Terms and Conditions

Last updated: 11 June 2021

These TikTok Trendsetter Challenge Website Terms (“Terms”) are entered into between you, as a user of the Website (described and defined below) (collectively, “you” or “your”); and TikTok Pte Ltd (“we”, “our” or “TikTok”). These Terms set forth the terms and conditions with respect to your participation in the Website (the “Website”) that will be made available to you pursuant to your agreement to these Terms. Please read these Terms carefully as you must accept these Terms before proceeding to use the Website. You accept these Terms by accessing or using the Website. You understand and agree that, from that point onwards, we will treat your access to or use of the Website as acceptance of these Terms. For information about the data (including Personal Data) that we process, collect, use, and disclose about users of our Website, please review our Privacy Policy.

1. Website Description

The Website is a fun and interactive environment where individuals, professionals and agencies can register as a participant, upload submissions, access creative workshops, tutorials and playbooks, and vote on the Individual category submissions.

2. Your Content License Grant

In connection with your use of the Website, you may post, upload, or submit content to be made available at the Website (“Your Content”). In addition, you grant TikTok a non- exclusive, fully paid up, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicense able license to access, copy, use, host, cache, store, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative works (either alone or as part of a collective work) from Your Content to this Website and/or the TikTok platform, and feature Your Content in promotions, advertising, marketing and/or publicity for the service as well as the brands, trademarks of TikTok and/or TikTok affiliates (“Advertising Video“), and distribute and publish the Advertising Video on any and all online and offline platforms through any means of communications. All information provided by you through the Website must be accurate and complete in all respects, unless by its nature such information is not intended to be accurate or complete.

3. Use Restrictions

In accessing any part of our Website, you agree not to:

4. Ownership of the Website

The Website and its content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. We reserve all rights in connection with the Website and its content, including, without limitation, the exclusive right to create derivative works.

TikTok reserves the right to delete submissions and other content from participants in the Website in the event of a violation of these Terms. The participants are solely responsible for, and will not assume any responsibility from TikTok, for their submissions or content (including the links they have set).

6. Intellectual Property Rights

a. The TikTok name, the terms and logos relating to the mobile apps “TikTok” and all related names, logos, product and service names, designs and slogans are trademarks of TikTok or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

b. You may be able to feedback, comments and suggestions for improvements to the Website (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Websites or in any such Feedback. All Feedback becomes the sole and exclusive property of TikTok and TikTok may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to TikTok any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

c. By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials on the Website without our prior written consent.

7. DISCLAIMER.

YOUR ACCESS TO AND USE OF THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO IT. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; AND (C) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE) APPLY TO THE WEBSITE EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS .

WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE WEBSITE FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

8. LIMITATIONS OF LIABILITY.

IN NO EVENT SHALL WE OR OUR WEBSITE PROVIDER OR LICENSORS BE LIABLE TO YOU FOR: (A) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (B) ANY LOSS OF GOODWILL; (C) ANY LOSS OF OPPORTUNITY; (D) ANY LOSS OF DATA; OR (E) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. NOTHING IN THESETERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.

9. Applicable Law, Jurisdiction and Supplemental Terms

These Terms, their subject matter, their formation, and any disputes relating to these Terms are subject to the laws of Singapore. Any disputes arising hereunder shall be finally settled by arbitration in Singapore under the proceedings shall be conducted in English. Any award made by the arbitral board shall be final and binding on each of the parties that were parties to the dispute, and the prevailing party shall be entitled to its legal costs and expenses in any arbitration proceeding, including reasonable attorneys’ fees, as part of such aware. When any dispute occurs and when any dispute is under arbitration, except for the matters in dispute, the parties shall continue to fulfill their respective obligations, and shall be entitled to exercise their respective rights under these Terms. The parties waive to the fullest extent permitted by law any rights to appeal or to review of the arbitration award by any court or tribunal. Each of the parties hereto hereby irrevocably waives any objection or claim regarding improper jurisdiction, inconvenient forum or improper venue.

Any disputes arising hereunder shall be finally settled by arbitration in Singapore under the arbitration rules of the Singapore International Arbitration Centre (“SIAC”) in effect at the time of the delivery of the arbitration notice. The arbitration shall be administered by the SIAC in accordance with the arbitration rules of the SIAC for the time being in force (“SIAC Rules”). The arbitration shall be conducted by an arbitral tribunal consisting of one (1) arbitrator, to be jointly nominated by parties. Should parties fail to agree upon an arbitrator within ten (10) days after delivery of the arbitration notice, the arbitrator shall be appointed by the President of the SIAC. The arbitration proceedings shall be conducted in English. Any award made by the arbitral board shall be final and binding on each of the parties that were parties to the dispute, and the prevailing party shall be entitled to its legal costs and expenses in any arbitration proceeding, including reasonable attorneys’ fees. When any dispute occurs and when any dispute is under arbitration, except for the matters in dispute, the parties shall continue to fulfill their respective obligations, and shall be entitled to exercise their respective rights under these Terms. The parties waive to the fullest extent permitted by law any rights to appeal or to review of the arbitration award by any court or tribunal. Each of the parties hereto hereby irrevocably waives any objection or claim regarding improper jurisdiction, inconvenient forum or improper venue.

10. Terms Modification

We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail. However, it is your sole responsibility to review these Terms from time to time to view any such changes.

The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Website after the modifications have become effective will be deemed your acceptance of the modified erms.

11. Entire Agreement

These Terms and our content policy, constitute the whole legal agreement between you and TikTok and govern your use of the Website and completely replace any prior agreements between you and TikToK in relation to the Website.

12. No Waiver

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right in these Terms.

13. Security

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

14. Severability

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

15. No Assignment

You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of us. We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

16. Contact

Questions or complaints? You may contact us by e-mail at marketing@sea.tiktok-email.com.