Creator Program Terms of Service
Last updated: Nov 2018
PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN THE PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PARTICIPATE IN THE PROGRAM.
By participating in the Program, you agree to be bound by these Terms as a legal agreement. You represent that you are over 18 years old or older, and you have the authority to enter into this agreement personally or on behalf of the legal entity you represent and to bind that legal entity to this agreement.The parties agree in good faith to the following obligations and duties:
1. The Program. Creators are selected to participate in the Program, which provides access to certain Program Benefits (defined below). The Program will be provided to you at no costs, but you must have an account to become part of it.
2. Program Benefits. Creator will be given the opportunity to use the Program Benefits, but in no way is Creator required to take advantage of any of the Program Benefits. Program Benefits may change from time to time as TikTok elects and in accordance with section 3 of these Terms, but may include the following:
a. Dedicated Community Manager – A TikTok Community Manager will be assigned to Creator to assist with non-technical account issues. The TikTok Community manager will not be Creator’s agent, nor represent them in any way.
b. In-app activities – Creator may receive early information regarding hashtag challenges, campaigns or other in-app activations by TikTok or TikTok partners.
c. Insights – Creator may receive feedback from the TikTok Community Manager about Creator’s Posted Content, e.g., if their content is performing well and/or how to improve it. Particularly, the Community Manager may provide the Creator analytics pertaining to their account performance. Any feedback provided by TikTok is meant to be used for Creator’s sole personal benefit.
d. Invitation to Exclusive Events – Creator might be invited to attend exclusive events hosted or sponsored by TikTok, or TikTok partners.
e. Merchandise – From time to time, TikTok may provide Creator with promotional merchandise.
f. Early Access to Features – You may receive early access to upcoming product features and releases for beta testing.
3. Program Availability. TikTok reserves the right in its sole discretion to modify, terminate, establish, control, and limit any aspect of the Program from time to time. We may notify you about any changes to these Terms within 14 days, through a message by e-mail.
4. TikTok Intellectual Property. The Program, Services, and Platform (including all TikTok content included or accessible within) are the sole property of TikTok, and are protected by intellectual property rights.
5. Your IP and License Grant. You will retain all ownership and intellectual property rights in any content that you upload, post, transmit or have uploaded, posted, or transmitted to or through the Platform or Service (“Posted Content”) you create in connection with the Program and the Services. But in consideration for TikTok allowing your participation in the Program, you hereby grant TikTok a royalty-free, non-exclusive, worldwide, unrestricted and sub-licensable license to reproduce, distribute, publicly display, communicate to the public, publicly perform, make available, create derivative works from, broadcast, and retransmit (in certain contexts) Posted Content by any means and through any media and formats for the purposes of: (a) displaying and sharing your content to other users of the Service and (b) providing the Service as authorized by this Terms. The grant of the license is limited for the Term of your participation in the Program (defined below). No financial or other compensation will be made for the license. TikTok will have no obligation to use any of your Posted Content for any purpose, and any decision to use or not use your Posted Content for the before mentioned purposes will be in TikTok’s sole discretion. TikTok has no obligation to notify you if it elects to use your Posted Content in any manner pursuant to the license granted to TikTok herein.
6. Parties’ Relationship. Your participation in the Program does not imply any agency, representation, sponsorship, or endorsement between TikTok and you.
8. Confidentiality. Any information about TikTok, its affiliates, or its products, including the Platform and the Services, that is made available to you under this Program, including but not limited to this Agreement, that is not otherwise publicly available is TikTok’s confidential information (“Confidential Information”). You agree not to disclose TikTok’s Confidential Information to any third party under any circumstance, unless approved in writing by TikTok.
a. The liability of the TikTok is unlimited for damages arising out of injury to body or health or death based on any acts conducted by a legal representative or designated agent of TikTok, as well as for fraudulent misrepresentation. The liability of TikTok is unlimited pursuant to claims of data subjects in accordance with Art. 82 GDPR.
b. The Creator Program is provided for personal non-business use only and TikTok shall not be liable for any business losses.
c. In all other cases TikTok shall only be liable to the amount of the typically foreseeable damage and up to a maximum aggregate liability of [£250]. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.
11. Assignment. Creator will not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any or its rights or obligations under this Agreement without TikTok’s prior written consent. TikTok may freely assign this Agreement or any of its rights or obligations under this Agreement without the consent of Creator.
12. Applicable Law: Any and all disputes and causes of action arising out of or connected with the Program and the enforceability of these Terms, shall be governed by laws of England and Wales, and shall be subject to the jurisdiction of the English courts. For consumers within the European Union, the law and court jurisdiction of their habitual residence may also be applicable, provided that the provisions of consumer law are mandatory.