By accessing or using any part of TikTech (the Site), you accept these Terms, without limitation or qualification. You may not use any portion of the Site if you do not agree with all of the Terms. The price information found on this site is subject to change without notice.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or another systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
We reserve the right to change any information, features, and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and TikTech has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify TikTech of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You may receive emails regarding your account or promotions for special offers, including third party offers.
You understand and agree that the following non-inclusive list of violations may result in TikTech terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site:
• Submit material that is subject to the intellectual property protection of a third party, including without limitation, any material otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you have permission from the owner of such rights to post said material on the Site;
• Request, demand, or suggest payment for items posted on or to the Site;
• Use the website as a platform for promotional giveaways;
• Submit any user data that TikTech, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
• Harass, threaten, embarrass or cause distress or discomfort to another Site participant, user, or other individual or entity;
• Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
• Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the Site, without their consent;
• Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
• Impersonate or misrepresent your affiliation with any person, including without limitation, a TikTech official or representative, chat or message board leader, guide or host;
• Disrupt the normal flow of dialogue in a comment section, forum, or chat service, or otherwise act in a manner that negatively affects other participants;
• Post or transmit any unsolicited advertising or promotional materials other than for items listed on this Site, or post or transmit any other forms of solicitation anywhere on the Site; or
• Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors, and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. For the sake of clarity, we reserve the right to substitute any products within a specific crate with similar products of the same genre.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TikTech and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to TikTech. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee the information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of TikTech on the Site are trademarks or registered trademarks of TikTech, or of their respective owners.
By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art, or comments) to TikTech website, TikTech social media channels (including, without limitation, Twitter (including # and @ comments incorporating TikTech), Facebook and Instagram) and pages dedicated to TikTech in discussion forums (e.g., Reddit), you grant TikTech a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of TikTech. You acknowledge and agree that you are solely responsible for all the user data that you make available through such means. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant TikTech the required rights to disseminate any user data, and (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or TikTech use of your uploaded data (or any portion thereof) on, through or by the means of TikTech will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
TikTech shall have no obligation to pay you any compensation for your user data and with respect to TikTech use or nonuse of your user data and is under no obligation to post or use any data you may provide. TikTech may, in its sole discretion, remove any user data at any time, with or without notice to you, prior or otherwise. You may request the removal of your user data for any reason on reasonable written notice to TikTech, on receipt of which TikTech will take commercially reasonable steps to comply with your removal request.
TikTech does not and cannot review all user data submissions and is not responsible for the content or substance thereof. However, TikTech reserves the right to delete, move, or edit user data that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable, provided that TikTech shall not be deemed the publisher of any user data by virtue of its right to control said data. Any views and opinions expressed in user-submitted data reflect the author’s point of view and are not necessarily those of TikTech or its licensing partners and affiliated entities.
Except as otherwise specifically provided, the site and the products offered on the site are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TikTech disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TikTech does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. TikTech does not make any warranties or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither TikTech nor its celebrity spokespersons shall be liable for any indirect, punitive, incidental, special, exemplary, or consequential damages or attorney’s fees or costs, that result from the use of, or the inability to use, the site or materials on or provided through the site, even if TikTech has been advised of the possibility of such damages, and even if a remedy set forth in these Terms of Service is found to have failed its essential purpose. In no event will TikTech liability to you exceed the amounts that you paid to TikTech in connection with your TikTech membership or other purchases made on the Site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
While TikTech takes precautions against security breaches, no website or Internet transmission is completely secure, and as such, TikTech shall not be liable for any damages whatsoever that may result from unauthorized access, hacking, data loss, or other breaches that may occur on the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, TikTech shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. TikTech shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TikTech shall immediately issue a credit to your credit card account in the amount of the charge.
TikTech has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, maybe modified or terminated by TikTech without notice at any time, for any reason. TikTech reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.