SWAG U Website Terms & Conditions

TERMS & CONDITIONS

Last revised: 16 November 2021

These TikTok terms and conditions (“Terms”) are entered into between you, as a user of the Website (described and defined below) (collectively, “you” or “your”); and TikTok Pte. Limited (“we”, “our” or “TikTok”).

These Terms set forth the terms and conditions with respect to your participation in, and use of, the following website: www.swag-u.com (the “Website”) that will be made available to you through the account(s) given to you pursuant to your agreement to these Terms (including, without limitation, any applicable data processing addendum(s)).

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 to help you learn about and enter the TikTok SWAG U Challenge, a competition for eligible individuals and/or teams to design the next batch of TikTok Swag products to be issued out to TikTok's client base ("Competition"). The Website will allow you to register to take part, access resources, guidelines and rules for the Competition and submit your final entry.

2. Your Content License Grant

In connection with your use of the Website, you may post, upload, or submit content to be made available on the TikTok platform (“Your Content”). In addition, you grant TikTok a non-exclusive, fully paid up, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable 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.

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. Your use of the TikTok platform and all of Your Content submitted to the TikTok platform will be subject to the TikTok Terms of Service, wider policies and Community Guidelines of the TikTok platform.

3. Use Restrictions

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

  • use our Website in such a way that disrupts, interferes with or restricts the use of our Website by other users;

  • use our Website for any activities which breach any laws or regulations or infringe any third party rights;

  • use the personal information of another person in order to access or use our Website;

  • remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of ours or any third party;

  • decompile, reverse engineer, disassemble, copy or adapt any software or other code or scripts forming part of our Website; and

  • transmit any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful through our Website.
     

4. Website Access

You may freely access the Website without login details or a password.

5. Ownership of the Website

The Website and its content, including the “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.

6. Intellectual Property Rights

a. The "TikTok" name, the terms and logos relating to the TikTok mobile apps 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 Website and/or TikTok mobile apps/platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TikTok.

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 TikTok's prior written consent except as follows: to the extent that we offer any TikTok branded digital properties as a result of your use of this Website, such as a certification or award, we will grant you a non-transferable, royalty free, revocable right to use the TikTok marks, including logo, contained therein for up to 12 months after receipt solely for the purpose of sharing the certification or award to publicise your win of the Competition. This includes the right to post any such certificate or award to your LinkedIn account and to add it to your email signatures, but expressly excludes the right to make use of any of TikTok's marks, names, logos, product and service names, designs and slogans, and/or those of and of its affiliates and licensors, alone and not as part of such certificate or award without the prior written consent, or to make any amendments or edits to the certification or award. You warrant that, in so using the TikTok marks, logo and certifications, you will not post them against any image or commentary in a context that is designed to bring TikTok and/or any of its affiliates into disrepute.

7. DISCLAIMER.

YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENTS 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; AND/OR (E) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. NOTHING IN THESE TERMS 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.

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 may 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 Terms.

11. Entire Agreement

These Terms, the Competition Terms, the Privacy Policy and wider TikTok policies, 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? You may contact us by e-mail at menat.business.marketing@bytedance.com