Terms of Use

Proprietary Rights in Content Created by TikiLIVE

TikiLIVE owns and retains all proprietary rights in the TikiLIVE Platform and source code. The compilation of all content on the TikiLIVE Platform (the “Content”) is the exclusive property of TikiLIVE (or its partners or Licensors). Except as otherwise provided in “User Content” below, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through the TikiLIVE Platform by TikiLIVE or TikiLIVE’ affiliates and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Users are only permitted to use this Content as expressly authorized by TikiLIVE, its affiliate or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from TikiLIVE, its affiliate or the advertiser. Content is provided to you AS IS for User’s information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TikiLIVE reserves all rights not expressly granted in and to the TikiLIVE Platform and the Content.

Nothing contained in the TikiLIVE Platform should be understood as granting you a license to use any of the trademarks, servicemarks, or logos owned by TikiLIVE or by any other third party outside of the TikiLIVE Platform. Inaction or failure by TikiLIVE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No Malicious Use

You shall not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, Services, or any network or networks connected to the Services or security systems.

TikiLIVE’ Rights in User Content

By Posting Content to the TikiLIVE Platform, you warrant and represent that you own the rights to that Content or are otherwise authorized to Post, display, perform, transmit, or otherwise distribute and sublicense that Content. If User is a TikiLIVE PayPerView or Subscription Service Host, User also warrants and represents that User has the right to exploit that content. You or the owner of the Content retain ownership of all right, title, and interest in Content that User Posts, display, perform, transmit, or otherwise distribute on TikiLIVE. However, User grants TikiLIVE a license to use and distribute the Content User Posts on TikiLIVE until a commercially reasonable time after User has deleted the Content. More specifically, by Posting, downloading, displaying, performing, transmitting, or otherwise distributing Content on TikiLIVE, User is granting TikiLIVE, its, affiliates, and their subsidiaries, assigns, employees, agents and licensees worldwide, royalty-free, sublicensable and transferable right to reproduce, display, distribute, adapt, prepare derivative works of, promote and perform that Content in any medium and through any media channel in connection with TikiLIVE business as well as the right to use throughout the universe User’s professional name, likenesses, other identifications, and biographical material concerning User which User has Posted to TikiLIVE, in connection with the advertising and promotion of TikiLIVE. This includes, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content, and to publish, disclose and use User’s name in connection with User’s Content. User will not be compensated by TikiLIVE for any Content which User Posts or for the use of User’s name or likeness used in accordance with the above. The above licenses granted by User terminate within a commercially reasonable time after User has deleted the Content.

Restrictions on Posting Content

User is solely responsible for all Content Posted by User and all Content Posted under User’s user name, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other users via the TikiLIVE instant message service and TikiLIVE internal email service. You may use TikiLIVE for lawful purposes only. You may not Post or transmit, whether publicly or privately, any material that (a) is false, misleading, deceptive, deceitful, or constitutes “bait and switch”;(b) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content Posted; (c) contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs; (d) harasses, threatens, or abuses another person; (e) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; (f) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense; (g) gives rise to civil liability; (h) advertises or otherwise solicits funds or is a solicitation for goods or services, other than that which is incidental to User’s use of the PayPerView service; (i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or (j) otherwise violates any applicable local, state, national or foreign law or regulation.

Prohibited Uses

TikiLIVE imposes certain restrictions on User’s permissible use of TikiLIVE. User is prohibited from violating or attempting to violate any security feature of TikiLIVE, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that User is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of TikiLIVE or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using TikiLIVE to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging the TCP/IP packet header or any part of the header information in any email or in any Posting using TikiLIVE; or (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TikiLIVE in providing TikiLIVE. Any violation of system or network security may subject you to civil and/or criminal liability. You also may not use TikiLIVE to stalk or harass anyone, Post irrelevant Content or repeatedly Post the same or similar Content.

Compliance with Intellectual Property Laws

When using TikiLIVE, you agree to obey the law and to respect the intellectual property rights of others. User’s use of TikiLIVE is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using User’s user name. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Alleged Violations

TikiLIVE reserves the right to terminate User’s use of TikiLIVE at any time with or without cause and with or without notice to you. To ensure that TikiLIVE provides a high quality experience for you and for other users of TikiLIVE, you agree that TikiLIVE may access User’s account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of TikiLIVE. TikiLIVE does not intend to disclose the existence or occurrence of such an investigation unless required by law, but TikiLIVE reserves the right to terminate User’s account or User’s access to TikiLIVE and to delete all Content Posted therein, with or without notice to you, and without liability to you, if TikiLIVE believes that User has violated any of the Terms of Service, furnished TikiLIVE with false or misleading information, or interfered with use of TikiLIVE.

Reporting Certain Abuse to Law Enforcement

The TikiLIVE service is intended for use by a general audience including children as young as 14 years of age. Sexually explicit Content is strictly prohibited on the TikiLIVE Platform. The traffic data and personal information of TikiLIVE Users who Post sexually explicit material may be reported to law enforcement authorities for prosecution under applicable criminal laws.

TikiLIVE fully complies with the Congressional mandate of 42 U.S.C. § 13032, which requires us to report to the National Center for Missing and Exploited Children, the facts and circumstances relating to sexually explicit Content and other criminal offenses involving children under the age of 18 which appears on the TikiLIVE Platform.  This includes, but is not limited to, the Posting of sexually explicit material, (including without limitation, photos, videos, and live Webcasts) depicting children under the age of 18.

Other types of abuse and violations of our Terms of Service that may compromise the safety of our Users, and which do not fall within the Congressional mandate of 42 U.S.C. § 13032 may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.

No Duty to Monitor Content

TikiLIVE, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on the TikiLIVE Platform including, without limitation, the Content of any communication that occurs on or through the TikiLIVE instant message service and the TikiLIVE internal email service. TikiLIVE reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms and Conditions (“Terms”), or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but TikiLIVE is not responsible for any failure or delay in removing such Content.

Parental Control Protections

TikiLIVE is concerned about the safety and privacy of all TikiLIVE users, especially children. However, it is important to keep in mind that TikiLIVE is intended for broad general use and users may find that some Content available on the TikiLIVE Platform is offensive, indecent or objectionable. TikiLIVE cannot be held responsible for any Content Posted by TikiLIVE users which may be offensive, indecent or objectionable. While TikiLIVE has established rules keeping children under the age of 14 from becoming a user of TikiLIVE, it is easy for children to lie about their age and thus gain access to Content which may be inappropriate and unintended for them. It is up to parents to properly supervise their children’s on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their children’s on-line activities such as computer hardware, software, and filtering services which can be used to lock a child’s access to on-line services such as TikiLIVE. You can find tools that will assist you in supervising User’s children’s on-line activities by clicking here.

Copyright Infringement

TikiLIVE has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the TikiLIVE Platform.  TikiLIVE has adopted a policy that provides for the immediate suspension and/or termination of any TikiLIVE user who is found to have infringed on the rights of TikiLIVE, or of a third party, or otherwise violated any intellectual property laws or regulations. TikiLIVE’ policy is to investigate any allegations brought to its attention. If User has any evidence, knowledge, or a good-faith belief that User’s rights have been violated and User wants TikiLIVE to delete, edit, or disable the material in question, User must provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address; (e) a statement that User has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to TikiLIVE’ designated Agent for Notice of Claimed Infringement. TikiLIVE’ agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:

https://TikiLIVE.com/contact_us/

If User has been notified by TikiLIVE that User’s Content has been removed (or access to it was disabled) in response to a notification of infringement, and User believes that User’s Content is not infringing, or that User is using the Content in a manner authorized by the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a counter-notice containing the following information to the Copyright Agent: (a) User’s physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that User has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) User’s name, address, telephone number, and e-mail address. If a counter-notice is received by the Copyright Agent, TikiLIVE may send a copy of the counter-notice to the original complaining party informing that person that TikiLIVE may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against TikiLIVE or the TikiLIVE user, the removed content may be replaced, or access to it restored, within a commercially reasonable time.

Other Businesses and Links to Other Sites

Our websites may provide links to the websites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to User, and do not constitute an endorsement by TikiLIVE of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. TikiLIVE is not responsible for examining or evaluating, and does not warrant or claim responsibility for in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. User should carefully review their privacy statements and other conditions of use.

TikiLIVE has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any Content listed for sale on TikiLIVE or any business transaction that occurs as a result of Content listed for sale on TikiLIVE.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A PAY PER VIEW HOST OR OTHER MERCHANT LISTED ON TikiLIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE TikiLIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

Privacy Policy

Use of the TikiLIVE Platform is also governed by our Privacy Policy accessible at:

https://TikiLIVE.com/page/privacy-policy/

DISCLAIMER OF WARRANTIES

TikiLIVE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF OUR WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, TikiLIVE HEREBY DISCLAIMS ALL WARRANTIES. TikiLIVE IS MAKING TikiLIVE AVAILABLE "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TikiLIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, TikiLIVE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH TikiLIVE IS ACCESSED AT USER’S OWN RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. TikiLIVE DOES NOT WARRANT THAT TikiLIVE WILL MEET USER’S REQUIREMENTS OR THAT THE OPERATION OF TikiLIVE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN TikiLIVE WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TikiLIVE AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

LIMITED LIABILITY

TikiLIVE’ LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TikiLIVE, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH USER’S USE OR INABILITY TO USE TikiLIVE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

USER DISPUTES AND RELEASE

USER IS SOLELY RESPONSIBLE FOR ANY DISPUTES BETWEEN YOU AND OTHER TikiLIVE USERS INCLUDING WITHOUT LIMITATION, DISPUTES CONCERNING TRANSACTIONS WITH OTHER USERS. TikiLIVE RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO MONITOR OR RESOLVE DISPUTES BETWEEN TikiLIVE USERS.

USER WILL NOT HOLD TikiLIVE RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR INACTIONS. YOU ACKNOWLEDGE THAT TikiLIVE IS AN INTERACTIVE ONLINE SERVICE PROVIDER, PROVIDING THE TikiLIVE Platform TO ITS USERS FOR THE PURPOSE OF COMMUNICATING WITH OTHER USERS AND PUBLISHING USER CONTENT INCLUDING PROVIDING A VENUE WHICH CAN BE USED BY ANYONE TO OFFER, SELL, AND BUY USER CONTENT AT PRICES SET BY AND AGREED TO BY OTHERS, IN A VARIETY OF PRICING FORMATS. TikiLIVE IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS OF CONTENT. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF USER CONTENT ADVERTISED, THE TRUTH OR ACCURACY OF USER CONTENT, THE ABILITY OF SELLERS TO SELL CONTENT, THE ABILITY OF BUYERS TO PAY FOR CONTENT, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

IF USER HAS A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE TikiLIVE, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF USER IS A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY

USER AGREES TO DEFEND, INDEMNIFY AND HOLD TikiLIVE, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY WITH RESPECT TO ANY TRANSACTION(S) USER IS INVOLVED IN WITH OTHER USERS, DUE TO OR ARISING FROM USER’S ACCESS TO OR USE OF THE TikiLIVE Platform, USER’S VIOLATION OF THESE TERMS OF SERVICE, USER’S BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR USER’S INFRINGEMENT BY USER OR ANY OTHER USER OF USER’S ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

Choice of Law and Forum

TikiLIVE is controlled and operated by TikiLIVE from its offices in the State of Florida. TikiLIVE makes no representation that TikiLIVE is available or appropriate for use in other locations. Your use of or access to TikiLIVE should not be construed as TikiLIVE purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Florida. The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law’s provisions. If there is any dispute about or involving TikiLIVE and/or this Agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within Marathon, Florida.

No Agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

Other

If any provision of these Terms shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of these Terms shall be affected as a result thereof, and accordingly, the remaining provisions of these Terms shall remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein. Any cause of action arising out of or related to TikiLIVE and these Terms must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred. The section headings in these Terms are solely for convenience and have no legal or contractual significance.