terms of use

Last updated: April 17, 2019

 

Welcome to Chiptok!

 

This Terms of Use (the “tou”) is entered into between you and Chiptok Inc. (“Chiptok”) and applies to any website or service provided by Chiptok, including but not limited to Chiptok.io (the “Website”) and the Chiptok chat application (collectively, theService”).

 

By clicking “I Acceptor similar confirmation or by using the Service you are agreeing to be bound by the TOU. 

 

  1. UPDATES

 

Chiptok reserves the right to modify the TOU at any time (“Update”) and shall make any Update available on the Chiptok Website.  You are deemed to accept any Update by continuing to use the Service.  Unless Chiptok states otherwise, any Update is automatically effective 30 days after posting on the Website.

 

  1. The SERVICE

 

2.1               Subscription and License.  Chiptok grants you a non-exclusive, non-sublicensable, limited, revocable subscription to access the Service.  In addition, if you access the Service through Chiptok’s application or other software, Chiptok grants you a non-exclusive, non-sublicensable, limited, revocable license to install and use such software on any computer(s) or mobile devices(s) you use. 

 

2.2 User Content License.  User content includes any information that you submit, transmit or upload while using the Service (“User Content”).  By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Chiptok a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party.  Chiptok reserves the right to review, edit, delete or block access to User Content without notice.

 

  1. ACCESS TO THE SERVICE

 

3.1               Age of Access. You cannot use the Service if you are under the age of 13. If you are between 13 and 18 years old, you must have the consent of a parent or guardian to use the Service.

 

3.2               Accounts and Login Information.  Access to the Service may require you to register an account with Chiptok directly or with a third party, such as Google, Apple, or Facebook (each, an “Account”).  In order to access an Account, you may require a user ID, password or other login information (“Login Information”).  You shall manage and ensure the security, confidentiality and authorized use of Login Information.  Authorized Users are prohibited from sharing Login Information.  Chiptok strongly recommends that you keep your Login Information confidential.  You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized.  You shall notify Chiptok promptly of unauthorized access or use of your Account.

 

3.3Features.  The Service has features that contain different types of functionality which may include chat, video sharing, video reactions (when viewing other people’s posts), augmented reality images and videos (such as adding animated facial features to your image or video), photo sharing, sound recording (including recordings attached to your profile), comment posting, doodles, or other features (collectively, “Features”).  None of the Features available through the Service involve any biometric identification or facial geometry. Certain Features that outline your face for applying a skin or animation only use non-personal data for the processing of your image and do not use or collect any personal data during this process. Features available to you are subject to change at any time at Chiptok’s sole discretion, without notice or compensation.  Features available are listed in part on the Website, and may be updated periodically.

 

  1. USE OF THE SERVICE

 

4.1               Authorized Use.  You shall use the Service in conformance with all applicable laws and regulations and shall not:

 

  1. engage in conduct constituting improper use of the Service;

 

  1. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;

 

  1. reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, or distribute the Service;

 

  1. break, disrupt or attempt to break or disrupt any device used to support the Service or experience of an Authorized User or knowingly exploit a flaw or bug in the Service;

 

  1. store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights;

 

  1. harass, abuse, stalk, threaten or impersonate any person;

 

  1. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by Chiptok;

 

  1. link to, post, submit or upload content from sensitive private locations such as bathrooms, locker rooms, health facilities, or private locations where children congregate;

 

  1. promote, encourage or undertake illegal activity or communicate, link to, post, submit or upload content that contains objectionable or offensive conduct, including but not limited to nudity, violent content or sexually suggestive content about children; or

 

  1. infringe or violate third-party rights including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information,

 

as determined by Chiptok in its sole discretion.

 

4.2               Suspension and Termination.  Chiptok reserves the right to suspend or terminate your access to the Services and your Account, without notice to you, at any time, and for any reason (or for no reason) including but not limited to non-compliance with the TOUChiptok has sole discretion to lift a suspension or reverse a termination. Your access to the Service and your Account automatically terminates upon the earliest of the date: (a) you or Chiptok terminate your access to your Account; or (b) of your non-compliance with the TOU. 

 

4.3               Privacy and User Content.   Use of the Service is governed by a Privacy Policy detailing how Chiptok collects, uses and discloses personal and anonymous data about you and is available on the Website, as updated on one or more occasions.  If at any time you disagree with the Privacy Policy, you must immediately stop use of the Service and contact Chiptok at support@chiptok.com.

 

  1. THIRD-PARTY APPLICATIONS

 

The Service may allow you to integrate with third-party services and/or products (“Third-Party Applications”) including Trulioo, Facebook and GoogleThe TOU does not grant any license, right, title or interest in Third-Party Applications and you may be required to enter into agreements with a third party in order to use such Third-Party Applications. If you allow Third-Party Applications, Chiptok may permit access to User Content as required for the integration or use of such Third-Party Applications with the ServiceIntegration of Third-Party Applications is contingent upon third-parties permitting Chiptok to integrate with their respective Third-Party Applications and such permission and/or integration may end at any time without notice or compensation to youThird-Party Applications are unsupported by Chiptok, whether or not Chiptok advised that Third-Party Applications inter-operate with the Service.  Any recommendations, references or links that Chiptok may provide regarding Third-Party Applications are for illustrative purposes only.  CHIPTOK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING the integration or continued integration of THIRD-PARTY Applications.  You shall not hold CHIPTOK LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD-PARTY Applications or loss of Third-Party application integration.

 

  1. PROPRIETARY RIGHTS

 

6.1               Ownership and Rights.  Chiptok retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names and trade secrets, and in Features or modifications to the Service. The TOU does not convey any right, title or interest in, or constitute the sale of any right to software, the Service, or Account.

 

6.2               DMCAChiptok responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”).  If you wish to make a DMCA claim, you must provide the following information in writing in your DMCA notice:

 

  1. identify the copyrighted work that you claim has been infringed;

 

  1. identify the material claimed to be infringing and where it is located;

 

  1. provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;

 

  1. provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;

 

  1. provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and

 

  1. provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

 

Chiptok may provide you notice if your communication, post, submission or upload was removed as a result of Chiptok receiving a DMCA notice from a copyright owner.  If you receive notice from Chiptok, you may provide a counter-notification in writing to Chiptok’s designated DMCA agent through the means provided below.

 

DMCA notices can be sent to Chiptok by emailing support@chiptok.com or by mail:

 

Privacy Support Team


225 W 8th Ave #300, Vancouver, BC, Canada V5Y 1N3

 

 

  1. DISCLAIMER, limitation of liability

 

7.1               Disclaimer.  The Service is provided to you “as is” and CHIPTOK, its subsidiaries, affiliates, officers, directors, employees, representatives and assigns disclaim all warranties and conditions, express, implied or statutory, including without limitation merchantability, fitness for a particular purpose, and non-infringement of Third-Party rights, to the extent permitted by law. without limiting the foregoing, CHIPTOK makes no representations or warranties that The Service will meet YOUR requirements or that operation of THE SERVICE will be uninterrupted, continuously available, error free, will not harm computerS or mobile deviceS, result in lost data, or be secure against unauthorized access. No oral advice or written information provided bY CHIPTOK, its subsidiaries, affiliates, officers, directors, employees, representatives or assigns, will create any warranty and you shall not rely upon such advice or information.  you bear the entire risk as to the performance, operation and quality of the Service.

 

7.2               Limitation of Liability.  CHIPTOK, its subsidiaries, affiliates, officers, directors, employees, representatives and assigns shall not be liable to you for any claim, loss or damage of any kind arising out of or relating to the Service or third-party aPPLICATIONS including without limitation Direct, consequential, incidental or special damages, or LOSS OF USER CONTENT, even if CHIPTOK has been advised of the possibility of such damage OR LOSS

 

7.3               Maximum Aggregate Liability.  note that some jurisdictions do not allow the disclaimer of certain terms or warranties oR exclusion of liability for certain damages and, If any disclaimer or limitation of liability is found unenforceable, void or does not fully shield CHIPTOK, its subsidiaries, affiliates, officers, directors, employees, representatives and assigns from liability, you agree that THe maximum aggregate liability in any case whatsoever will be the TOTAL amount paid BY YOU to CHIPTOK in THE 12 months immediately preceding the date of the harm in question.

 

  1. GENERAL

 

8.1               Governing Law.  The TOU and Privacy Policy are governed by the laws of the province of British Columbia and the laws of Canada, without reference to principles of conflicts of laws. The parties irrevocably attorn to the jurisdiction of the appropriate provincial and federal courts of the province of British Columbia to hear any proceedings related to the TOU or Privacy Policy.

 

8.2               Severability and Waiver.  If any provision of the TOU or Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of the TOU in full force and effect.  No failure or delay by a party in exercising any right, power or remedy under the TOU constitutes a waiver. 

 

8.3               Assignment.  Chiptok may assign the TOU without your consent or notice to you.  You cannot assign the TOU.

 

8.4               Survival.  Sections 2.2, 4.2, 4.3, 6, 7 and 8 survive termination of the TOU.

 

8.5               Entire Agreement.  The TOU, together with the Privacy Policy, constitutes the entire agreement between you and Chiptok with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.