TERMS AND CONDITIONS

 & COMMUNITY RULES

Welcome to Kuiktok!

Kuiktok is owned and operated by Eight Design Studio LLC.

These are the terms and conditions for:

• Kuiktok App (iOS version – Available the Apple App store)
• https://kuiktok.com

By registering and using the application and website, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these terms, then you may not use the application and services. In these terms, “we”, “us”, “our” and Kuiktok refers to Kuiktok and “you” and “your” refers to you, the user of Kuiktok.

The following terms and conditions apply to the website, application and services offered by Kuiktok. This includes the mobile and tablet versions as well as any other version of Kuiktok accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “KUIKTOK” APPLICATION AND WEBSITE.

COMMUNITY RULES

You are prohibited from posting and you agree not to post and or stream any objectionable content which includes, but is not limited to:

• Sexually explicit material

• Violence
• Bullying and hate speech
• Any illegal activity

In case of any violation, you can inform us by reporting the user to kuiktok@gmail.com. Any convicted violators will be banned immediately. For more information please see terms of service.

ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Kuiktok. By registering and using the application and website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not download the application and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Kuiktok. You agree to be bound by any modification to this terms and conditions when you use Kuiktok after any such modification is posted; it is therefore important that you review this agreement regularly.

We may modify this agreement from time to time, and such modification shall be effective upon its posting on Kuiktok. You agree to be bound by any modification to this agreement when you use Kuiktok after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Kuiktok may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

ELIGIBLITY

You may use the services only if you can form a binding contract with Kuiktok, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this website and application for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.  

By registering and using the application and website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

USERS

If you wish to register to post questions and have them answered by other registered users (Experts users) through our video chat, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract under the laws of USA or another applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Kuiktok (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kuiktok reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

EXPERT USERS

If you wish to become an Expert user, you must read this agreement and indicate your acceptance during the registration process, in order to provide services and answer user questions through the Kuiktok our video chat.

In consideration of your use of the service as an Expert user and to provide services and answer questions from registered users through the Kuiktok video chat, you represent that you are of legal age to form a binding contract under the laws of USA or another applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Kuiktok and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kuiktok reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

Expert user identification on the Internet is difficult. For these reasons, Kuiktok cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Expert users and information provided by Expert users. You acknowledge that Kuiktok shall not be liable for any loss or damage caused by your reliance on and use of any information or content obtained from other users.

The use of the term “Expert” by Kuiktok and on the website is only intended to describe the users who make the queries via video chat, and does not guarantee any particular level of expertise of the Expert users.

ACCOUNT AND SECURITY

If you register on Kuiktok, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kuiktok of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Kuiktok. Kuiktok will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Kuiktok with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.

ACCOUNT DELETION AND TERMINATION

The users may terminate their accounts any time, for any reason, by following the instructions on Kuiktok. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Kuiktok.

Kuiktok reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Kuiktok believes that you have breached any of these terms, furnished Kuiktok with false or misleading information, or interfered with use of the website or the service by others.

PAYMENTS

All payments to Kuiktok are handled securely. Payment will be debited from your credit card or debit card, immediately on you placing the order for the subscription you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide. Kuiktok reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.

THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

SERVICE DISCLAIMER

Kuiktok is an online service and tool used for educational and informational purposes only. Any service, content or information provided by Kuiktok is provided “as is” and should not be considered as professional or expert advice. Kuiktok will not provide you with any professional advice or service.

Any information obtained from Kuiktok or any of our users is intended to provide a basic knowledge base and a starting point for a given situation. Users are only advisors and do not replace the advice of certified professionals.

Kuiktok does not accept claims of any kind as a result of questions answered by expert users or information provided by them. The answers and advice provided by Expert users are the sole responsibility of the Expert users and the Users themselves make responsible use of this information.

In addition, we make no representations or warranties about the accuracy, completeness, quality, authenticity, timeliness, or relevancy of the sources relied upon by our Experts users. It is your responsibility to determine whether, how and to what extent your intended use of the information provided by Kuiktok will be possible in the individual situations in which you intend to use them. Before acting on any information provided by Kuiktok, you should consider obtaining additional information and professional advice from professionally licensed individuals who are familiar with your local or individual circumstances.

EMERGENCY SITUATIONS (medical health issues)

Please note that, medical emergency situations should be dealt with directly by local emergency medical services, through the emergency lines (911) or directly by the emergency services. The Kuiktok app is not the appropriate venue to deal with such situations.

LICENSE TO USE THE PLATFORM

Kuiktok gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Kuiktok as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Kuiktok, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Kuiktok application or third parties.

RESALE OF SERVICES

Users may not resell the services or any portion of the content or the functionality of the platform, to any other party without prior written permission from Kuiktok, which may be granted or withheld in Kuiktok sole discretion.

SECURITY COMPONENTS

You understand that Kuiktok and software embodied within Kuiktok may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Kuiktok and/or content providers who provide content to Kuiktok platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Kuiktok.

COPYRIGHT

All materials on Kuiktok, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kuiktok or by third parties that have licensed or otherwise provided their material to the application and website. You acknowledge and agree that all Materials on Kuiktok are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Kuiktok prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Kuiktok or any part of the material for any purpose other than its intended purposes is strictly prohibited.

COPYRIGHT COMPLAINTS

Kuiktok respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Kuiktok website and application infringe upon your copyright or other intellectual property right, please send the following information to: 

1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

1. A statement specifically identifying the location of the infringing material, with enough detail that Kuiktok may find it on the Kuiktok website and application.  Please note: it is not sufficient to merely provide a top-level URL.

1. Your name, address, telephone number and e-mail address.

1. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

1. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

USER CONTENT

Certain features of the application and the website may permit users to upload content, which may be comprised of messages, video, images, text, and others and to publish that user content on the application. You retain any Copyright that you may hold in the user content that you post to the application. Nevertheless, we need certain permission from you in order to publish the content. Kuiktok is not responsible for the accuracy, safety or legality of user content published in the application. Users are solely and exclusively responsible for their content and the consequences of publishing their content.

LICENSE GRANT TO KUIKTOK

By providing user content to or via the service, you grant Kuiktok a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your user content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

USER CONTENT REPRESENTATIONS AND WARRANTIES

Kuiktok disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the service, you affirm, represent, and warrant that:

1. a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Kuiktok and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Kuiktok, the Service, and these Terms.
2. b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Kuiktok to violate any law or regulation.
3. c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
4. d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

USER CONTENT DISCLAIMER

We are under no obligation to edit or control user content that you or other users post or publish, and will not be in any way responsible or liable for user content. Kuiktok may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Kuiktok with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Kuiktok does not permit copyright-infringing activities on the service.

CONTENT REVIEW

Kuiktok does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the services by its users. You acknowledge and agree that Kuiktok reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Kuiktok chooses to monitor the content, Kuiktok still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.

PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the services and the use of the application, will be used in accordance with our Privacy Policy. When you use the Kuiktok services, you agree for us to collect and store your personal information. The personal information collected is also used to check the correctness of identification and do necessary checks. In giving the information you also agree for us to message or communicate with you unless you tell us not to. Please refer to our Privacy Policy.

NON-COMMERCIAL USE

The service may not be used in connection with any commercial purposes, except as specifically approved by Kuiktok. Unauthorized framing of or linking to any of Kuiktok is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of the account.

THIRD PARTIES

Kuiktok contains content of third-party licensors to Kuiktok, which is protected by copyright, trademark, patent, trade secret and other laws. Kuiktok owns and retains all rights, title and interest in the content. Kuiktok hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through Kuiktok or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Kuiktok and using the services.

Any dealings with third parties included within or on Kuiktok involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Kuiktok is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Kuiktok does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Kuiktok or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Kuiktok is provided to you for informational purposes only. Kuiktok encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Kuiktok works to ensure the information on Kuiktok is current and accurate.

PROHIBITED ACTIVITIES

The content and information available on the website and application (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Kuiktok or licensed to the Kuiktok by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:

1. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Kuiktok.

1. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

1. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

1. Deep-link to any portion of the services for any purpose without our express written permission.

1. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.

• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Kuiktok in connection with the services.

• Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.

1. Download any Content unless it’s expressly made available for download by Kuiktok.

DISCLAIMER OF WARRANTIES

Kuiktok will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet Kuiktok provides and maintains the Website and application on an “as is”, “as available” basis and makes no promise that use of the website and application will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website and application may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse Kuiktok for any loss or damage caused as a result.

Kuiktok will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Kuiktok excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Kuiktok and  Kuiktok shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on Kuiktok.
• Any interruptions to or delays in updating Kuiktok.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the applicationor any product or service purchased through the 
• Any loss or damage resulting from your use or the inability to use the application or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from The Website and application, or from transmissions via emails or attachments received from Kuiktok.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Kuiktok for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

 

INDEMNIFICATION

You agree to defend and indemnify Kuiktok from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Download the Kuiktok application.
• Your use of the Kuiktok application and services.

CHANGES AND TERMINATION

We may change the application, website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kuiktok without restriction.

INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by Kuiktok, shall constitute the entire agreement between you and Kuiktok concerning and governs your use of the application website and the services.

DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Kuiktok website and application, will be settled by binding arbitration between you and  Kuiktok, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Kuiktok are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Kuiktok otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

FINAL PROVISIONS

These Terms are governed by the law of USA. Use of Kuiktok application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

CONTACT US

If you have questions or concerns about these Terms please contact us at:

Email: Info@kuiktok.com

Phone: 3107360293