Terms of Service

Last updated: December 16, 2021

Before using www.tikichat.com (the "Site"), owned and operated by Tikichat, LLC, a Florida Limited Liability Company with a principal address of 12378 SW 82nd Ave., Miami, Florida 33156 ("Tikichat," "we," "our," or "us"), please read the following terms and conditions (the "Terms of Service") carefully. The Terms of Service are a legal agreement between Tikichat and you, whether you are a website visitor or a member (collectively the "Users"). By visiting the Site or using any of our services, you acknowledge that you have read, understood, and agree to comply with and be bound by the Terms of Service (the "Agreement"). If you do not agree to comply with these Terms of Service, do not use this Site.

YOU AGREE THAT BY USING OUR SITE OR SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Description of our Services
We provide you, our Users, a platform to interact with other Users via video, audio, and text. You may access our platform through the Site, including our mobile sites, and domains, and all sub-domains, web pages, and country level domain variants. We refer to the foregoing as our "Services."
The Site operates solely as a social networking platform and any misuse of the Services including, but not limited to, illegal purposes, is not permitted. The Site is not a dating, "hook up," or other similar type of website/service. The Site is merely intended for entertainment purposes only which include a medium for consenting adults to interact, including viewing, sharing, and communicating their interests.
Users are responsible for their own communications and any content they share. While we have established a Code of Conduct and will use our reasonable efforts to investigate any report that Users are not complying with the Code of Conduct or this Agreement, we do not and will not undertake any duty to supervise the Tikichat rooms or any other communication through the Site. We have no control over any communications that happen through the Site, and you expressly release us from all claims in connection with any communication between you and other Users of the Site, whether they take place through the Site or not.
You further acknowledge that you may be exposed to content you deem offensive, obscene, indecent, or sexually explicit in nature, and you agree to waive, and hereby do waive, any rights or remedies you may have against Tikichat with respect thereto.
Acceptable Use of the Services
The Services are made available to you only for the intended purposes setout herein. In connection with your access and/or use of the Services, you shall not: (a) engage in any activity that could damage, disable, impair, interrupt, or interfere with the Services, including networks and servers connected to the Services; (b) consume a commercially disproportionate amount of bandwidth, CPU usage, memory storage space, or any other network or system resources, including any limits set by us on maximum concurrent usage of the Services; (c) introduce a virus, worm, Trojan Horse, or any other malicious or harmful software code, data, or file that may damage, interfere with, intercept or expropriate any system, data, personal information or property of another; (d) attempt to gain unauthorized access to accounts not owned by you, or to any connected network or servers to the Services through hacking, phishing, or other means; (e) use the Services on a service bureau or shared basis; (f) host the Services to be accessible by third parties; (g) sell, resell, assign, transfer, license, lease, or rent access to or use of the Services or otherwise transfer any rights to use the Services under this Agreement; (h) utilize the Site or Services in connection with any activity that would constitute a violation of any applicable law, regulation or ordinance; (i) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; (j) defame, defraud, abuse, harass, stalk, threaten, or otherwise violate any legal rights (such as rights of privacy and publicity) of others; (k) transmit any files or materials protected by intellectual property laws, unless you own or control the rights thereto or have received the necessary consent to do the same; (l) utilize "scripts," "robots," "spiders," "scrapers," "web crawlers," "data mining tools," "extraction tools" or utilize computer programs that recursively query the Site over the Internet; (m) "frame," "cache," "grab," use, or copy any content included on the Site or Services; (n) reverse engineer the Site or content thereon for any purpose whatsoever.
You acknowledge that you are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
Intellectual Property
The Site contains intellectual property and information which is proprietary to us and protected by United States and foreign laws. We retain ownership and control of all intellectual property inherent in, associated with, or related to the Services and Site, including, but not limited to, patent rights, copyrights, trademarks, service marks, or trade dress rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade-secrets, and any other right not expressly licensed to you under this Agreement, whether or not it is identified as proprietary.
You acknowledge that no ownership rights are being conveyed to you under this Agreement. Any feedback or recommendation you provide regarding the Services will be our exclusive property, and you agree to and hereby do assign all right, title, and interest in and to such feedback and all rights associated therewith to us.
You agree not to modify, reproduce, publish, distribute, share, create derivative works from, publicly display, publicly perform, license, sell, or resell any content, software, products, or services through this Site or Services. We grant you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site, contingent upon your full compliance with this Agreement and any additional terms and conditions set forth by us. We retain full and complete title to any content made available by us on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in our sole discretion. We prohibit any other use of the content available to you through the Site or Services.
Your Account
To use certain features of the Services, you are required to register for an account and provide us with certain information, such as a valid email address. Each account created on the Site must only be for the use of one individual. You may not share or transfer your account, or otherwise make available any account information with anyone else. You are responsible for the confidentiality of your account information, including your password. You are solely responsible for all activity made through your account on the Site. By registering for an account, you agree that all your registration information is legal and accurate. We, in our sole discretion, may cancel your account for any reason and without notice. You may cancel your account any time by deleting your account.
User Content
We permit you to upload and transmit video, audio, text, messages, images, graphics, pictures, photographs, and other materials to the Services ("Your Content"). Your Content is your sole responsibility. This means that you, and not Tikichat, are entirely responsible for all Your Content that you upload, transmit, stream, post, link, distribute, or otherwise make available to us or to other Users of the Services. Under no circumstances will we be liable for any of Your Content including, but not limited to, any loss or damage of any kind incurred due to the use of Your Content made available through our Site.
You represent and warrant that Your Content uploaded and/or transmitted through the Services is your own and/or you own all the necessary rights to comply with this Agreement and to distribute such content. You understand that by making the Services available we are not directing any User to upload and/or transmit any content including any content which may infringe upon the rights of any third party. You understand that any review of Your Content by us, either before or after such content is viewed by Users, shall only be cursory in nature to identify any obvious violations of this Agreement and that it is your sole responsibility to confirm that you are complying with this Agreement and not violating the rights of any third party.
We do not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed. By uploading, transmitting, publishing, and/or streaming Your Content in any form through the Site, you are requesting and directing us to make Your Content available to other Users of the Site.
Any material or information you transmit or post in a Tikichat room will be treated as non-confidential and may be disseminated or used by us or our associates for any purpose whatsoever, including, but not limited to, developing, producing, supporting, and marketing of the Services. Notwithstanding the foregoing, all personal information provided to us will be handled in accordance with our Privacy Policy.
You acknowledge we do not pre-screen Your Content, but that we do have the right, but not the obligation, to modify, transmit, refuse, delete, or move any of Your Content that is available on the Services in our sole discretion. You further agree to not intentionally provide false or misleading information on the Services. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, or inflammatory material, or any other material that could give rise to any civil or criminal liability under the law.
You acknowledge it is possible that Users may post links to third-party websites (the "External Links"). We are not responsible for and shall have no liability to you or anyone else in connection with the External Links or their contents on the Site. We have no control and take no responsibility for any External Links transmitted, posted, shared, or otherwise communicated through the Site.
Intellectual Property Infringement
Copyright Claims
We respect the intellectual property rights of others and strictly follow applicable laws including the Digital Millennium Copyright Act (the "DMCA"). Each User represents and warrants to us that all content shared through the Services is the User's own content or content that such User has the permission to use and share. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your notice of claimed infringement to:
Jason A. Fischer
Fischer Law, P.L.
2 South Biscayne Blvd., Suite 2600
Miami, Florida 33131
dmca[at]fischerlawpl[dot]com
Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys' fees).
Notification and Take Down Procedures
Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Services and a notice will be sent to the responsible party. Such party will then have the opportunity to submit a counter-notification, detailed below, in compliance with the DMCA. Upon receipt of a counter-notification the applicable party will be permitted to re-upload the subject content and a copy of the counter-notification will be sent to the original party claiming infringement. We follow the "notification and takedown" procedure described herein. If a non-DMCA compliant notice is received, we reserve the right to remove the content and inform the responsible party; further, we reserve the right, but do not undertake the obligation, to communicate with the original complainant any response received from the responsible party. We have an internal repeat infringer policy and will terminate the account of anyone on the Site who violates such policy.
DMCA Counter-Notification Procedure
Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible party of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the responsible party believes that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, he/she/it shall have the opportunity to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. The information that a recipient provides in a counter-notification must be accurate and truthful, and the recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the content.
To submit a counter-notification, please provide our designated DMCA agent the following information:
1. A specific description of the material that was removed or disabled pursuant to the notice.
2. A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.
3. A statement reflecting the recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
  "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the Site provider as a result of mistake or misidentification of the material to be removed or disabled." loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement.
The foregoing may be sent by mail, overnight courier, or fax to our DMCA agent using the following contact information:
Jason A. Fischer
Fischer Law, P.L.
2 South Biscayne Blvd., Suite 2600
Miami, Florida 33131
dmca[at]fischerlawpl[dot]com

PLEASE DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.
Trademark Claims
If you believe that your trademark rights or other intellectual property rights have been otherwise violated, please contact us at
Jason A. Fischer
Fischer Law, P.L.
2 South Biscayne Blvd., Suite 2600
Miami, Florida 33131
dmca[at]fischerlawpl[dot]com
Term and Termination
The term of this Agreement will begin upon your acceptance of these Terms of Service and will continue in effect until terminated. We may, in our sole discretion, terminate your access to all or part of the Site at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event we determine to cease operating the Site. You agree that if your account is terminated, you will not attempt to re-register for another account on the Site without our express prior written consent.
All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, binding arbitration and choices of law and forum, and intellectual property protections).
Changes to Services and Agreement
We reserve the right to modify, suspend, or discontinue the Services or any part of the Services at any time, in our sole discretion. We reserve the right to make changes to this Agreement, from time to time. Your continued use of the Services after a change to this Agreement constitutes your acceptance of the changes to this Agreement. If you do not agree to be bound by this Agreement, as modified, you must terminate your use of the Services immediately. It is your responsibility to review, from time to time, the most current version of this Agreement so that you will be apprised of any such changes.
DISCLAIMER OF WARRANTY
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE CONTENT PROVIDED ON THE SITE OR THE IN ANY WAY. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE SITE AND ANY MATERIALS, DATA OR INFORMATION CONTAINED ON THE SITE, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE OR OUR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED ON THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER "VIRUSES", "WORMS", "BUGS", DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF ONE OF OUR AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF $100 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You hereby agree to indemnify, hold harmless, and defend us and our associates from and against all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorney’s fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your use of the Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims, demands, proceedings, lawsuits, actions, or causes of actions which are brought against us and in no event shall you settle any such claim without our express prior written approval.
Release
We provide a service and would be unable to function if we were held responsible for the actions or inactions of our visitors or other Users of the Services we provide. Therefore, as inducement for us permitting you access to use the Services, you hereby agree to release us, our affiliates and subsidiaries, and each of its and their respective directors, officers, employees, and agents from all damages (whether direct, indirect, consequential, incidental, or other damages), losses, liabilities, costs and expenses of every kind and nature, known or unknown, arising out of or connected with disputes between you and third parties in connection with the Services.
Binding Arbitration and Choice of Law
You and Tikichat agree that any dispute, claim, or controversy arising out of or related to this Agreement, Site, Services, or our Privacy Policy shall be settled by final and binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"), rather than in a court of law. You agree that you are knowingly and voluntarily giving up your right to a trial and have your dispute heard by a judge or jury in a court of law. Any such dispute, claim, or controversy shall be arbitrated on an individual basis and shall not be joined or consolidated with a claim of any other party or class. You agree that the arbitrator’s decision shall be controlled by this Agreement and any other agreement that you have with us. You agree that the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be administered by the AAA, pursuant to the rules of the AAA. For more information on the rules, procedures, and fees of the AAA, please visit their website at www.adr.org. The foregoing shall not preclude you or Tikichat from seeking any injunctive or other equitable relief in State or Federal court for protection of intellectual property rights.
This Agreement, including binding arbitration, will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof. If any dispute, controversy, or claim cannot be resolved in binding arbitration between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Miami-Dade County, Florida, and the Federal Courts in and for the Southern District of Florida, and the parties hereby submit that exclusive venue shall lie with such courts, and the parties hereby agree to submit to the jurisdiction and venue of such courts.
Entire Agreement
This Agreement sets forth the entire agreement between Tikichat and you regarding the use of the Services. You agree that there are no other representations or obligations regarding your use of the Services, other than those reflected in this Agreement and that you are not relying on any other representations regarding your use of the Services, other than those reflected in this Agreement.
Severability
If any provision of this Agreement is held illegal or unenforceable in any proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain in full force and effect.
Force Majeure
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, government actions, lockout or interruption or failure of electricity of network service, pandemic, or other cause beyond the reasonable control of the parties.
Consent to Data Usage
By using the Site or Services, you agree that you have read our Privacy Policy, that you understand our Privacy Policy, and that you consent to the collection, use, and disclosure of certain personal information under the terms of our Privacy Policy.