Last Revision

The Terms of Service Agreement was last revised on June 7, 2009.

Terms of Service

Tiktala allows businesses, nonprofits, and professionals ("Subscribers") to engage with their contacts, and customers by providing a platform to Subscribers to publish and promote their marketing campaigns to users of the Site ("Users" or "Contacts" or "Customers" or "Members" or "Donors" or "Supporters") while simultaneously giving Users the transparency and interaction features they seek throughout the engagement process.

1. Your Acceptance.

Your use of www.tiktala.com and all other websites (the "Site") and products and services (the "Services") owned or operated by Tiktala, Inc., its affiliates, agents, or licensors (collectively "we," "us," or "Tiktala"), and the services provided through or in connection with the Site, are subject to this Terms of Service Agreement ("Agreement") and the current Tiktala Privacy Policy published at www.tiktala.com/privacy.

BY USING THE SITE, YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE PRIVACY POLICY, YOU DO NOT HAVE PERMISSION TO USE THE SITE OR SERVICES UNDER THIS AGREEMENT.

Tiktala may revise or amend this Agreement, at its sole discretion, at any time by posting changes on this web page, which immediately become effective upon posting. Each time you use the Site, you agree to be bound by the then current Agreement and Privacy Policy. If you do not agree to all of these conditions, then you must immediately stop using the Site. This Agreement applies to all visitors, users, and others who view the Site.

2. Links to Other Web Sites.

The Site may contain links to third-party web sites that are not controlled by Tiktala, including links provided by Users. Tiktala has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites. You expressly agree that we are not liable for any claims arising from your use of any third-party web site. Unless we expressly state otherwise, the fact that a link to a third-party web site is provided on the Site is not an endorsement or affiliation with respect to such web site or its owners or providers.

3. Information.

The Site may contain certain product information and data, recommendations, and opinions provided by Tiktala ("Information") and User-provided information, such as their name, telephone number, street address, age, text, messages, feedback, images, suggestions, icons, links to web sites, product information, information regarding bugs, other comments, or other content ("User Submissions"). All Information and User Submissions are provided by Tiktala "as is" and are intended solely as general information only and are not professional advice. Any use of the Information or User Submissions is at your sole risk. Tiktala shall not be liable in any way for the accuracy, completeness, or timeliness of the Information or User Submissions, or for any decision made or action taken by you relying upon the Information or User Submissions.

4. Use of the Site.

Tiktala hereby grants you permission to use the Site solely as set forth in this Agreement provided that you comply with the Agreement. We reserve the right to terminate this Agreement with or without notice for any or no reason, or for your violation of any provision of the Agreement and to modify or discontinue, temporarily or permanently, all or any portion of the Site or services at any time without liability to Tiktala.

You agree not to use, copy, modify, reformat, create derivative works, publicly display, download, store, transmit, provide links to, post, or distribute any content on the Site, including without limitation, text, scripts, graphics, software, data, Information, photos, images, and the like ("Content") or use any Content for commercial purposes without obtaining prior written consent from Tiktala. Only in accordance with the foregoing, you may download Content displayed on the Site; however, you must maintain all copyright and other proprietary notices contained on the Content.

To access some features of the Site, you may have to register on the Site. You may never use another User's registration or password without permission. When registering, you must provide accurate and complete information. You are solely responsible for all activity that occurs under your account username and password (whether or not such activity is authorized by you), and you must keep your password secure.

You may not use the Site in any manner that is illegal or harmful to the Site. Specifically, without limitation, you must not:

  • Use the Site through unauthorized interfaces or protocols;
  • Submit, upload, post, email, transmit or otherwise make available ("post") material that infringes the rights of others (including but not limited to any intellectual property rights) or is illegal, harmful, abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, abusive, inaccurate, hateful, sexually oriented, defamatory, invasive of personal privacy, harassing, threatening, violative of any law, regulation or order, or otherwise objectionable;
  • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Content (accept as applicable law expressly permits);
  • Remove, obscure or alter any notices or indications of any Intellectual Property rights;
  • Interfere with, attempt to interfere with, or compromise the system integrity or security, or decipher any transmissions to or from the Site servers;
  • Take any action that imposes an unreasonable or large load on our infrastructure;
  • Post any solicitations, advertisements, chain letters, pyramid schemes, spyware, or spam;
  • Post invalid data, viruses, worms, or other harmful software to the Site;
  • Post any User Submission that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any other person, or that may create a risk of any other loss or damage to any person or property;
  • Collect or harvest any personally identifiable information, including account names, from the Site, or use the services provided by the Site for any commercial solicitation purposes;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site, unless expressly permitted by us;
  • Send out unwanted emails (spam) to persons who have not given your group or campaign permission to contact them.
  • Interfere or attempt to interfere with the proper working of the Site or use the Site in a way that disables it or prevents or inhibits anyone from using it; or Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.

5. Intellectual Property Rights.

Tiktala or its licensors have exclusive proprietary rights to its Information or Content that is provided on this Site. Any of Tiktala's trademarks, service marks, trade names, icons, logos, patents, trade secrets and copyrights that are provided or embodied on the Site ("Intellectual Property") are the exclusive property of Tiktala or its licensors. Tiktala retains all rights in its Information, Content and Intellectual Property that are not expressly granted in this Agreement. Tiktala's Information, Content and Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Tiktala.

6. User Submissions.

The Site may permit Users to submit, upload, post, email, transmit or otherwise make available User Submissions (for example, when users post a comment or create a profile or post information on our forums, blogs, on-line bulletin boards, or User community) and may permit the hosting, sharing, and/or republishing of such User Submissions. You understand that Tiktala does not guarantee any confidentiality with respect to any User Submissions.

We reserve the right, but do not have the obligation, to review User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Tiktala reserves the right to remove any User Submissions from the Site upon request of a User, for any reason, or for no reason. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses and rights to use, display, and authorize Tiktala to use and display your User Submissions.

By submitting the User Submissions to Tiktala, you hereby grant Tiktala and its Users a non-exclusive, royalty-free, irrevocable, sublicenseable, and fully transferable license to use, reproduce, distribute, prepare derivative works of, publicly display and publicly perform the User Submissions in connection with the Site. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Tiktala for any claim regarding Tiktala's use of your User Submissions. You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree that the User, not Tiktala, shall be liable for any damages you allege to incur as a result of such User Submissions and agree to indemnify and hold Tiktala, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

7. Warranty Disclaimer.

The CONTENT provided BY TIKTALA through the Site is provided "AS IS" and "AS AVAILABLE." YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, fitness for particular purposes and non-infringement. TIKTALA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ACCESSIBILITY, AVAILABILITY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR ITS CONTENT, USER SUBMISSIONS, OR ANY WEB SITES LINKED TO THIS SITE. TIKTALA provides no guarantee against the possibility of deletion, LOSS, mis-delivery or failure to store communications, personalized settings, or other data. TIKTALA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER SUBMISSION, AND TIKTALA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING USER SUBMISSIONS OR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

8. Limitation of Liability.

IN NO EVENT SHALL TIKTALA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VI) USER SUBMISSIONS OR THE HARMFUL OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIKTALA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9. Transactions.

Tiktala offers you a way to make payments or donations to a group listed on the Site through a merchant services account owned by the group (e.g.: Paypal or Google Checkout). Tiktala provides the software technology to facilitate this transaction and does not participate in the transfer of funds. By clicking the Submit Payment button when making a transaction, you agree to the Terms of this Agreement, including without limitation this Section 9. You agree that your transaction is non-refundable and cannot be cancelled or returned once it has been completed. You are responsible for paying all transactions made through the Site. You understand that your transfer may or may not be a transfer to an organization recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code. Tiktala will provide you information, regarding the tax status of the organization, if such information is provided to Tiktala by the subscribing organization. Tiktala may verify the tax-exempt status of a Section 501(c)(3) organization through Publication 78 of the Internal Revenue Service or through Guidestar.org. However, Tiktala is not responsible for any errors or omissions in the information provided by the Subscriber organization, the IRS, or Guidestar.org. If your transfer is to a tax-exempt organization, your contribution will be tax-deductible to the extent permitted by law. You understand that Tiktala is not responsible for providing tax advice to you, and you are encouraged to consult your own tax advisor for guidance on the tax consequences of any transfer of funds made through the Site.

10. Subscribers.

Tiktala currently charges Subscribers a fee for their use of the management platform and the Services. Tiktala reserves the right to change the subscription fee method at any time, subject to the Subscriber ASP Agreement then in place between Tiktala and the Subscriber.

11. Indemnity.

You agree to indemnify and hold Tiktala and its affiliates, agents, directors, officers, employees, and licensors harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (iv) any claim regarding your User Submissions. This indemnification obligation will survive termination of this Agreement and discontinuance of your use of the Site.

12. Additional Representations and Warranties.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing it. In connection with User Submissions, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: You are at least 18 years of age, and that if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

You have the written consent of each and every identifiable natural person in the User Submission to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. Your User Submission and Tiktala's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

13. Assignment.

This Agreement and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by Tiktala without restriction, including without limitation, in the event that Tiktala, Inc., forms a partnership with, is merged with, is acquired by another company or goes into bankruptcy.

14. Term and Termination.

Your permission to access the Site under this Agreement will immediately terminate if you violate with any term of this Agreement. You agree that Tiktala, in its sole discretion and with or without notice, may terminate this Agreement or your access to any or all of the Site. Your obligations shall survive termination of this Agreement.

15. Governing Law.

You agree that this Agreement shall be governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflict of law or your actual state or country of residence. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Santa Clara, California.

16. Entire Agreement / Severability.

This Agreement shall constitute the entire agreement between you and Tiktala concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

17. No Waiver.

No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and Tiktala's failure to assert any right under this Agreement shall not constitute a waiver of such right.