Legal

Last updated: January 2021

Welcome to Frenzy (the “Platform”). The Platform is provided and controlled by Ticklehawk Inc. (“Frenzy”, “we” or “us”). We are committed to protecting and respecting your privacy. The privacy of users under the age of 13 is important to us. The Platform is not directed at children under the age of 13. For information about the privacy of users under the age of 13, please refer to section ‘7. Children’ in our Privacy Policy. 

Capitalized terms that are not defined in this policy have the meaning given to them in the Terms of Use.

• What information do we collect?

We collect information when you create an account and use the Platform. We also collect information you share with us from third-party social network providers, and technical and behavioral information about your use of the Platform. We also collect information contained in the messages you send through our Platform. More information about the categories and sources of information is provided below.

Information you choose to provide

For certain activities, such as when you register, upload content to the Platform, or contact us directly, you may provide some or all of the following information:

• Registration information, such as age, username and password, language, and email or phone number;
• Profile information, such as name, social media account information, and profile image;
• User-generated content, including comments, photographs, videos, and virtual item videos that you choose to upload or broadcast on the Platform (“User Content”);
• Payment information, such as PayPal or other third-party payment information (where required for the purpose of payment);
• Your opt-in choices and communication preferences;
• Information to verify an account;
• Information in correspondence you send to us; or
• Information you share through surveys or your participation in challenges, sweepstakes, or contests such as your gender, age, likeness, and preferences.

Information we obtain from other sources

We may receive the information described in this Privacy Policy from other sources, such as:

Social Media. If you choose to link or sign up using your social network (such as Facebook, Twitter, Instagram, or Google), we may collect information from these social media services, including your contact lists for these services and information relating to your use of the Platform in relation to these services.

Third-Party Services. We may collect information about you from third-party services, such as advertising partners and analytics providers.

Others Users of the Platform. Sometimes other users of the Platform may provide us information about you, including through customer service inquiries.

Other Sources. We may collect information about you from other publicly available sources.

Information we collect automatically

We automatically collect certain information from you when you use the Platform, including internet or other network activity information such as your IP address, geolocation-related data (as described below), unique device identifiers, browsing and search history (including content you have viewed in the Platform), and Cookies (as defined below).

Usage Information

We collect information regarding your use of the Platform and any other User Content that you generate through and broadcast on our Platform. 

Device Information

We may collect information about the device you use to access the Platform, including your IP address, unique device identifiers, model of your device, your mobile carrier, time zone setting, screen resolution, operating system, app and file names and types, keystroke patterns or rhythms, and platform.

Location data

We collect information about your location, including location information based on your SIM card and/or IP address. With your permission, we may also collect Global Positioning System (GPS) data.

Messages

We collect and process, which includes scanning and analyzing, information you provide in the context of composing, sending, or receiving message through the Platform’s messaging functionality. That information includes the content of the message and information about when the message has been sent, received and/or read, as well as the participants of the communication. Please be aware that messages sent to other users of the Platform will be accessible by those users and that we are not responsible for the manner in which those users use or disclose messages.

Metadata

When you upload User Content, you automatically upload certain metadata that is connected to the User Content. Metadata describes other data and provides information about your User Content that will not always be evident to the viewer. In connection with your User Content the metadata can describe how, when, and by whom the piece of User Content was collected and how that content is formatted. It also includes information, such as your account name, that enables other users to trace back the User Content to your user account. Additionally, metadata will consist of data that you chose to provide with your User Content, e.g. any hashtags used to mark keywords to the video and captions.

Cookies

We and our service providers and business partners use cookies and other similar technologies (e.g. web beacons, flash cookies, etc.) (“Cookies”) to automatically collect information, measure and analyze which web pages you click on and how your use the Platform, enhance your experience using the Platform, improve the Platform, and provide you with targeted advertising on the Platform and elsewhere across your different devices. Cookies are small files which, when placed on your device, enable the Platform to provide certain features and functionality. Web beacons are very small images or small pieces of data embedded in images, also known as “pixel tags” or “clear GIFs,” that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. To learn how to disable Cookies, see your “Your choices” section below.

Additionally, we allow these service providers and business partners to collect information about your online activities through Cookies. We and our service providers and business partners link your contact or subscriber information with your activity on our Platform across all your devices, using your email or other log-in or device information. Our service providers and business partners may use this information to display advertisements on our Platform and elsewhere online and across your devices tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these service providers and business partners, and the information practices of these service providers and business partners are not covered by this Privacy Policy.

We may aggregate or de-identify the information described above. Aggregated or de-identified data is not subject to this Privacy Policy.

• How we use your information

As explained below, we use your information to fulfill and enforce our Terms of Use, to improve and administer the Platform, and to allow you to use its functionalities. We may also use your information to, among other things, show you suggestions, promote the Platform, and customize your ad experience.

We generally use the information we collect:

• To fulfill requests for products, services, Platform functionality, support and information for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes and to solicit your feedback;
• To customize the content you see when you use the Platform. For example, we may provide you with services based on the country settings you have chosen or show you content that is similar to content that you like or interacted with;
• To send promotional materials from us or on behalf of our affiliates and trusted third-parties;
• To improve and develop our Platform and conduct product development;
• To measure and understand the effectiveness of the advertising we serve to you and others and to deliver targeted advertising;
• To make suggestions and provide a customized ad experience;
• To support the social functions of the Platform, including to permit you and other users to connect with each other through the Platform and for you and other users to share, download, and otherwise interact with User Content posted through the Platform;
• To use User Content as part of our advertising and marketing campaigns to promote the Platform;
• To understand how you use the Platform, including across your devices;
• To help us detect abuse, fraud, and illegal activity on the Platform;
• To ensure that you are old enough to use the Platform (as required by law);
• To communicate with you, including to notify you about changes in our services;
• To announce you as a winner of our contest, sweepstakes, or promotions if permitted by the promotion rule, and to send you any applicable prizes;
• To enforce our terms, conditions, and policies;
• Consistent with your permissions, to provide you with location-based services, such as advertising and other personalized content;
• To combine all the information we collect or receive about you for any of the foregoing purposes; or

• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

• How we share your information

We are committed to maintaining your trust, and while Frenzy does not sell personal information to third-parties, we want you to understand when and with whom we may share the information we collect for business purposes.

Service Providers and Business Partners

We share the categories of personal information listed above with service providers and business partners to help us perform business operations and for business purposes, including research, payment processing and transaction fulfillment, database maintenance, administering contests and special offers, technology services, deliveries, email deployment, advertising, analytics, measurement, data storage and hosting, disaster recovery, search engine optimization, marketing, and data processing. These service providers and business partners may include:

• Payment processors and transaction fulfillment providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically but who do not receive your message data.
• Customer and technical support providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically.
• Service providers, who host events you attend virtually or in person and who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically but would not receive your payment information unless you gave permission or were purchasing a product or service from that host.
• Cloud providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically.
• Advertising, marketing, and analytics vendors, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically but would not receive your payment information or message data.

Within Our Corporate Group

We may share all of the information we collect with a parent, subsidiary, or other affiliate of our corporate group.

In Connection with a Sale, Merger, or Other Business Transfer

We may share all of the information we collect in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sales, or in the unlikely event of bankruptcy.

For Legal Reasons

We may disclose any of the information we collect to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security to Ticklehawk Inc., the Platform, our affiliates, users, or the public. We may also share any of the information we collect to enforce any terms applicable to the Platform, to exercise or defend any legal claims, and comply with any applicable law. 

With Your Consent

We may share your information for other purposes pursuant to your consent or with your further direction.

If you access third-party services, such as Facebook, Google, or Twitter, to login to the Platform or to share information about your usage on the Platform with others, these third-party services may be able to collect information about you, including information about your activity on the Platform, and they may notify your connections on the third-party services about your use of the Platform, in accordance with their privacy policies.

If you choose to engage in public activities on the Platform, you should be aware that any information you share may be read, collected, or used by other users. You should use caution in disclosing personal information while engaging. We are not responsible for the information you choose to submit.

• Your Rights

You may submit a request to access or delete the information we have collected about you by sending your request to us at the email or physical address provided in the Contact section at the bottom of this policy. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise choices on your behalf, please provide evidence that you have given such agent power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. We will respond to your request consistent with applicable law and subject to proper verification. We will verify your request by asking you to send it from the email address associated with your account or to provide information necessary to verify your account. And we do not discriminate based on the exercise of any privacy rights that you might have.

• Your Choices

• You may be able to refuse or disable Cookies by adjusting your browser settings. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. For example, due to differences in how browsers and mobile apps function, you may need to take different steps to disable Cookies used for targeted advertising in a browser and to disable targeted advertising for a mobile application, which you may control through your device settings or mobile app permissions. In addition, our choice to disable cookies is specific to the particular browser or device that you are using when you disable cookies, so you may need to separately disable cookies for each type of browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Platform may no longer be available to you. Without this information, we are not able to provide you with all the requested services, and any differences in services are related to your information.
• Your mobile device may include a feature that allows you to opt out of some types of targeted advertising (“Limit Ad Tracking” on iOS and “Opt out of Interest-Based Ads” on Android).
• You can opt out of marketing or advertising emails by utilizing the “unsubscribe” link or mechanism noted in marketing or advertising emails.
• You can switch off GPS location information functionality on your mobile device if you do not wish to share GPS information.
• If you have registered for an account you may access, review, and update certain personal information that you have provided to us by logging into your account and using available features and functionalities.
• Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

• Security

We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third-parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

• Children

The privacy of users under the age of 13 is important to us. The Platform is not directed at children under the age of 13. If we become aware that personal information has been collected on the Platform from a person under the age of 13 we will delete this information and terminate the person’s account. If you believe that we have collected information from a child under the age of 13 on the Platform, contact us at legal@ticklehawk.com.

• Other Rights

Sharing for Direct Marketing Purposes (Shine the Light)

If you are a California resident, once a calendar year, you may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To submit a request, contact us at legal@ticklehawk.com.

Content Removal for Users Under 18

Users of the Platform who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at legal@ticklehawk.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the user Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third-party.

• Changes

We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will notify you by updating the “Last updated” date at the top of this policy and posting the new Privacy Policy and providing any other notice required by applicable law. We recommend that you review the Privacy Policy each time you visit the Platform to stay informed of our privacy practices.

• Contact

Questions, comments and requests regarding this policy should be addressed to:

• Mailing Address: Ticklehawk Inc., Attn: Frenzy Legal Department 8425 SE 39th St., Mercer Island, WA 98040
• Contact us legal@ticklehawk.com 

Last updated: January 2021

1. Your Relationship With Us

Welcome to Frenzy (the “Platform”), which is provided by Ticklehawk Inc. in the United States (collectively such entities will be referred to as “Frenzy”, “we” or “us”).

You are reading the terms of use (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private and commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND FRENZY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND FRENZY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with Frenzy, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

You should print or save a copy of the Terms for your records.

3. Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

4. Your Account with Us

To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

It is important that you keep your account password confidential and that you do not disclose it to any third-party. If you know or suspect that any third-party knows your password or has accessed your account, you must notify us immediately at legal@ticklehawk.com.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services again, and would like your account deleted, contact us at legal@ticklehawk.com. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

5. Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

• access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;
• make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof
• market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
• use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
• use automated scripts to collect information from or otherwise interact with the Services;
• impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
• intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• use or attempt to use another’s account, service or system without authorization from Frenzy, or create a false identity on the Services;
• use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
• use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
• any private information of any third-party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
• any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
• any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
• any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
• any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
• any material that contains a threat of any kind, including threats of physical violence;
• any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
• any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
• material that, in the sole judgment of Frenzy, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Frenzy, the Services or its users to any harm or liability of any type.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

6. Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree to the terms of the Copyright Policy as follows:

Frenzy respects the intellectual property rights of others, and we expect you to do the same. Frenzy’s Terms and Community Guidelines do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.

Copyright

Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea (e.g., the specific way a video or music is expressed or created) but does not protect underlying ideas or facts.

Copyright Infringement

We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Frenzy’s policies. 

At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow use of copyrighted work under certain circumstances.

Removal of Content; Suspension or Termination of Account

Any user content that infringes other person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Frenzy site or app, or other violations of the Terms and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Frenzy’s site or app, or otherwise hosted by Frenzy. 

Copyright Infringement Notification

Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a copyright infringement report by titling the subject and sending an email to copyright@ticklehawk.com. 

We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.

Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws as may be applicable in other countries.

Copyright Infringement Counter-Notification

If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction. 

You may also provide us with a counter-notification via email at copyright@ticklehawk.com. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied. 

The counter-notification process will take time to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down in pursuant to the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries. Please note that we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms and Privacy Policy. The claimant may use this information to file a lawsuit against you.

If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Frenzy’s sole discretion. 

Trademark

A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.

Trademark Infringement

Trademark laws prohibit trademark infringement, which is generally the unauthorized use of a trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of the associated goods and/or services. 

At the same time, the use of another’s trademark for purposes of accurately referencing, lawfully commenting, criticizing, parodying, or reviewing the trademark owner’s products or services, or for purposes of comparing them to other products or services, where the mark is not used to designate the user’s own goods or services or those of a third-party, is generally not considered a violation of our policies. Likewise, it is generally permissible to make a fan page about a brand, even without the brand’s permission, provided that you do not claim to speak for or be associated with the brand or otherwise violate the brand’s intellectual property rights. 

Removal of Content; Suspension or Termination of Account

Any content that violates another’s trademark rights may be taken down. Repeat violations of trademark rights in connection with the use of the Frenzy site or app, or other violations of the Terms and Community Guidelines may result in the suspension or termination of the user account. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Frenzy’s site or app, or otherwise hosted by Frenzy. 

Trademark Complaint and Notification

Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a trademark infringement report by titling the subject and sending an email to trademark@ticklehawk.com.

Failure to include necessary information may limit our ability to deal with your claims and may result in your complaint being denied. We may provide the account holder with your contact information, including the email address and the name of the trademark owner, and/or details of the complaint, in accordance with our Terms and Privacy Policy.

Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under laws as may be applicable in some countries.

Trademark Infringement Counter-Notification

If you receive a trademark infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the trademark owner directly to request a retraction. 

You may also provide us with a counter-notification via email by titling the subject to trademark@ticklehawk.com. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied. 

Note:

As a Frenzy user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.

If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that Frenzy is not in a position to adjudicate disputes between third-parties and may not be able to remove the content or suspend the account you reported. As an alternative, you may want to contact the person who posted the content or owns the account to try to resolve your issue directly.

7. Content

Frenzy Content

As between you and Frenzy, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Frenzy Content”), are either owned or licensed by Frenzy, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Frenzy Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third-party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).

Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Frenzy Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Frenzy reserves all rights not expressly granted herein in the Services and the Frenzy Content. You acknowledge and agree that Frenzy may terminate this license at any time for any reason or no reason.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

We make no representations, warranties or guarantees, whether express or implied, that any Frenzy Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third-parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).

User-Generated Content

Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, and other elements provided by Frenzy (“Frenzy Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Frenzy Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.

Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third-party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes Frenzy Elements, on sites or platforms hosted by third-parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.

If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services

You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.

For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third-party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.

Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third-party for User Content posted or used on such third-party service via the Services.

Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.

We also have the right to disclose your identity to any third-party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We, or authorized third-parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third-parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.

We accept no liability in respect of any content submitted by users and published by us or by authorized third-parties.

If you wish to file a complaint about information or materials uploaded by other users, contact us at complaint@ticklehawk.com.

Frenzy takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Fenzy’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

Frenzy has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

8. Indemnity

You agree to defend, indemnify, and hold harmless Frenzy, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

9. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE

10. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

• (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
• (II) ANY LOSS OF GOODWILL;
• (III) ANY LOSS OF OPPORTUNITY;
• (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR
• (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO FRENZY WITHIN THE LAST 12 MONTHS.

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
• ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
• YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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.

11. Other Terms

Entire Agreement. These Terms constitute the whole legal agreement between you and Frenzy and govern your use of the Services and completely replace any prior agreements between you and Frenzy in relation to the Services.

Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.

No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

Arbitration and Class Action Waiver. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

Informal Process First. You agree that in the event of any dispute between you and Frenzy, you will first contact Frenzy and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Frenzy’s services and/or products, including the Services, or relating in any way to the communications between you and Frenzy or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Frenzy. However, this arbitration agreement does not (a) govern any Claim by Frenzy for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Frenzy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

Ticklehawk Inc. 8425 SE 39th St., Mercer Island, WA 98040

Email Address legal@ticklehawk.com 

The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $1,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

If you do not want to arbitrate disputes with Frenzy and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@ticklehawk.com within thirty (30) days of the first of the date you access or use the Services.

Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Frenzy each waive any right to a jury trial.

If a counter-notice is received by Frenzy’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at Frenzy’s sole discretion.

Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at legal@ticklehawk.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.

Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Frenzy hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

U.S. Government Restricted Rights. The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

12. App Stores

To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:

Notice regarding Apple

By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

• These Terms between Frenzy and you; Apple is not a party to these Terms.
• The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
• Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
• In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
• Apple is not responsible for addressing any claims by you or a third-party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Platform or your possession and use of the Platform infringes such third-party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
• Frenzy expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.

Google Play

By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

• to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
• you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Frenzy or you (or any other user) under these Terms or the Google Play Terms.

13. Contact Us

You can reach us at feedback@ticklehawk.com or write us at Ticklehawk Inc. 3040 78th Ave SE #1211
Mercer Island, WA 98040

Last updated: January 2021

As Frenzy grows, we are committed to maintaining a supportive environment for our community. Our Community Guidelines define a set of norms and common code of conduct for Frenzy; they provide guidance on what is and is not allowed to make a welcoming space for everyone.

At Frenzy, we prioritize safety, diversity, inclusion, and authenticity. We encourage creators to celebrate what makes them unique and viewers to engage in what inspires them; and we believe that a safe environment helps everyone express themselves openly. We deeply value the global nature of our community, and we strive to take into account the breadth of cultural norms where we operate. We also aim to cultivate an environment for genuine interactions by only allowing authentic content on Frenzy.

Our Community Guidelines apply to everyone and to everything on Frenzy. We proactively enforce them using a mix of technology and human moderation before content gets reported to us. We also encourage our community members to use the Report features on Frenzy or contact us at legal@ticklehawk.com to report any content they believe violates our Community Guidelines.

We will remove any content – including video, audio, livestream, images, comments, and text – that violates our Community Guidelines. Individuals are notified of our decisions and can appeal if they believe no violation has occurred. We will suspend or ban accounts and/or devices that are involved in severe or repeated violations; we will consider information available on other platforms and offline in these decisions. When warranted, we will report the accounts to relevant legal authorities.

Our algorithms are designed with trust and safety in mind. For some content – such as spam, videos under review, or videos that could be considered upsetting or depict things that may be shocking to a general audience – we may reduce discoverability, including by redirecting search results or limiting distribution in the For You feed.

We recognize that some content that would normally be removed per our Community Guidelines could be in the public interest. Therefore, we may allow exceptions under certain circumstances, such as educational, documentary, scientific, or artistic content, satirical content, content in fictional settings, counterspeech, and content in the public interest that is newsworthy or otherwise enables individual expression on topics of social importance.

In consultation with relevant stakeholders, we update our Community Guidelines from time to time to evolve alongside new behaviors and risks, as part of our commitment to keeping Frenzy a safe place for creativity and joy.

Violent extremism

We take a firm stance against enabling violence on or off Frenzy. We do not allow people to use our platform to threaten or incite violence, or to promote dangerous individuals or organizations. When there is a threat to public safety or an account is used to promote or glorify off-platform violence, we may suspend or ban the account. When warranted, we will report threats to relevant legal authorities. To effectively protect our community, we may consider information available on other platforms and offline to identify violent and extremist individuals and organizations on our platform. If we find such individuals or organizations on Frenzy, we will close their accounts.

Threats and incitement to violence

We consider incitement to violence as advocating for, directing, or encouraging other people to commit violence. We do not allow threats of violence or incitement to violence on our platform that may result in serious physical harm.

Do not post, upload, stream, or share:

• Statements of intent to inflict physical injuries on an individual or a group
• Statements or imagery that encourage others to commit or that advocate for physical violence
• Conditional or aspirational statements that encourage other people to commit violence
• Calls to bring weapons to a location with the intent to intimidate or threaten an individual or group with violence
• Instructions on how to make or use weapons with an intent to incite violence

Dangerous individuals and organizations

We do not allow individuals or organizations on our platform who promote or are engaged in violence. We remove such individuals and organizations, including mass murderers, serial killers and rapists, hate groups, criminal organizations, terrorist organizations, and other non-state armed groups that target civilians.

Terrorist organizations

Terrorists and terrorist organizations are non-state actors that threaten violence, use violence, and/or commit serious crimes (such as crimes against humanity) against civilian populations in pursuit of political, religious, ethnic, or ideological objectives.

Organized hate

Organized hate refers to those individuals and organizations who attack people based on protected characteristics, such as race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, or immigration status. We consider attacks to include actions that incite violence or hatred, dehumanize individuals or groups, or embrace a hateful ideology.

Criminal organizations

Criminal organizations are transnational, national, or local groups that have engaged in serious crimes, including violent crimes (e.g., homicide, rape, robbery, assault), trafficking (e.g., human, organ, drug, weapons), kidnapping, financial crimes (e.g., extortion, blackmail, fraud, money laundering), or cybercrime.

Do not post, upload, stream, or share:

• Content that praises, promotes, glorifies, or supports dangerous individuals and/or organizations
• Content that encourages participation in, or intends to recruit individuals to, dangerous organizations
• Content with names, symbols, logos, flags, slogans, uniforms, gestures, salutes, illustrations, portraits, songs, music, lyrics, or other objects meant to represent dangerous individuals and/or organizations

Hateful behavior

Frenzy is a diverse and inclusive community that has no tolerance for discrimination. We do not permit content that contains hate speech or involves hateful behavior, and we remove it from our platform. We suspend or ban accounts that engage in hate speech violations or which are associated with hate speech off the Frenzy platform.

Attacks on the basis of protected attributes

We define hate speech or behavior as content that attacks, threatens, incites violence against, or otherwise dehumanizes an individual or a group on the basis of the following protected attributes:

• Race 
• Ethnicity
• National origin 
• Religion
• Caste 
• Sexual orientation
• Sex
• Gender
• Gender identity
• Serious disease
• Disability
• Immigration status

Do not post, upload, stream, or share:

• Hateful content related to an individual or group, including:
  • claiming that they are physically, mentally, or morally inferior
  • calling for or justifying violence against them
  • claiming that they are criminals 
  • referring to them as animals, inanimate objects, or other non-human entities 
  • promoting or justifying exclusion, segregation, or discrimination against them
• Content that depicts harm inflicted upon an individual or a group on the basis of a protected attribute

Slurs

Slurs are defined as derogatory terms that are intended to disparage an ethnicity, race, or any other protected attributes listed above. To minimize the spread of egregiously offensive terms, we remove all slurs from our platform, unless the terms are reappropriated, used self-referentially (e.g., in a song), or do not disparage.

Do not post, upload, stream, or share: 

• Content that uses or includes slurs

Hateful ideology

Hateful ideologies are those that demonstrate clear hostility toward people because of their protected attributes. Hateful ideologies are incompatible with the inclusive and supportive community that our platform provides, and we remove content that promotes them. 

Do not post, upload, stream, or share: 

• Content that praises, promotes, glorifies, or supports any hateful ideology
• Content that contains names, symbols, logos, flags, slogans, uniforms, gestures, salutes, illustrations, portraits, songs, music, lyrics, or other objects related to a hateful ideology
• Content that denies well-documented and violent events have taken place affecting groups with protected attributes
• Claims of supremacy over a group of people with reference to other protected attributes
• Conspiracy theories used to justify hateful ideologies

Illegal activities and regulated goods

We work to ensure Frenzy does not enable activities that violate laws or regulations. We prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the depiction, promotion, or facilitation of criminal activities, including human exploitation. Content may be removed if it relates to activities or goods that are regulated or illegal in the majority of the region or world, even if the activities or goods in question are legal in the jurisdiction of posting.

Criminal activities

Criminal activities cover a wide spectrum of acts punishable by law, including theft, assault, human exploitation, counterfeiting, and other harmful behavior. To prevent such behavior from being normalized, imitated, or facilitated, we remove content that promotes or enables criminal activities.

Do not post, upload, stream, or share: 

• Content that depicts or promotes acts of physical harm, such as assault or kidnapping
• Content that risks the safety of others, including swatting
• Content that depicts or promotes human exploitation, including human smuggling, bonded labor, domestic servitude, sex trafficking, or prostitution
• Content that depicts or promotes the poaching or illegal trade of wildlife
• Content that offers the purchase, sale, trade, or solicitation of unlawfully acquired or counterfeit goods
• Content that provides instructions on how to conduct criminal activities

Weapons

We do not allow the depiction, promotion, or trade of firearms, ammunition, firearm accessories, or explosive weapons. We also prohibit instructions on how to manufacture those weapons. Content as part of a museum’s collection, carried by a police officer, in a military parade, or used in a safe and controlled environment such as a shooting range may be allowed.

Do not post, upload, stream, or share: 

• Content that displays firearms, firearm accessories, ammunition, or explosive weapons
• Content that offers the purchase, sale, trade, or solicitation of firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them 

Drugs, controlled substances, alcohol, and tobacco

We do not allow the depiction, promotion, or trade of drugs or other controlled substances. The trade of tobacco and alcohol products is also prohibited on the platform.

Do not post, upload, stream, or share: 

• Content that depicts or promotes drugs, drug consumption, or encourages others to make, use, or trade drugs or other controlled substances
• Content that offers the purchase, sale, trade, or solicitation of drugs or other controlled substances, alcohol or tobacco products (including vaping products)
• Content that provides information on how to buy illegal or controlled substances
• Content that depicts or promotes the making of illicit alcohol products
• Content that depicts or promotes the misuse of legal substances, or instruction on how to make homemade substances, in an effort to become intoxicated

Frauds and scams

We do not permit anyone to exploit our platform to take advantage of the trust of users and bring about financial or personal harm. We remove content that deceives people in order to gain an unlawful financial or personal advantage, including schemes to defraud individuals or steal assets.

Do not post, upload, stream, or share:

• Content that depicts or promotes phishing
• Content that depicts or promotes Ponzi, multi-level marketing, or pyramid schemes
• Content that depicts or promotes investment schemes with promise of high returns, fixed betting, or any other types of scams

Gambling

We do not allow content promoting gambling services, or that could be perceived as advertising for casinos, sports betting, or any other commercial gambling activity. 

Do not post, upload, stream, or share:

• Content that promotes casinos, sports betting, poker, lotteries, gambling-related software and apps, or other gambling services

Privacy, personal data, and personally identifiable information (PII)

We do not allow content that violates the confidentiality of personal data or personally identifiable information (e.g., social security information). We remove content that depicts personal data or personally identifiable information (PII) from the platform.

Do not post, upload, stream, or share:

• Content that contains personal data or personally identifiable information (PII)

Violent and graphic content

Frenzy is a platform that celebrates creativity but not shock-value or violence. We do not allow content that is gratuitously shocking, graphic, sadistic, or gruesome or that promotes, normalizes, or glorifies extreme violence or suffering on our platform. When there is a threat to public safety, we suspend or ban the account and, when warranted, we will report it to relevant legal authorities.

Do not post, upload, stream, or share:

• Content of humans that depicts:
  • violent or graphic deaths or accidents
  • dismembered, mutilated, charred, or burned human remains
  • gore in which an open wound or injury is the core focus
  • real-world physical violence, fighting, or torture
• Content of animals that depicts:
  • the slaughter or other non-natural death of animals
  • dismembered, mutilated, charred, or burned animal remains
  • animal cruelty and gore

Suicide, self-harm, and dangerous acts

We care deeply about the health and well-being of the individuals that make up our community. We do not allow content depicting, promoting, normalizing, or glorifying activities that could lead to suicide, self-harm, or eating disorders. We also do not permit users to share content depicting them partaking in, or encouraging others to partake in, dangerous activities that may lead to serious injury or death.

• However, we do support members of our community sharing their personal experiences with these issues in a safe way to raise awareness and find community support. We also encourage individuals who are struggling with thoughts of self-harm or suicide, or who know someone is seriously considering suicide, to immediately contact local emergency services or a suicide prevention such as the United States’ National Suicide Prevention Lifeline 1-800-273-8255 or Crisis Text Line 741-741. In the event that our intervention could help a user who may be at risk of harming themselves, the Frenzy team may also alert local emergency services.

Suicide

We remove content that displays suicide, suicidal ideation, or content that might encourage participation in other self-injurious behavior. We also remove content that depicts attempted suicide or content featuring a person engaging in behavior or intending to engage in behavior that is likely to lead to self-inflicted death. We prohibit any form of content that promotes, normalizes, or glorifies suicide, provides instructions for suicide, or posts that portray a suicide as heroic or honorable.

Do not post, upload, stream, or share:

• Content that provides instructions for suicide
• Content that depicts, promotes, normalizes, or glorifies suicide
• Suicide games, dares, pacts, or hoaxes

Self-harm and eating disorders

To avoid normalizing, encouraging, or triggering self-harm behavior, we do not allow imagery that depicts such behavior, regardless of the user’s intention of posting it. We remove content that may encourage or normalize acts that are likely to lead to physical self-inflicted injury. Content that promotes eating habits that are likely to cause adverse health outcomes is also not allowed on the platform.

Do not post, upload, stream, or share:

• Content that depicts, promotes, normalizes, or glorifies self-harm or eating disorders
• Content that provides instructions on how to engage in self-harm or eating disorders
• Self-harm or eating disorder games, dares, pacts, or hoaxes
• Content that depicts, promotes, normalizes, or glorifies eating disorders or other dangerous weight loss behaviors associated with eating disorders

Dangerous acts

We define risky activities or other dangerous behavior as acts conducted in a non-professional context or without the necessary skills and safety precautions that may lead to serious injury or death for the user or the public. We do not allow content that depicts, promotes, normalizes, or glorifies such behavior, including amateur stunts or dangerous challenges.

Do not post, upload, stream, or share:

• Content that shows the potentially inappropriate use of dangerous tools, vehicles, or objects
• Content that depicts or promotes ingesting substances that are not meant for consumption or could lead to severe harm
• Dangerous games, dares, or stunts that might lead to injury

Harassment and bullying

We believe in an inclusive community and individualized expression without fear of abuse. We do not tolerate members of our community being shamed, bullied, or harassed. Abusive content or behavior can cause severe psychological distress and will be removed from our platform. 

Abusive behavior

We remove all expressions of abuse, including threats or degrading statements intended to mock, humiliate, embarrass, intimidate, or hurt an individual. This prohibition extends to the use of Frenzy features. To enable expression about matters of public interest, critical comments of public figures may be allowed; however, serious abusive behavior against public figures is prohibited.

Do not post, upload, stream, or share:

• Content that insults another individual, or disparages an individual on the basis of attributes such as intellect, appearance, personality traits, or hygiene
• Content that encourages coordinated harassment
• Content that disparages victims of violent tragedies
• Content that uses Frenzy interactive features (e.g., duet) to degrade others
• Content that depicts willful harm or intimidation, such as cyberstalking or trolling
• Content that wishes death, serious disease, or other serious harm on an individual or public figure

Sexual harassment

Sexual harassment involves unwanted or inappropriate sexual behavior directed at another individual. We do not allow content, including comments or advances, that sexually harasses others, regardless of user’s intent, as such actions can cause great distress to targeted individuals.

Do not post, upload, stream, or share:

• Content that attempts to make unwanted sexual contact
• Content that simulates sexual activity with another user, either verbally, in text (including emojis), or through the use of any in-app features
• Content that disparages another person’s sexual activity
• Content that alters or morphs an image of another individual to portray or imply sexual suggestiveness or engagement in sexual activity
• Content that reveals, or threatens to reveal a person’s private sexual life, including threats to publicize digital content, sexual history, and names of previous sexual partners
• Content that exposes, or threatens to expose, a person’s sexual orientation without their consent or knowledge

Threats of hacking, doxxing, and blackmail

Threatening to hack or dox with an intent to harass or blackmail another individual can cause serious emotional distress and other offline harm. We define doxxing as the act of collecting and publishing personal data or personally identifiable information (PII) for malicious purposes. We consider these online behaviors as forms of abuse and do not allow them on our platform.

Do not post, upload, stream, or share: 

• Content that threatens to reveal personal data or personally identifiable information (PII), including residential address, private email address, private phone number, bank statement, social security number, or passport number
• Threats of blackmail or hacking another individual’s account
• Content that incites or encourages others to hack or reveal another person’s account, personal data, or personally identifiable information (PII)
• An individual’s account, personal data, or personally identifiable information for others to abuse, troll, or harass

Adult nudity and sexual activities

We strive to create a platform that feels welcoming and safe. We do not allow nudity, pornography, or sexually explicit content on our platform. We also prohibit content depicting or supporting non-consensual sexual acts, the sharing of non-consensual intimate imagery, and adult sexual solicitation.

Sexual exploitation

Sexual exploitation is defined as any actual or attempted abuse of a position of vulnerability, power, or trust for sexual purposes, including profiting monetarily, socially, or politically from the sexual exploitation of another. We do not permit sexually exploitative content.

Do not post, upload, stream, or share: 

• Content that depicts, solicits, promotes, normalizes, or glorifies non-consensual sexual acts or non-consensual touching, including rape and sexual assault
• Content that depicts, solicits, promotes, normalizes, or glorifies the sharing of non-consensual intimate imagery, including sexual images that are taken, created, or shared without consent
• Content that depicts, promotes, normalizes, or glorifies sexual violence
• Content that depicts, promotes, or glorifies sexual solicitation, including offering or asking for sexual partners, sexual chats or imagery, sexual services, premium sexual content, or sexcamming

Nudity and sexual activity involving adults

Nudity and sexual activity include content that is overtly revealing of breasts, genitals, anus, or buttocks, or behaviors that mimic, imply, or display sex acts. We do not allow depictions, including digitally created or manipulated content, of nudity or sexual activity. We are mindful of content that may be offensive or culturally inappropriate in certain regions or may not be suitable for users of all ages.

Do not post, upload, stream, or share: 

• Content that explicitly or implicitly depicts sexual activities including penetrative and non-penetrative sex, oral sex, or erotic kissing
• Content that depicts sexual arousal or sexual stimulation
• Content that depicts a sexual fetish 
• Content that depicts exposed human genitalia, female nipples or areola, pubic regions, or buttocks
• Content that contains sexually explicit language for sexual gratification

Minor safety

We are deeply committed to ensuring the safety of minors on our platform. We do not tolerate activities that perpetuate the abuse, harm, endangerment, or exploitation of minors on Frenzy. Any content, including animation or digitally created or manipulated media, that depicts abuse, exploitation, or nudity of minors is a violation on our platform and will be removed when detected. When warranted, we report violative content to the National Center for Missing & Exploited Children (NCMEC) and/or other relevant legal authorities. Frenzy considers a minor any person under the age of 18.

Users must meet the minimum age requirements to use Frenzy, as stipulated in our Terms of Use. When underage account holders are identified, we will remove those accounts. Our platform is designed with the safety of minors in mind and some of our features are age restricted. Account holders who are under the age of 16 cannot use direct messaging or host a livestream; the age thresholds may be higher in some regions. Account holders who are under the age of 18 cannot send or receive gifts via our virtual gifting features.

Sexual exploitation of minors 

Sexual exploitation of minors is defined as any abuse of a position of power or trust for sexual purposes, including profiting financially, socially, sexually, or politically from the exploitation of a minor. Child Sexual Abuse Material (CSAM) is defined as any visual depiction of sexually explicit nudity or conduct, whether captured by predatory adults, peers, or self-generated by minors. Frenzy will take action on any content or accounts involving sexual interactions and advances between an adult and a minor, or between minors with a significant age difference.

Do not post, upload, stream, or share:

• Content that shares, reshares, offers to trade or sell, or directs users off platform to obtain or distribute CSAM
• Content that engages with minors in a sexualized way, or otherwise sexualizes a minor (e.g., via product features like duets) 
• Content that depicts, solicits, glorifies, or encourages child abuse imagery including nudity, sexualized minors, or sexual activity with minors
• Content that depicts, promotes, normalizes, or glorifies pedophilia or the sexual assault of a minor
• Content that revictimizes or capitalizes on minor victims of abuse by third-party reshares or reenactments of assault or confessions

Grooming behavior

Grooming behaviors are those in which an adult builds an emotional relationship with a minor in order to gain the minor’s trust for the purposes of future or ongoing sexual contact, sexual abuse, trafficking, or other exploitation. These behaviors include: flattery, requests for contact on or off platform, requests for personal information, solicitation of minor sexual abuse material, sexual solicitations or comments, and gift-giving.

Do not post, upload, stream, or share:

• Grooming advances
• Content that depicts, promotes, normalizes, or glorifies grooming behaviors
• Content that solicits real-world sexual contact between a minor and an adult or between minors with a significant age difference 
• Content that displays or offers nudity to minors
• Any solicitation of nude imagery or sexual contact, through blackmail or other means of coercion

Nudity and sexual activity involving minors

Nudity and sexual activity involving minors include content that is overtly revealing of breasts, genitals, anus, or buttocks, or behaviors that mimic, imply, or display sex acts involving minors. We do not allow the depiction, including digitally created or manipulated content, of nudity or sexual activity.

Do not post, upload, stream, or share: 

• Content that depicts or implies minor sexual activities including penetrative and non-penetrative sex, oral sex, or intimate kissing
• Content that depicts sexual arousal or sexual stimulation involving a minor
• Content that depicts a sexual fetish involving a minor
• Content that depicts exposed human genitalia, female nipples or areola, pubic regions, or buttocks of a minor
• Content that contains sexually explicit language depicting or describing a minor
• Content depicting a minor that contains sexually explicit song lyrics
• Content with sexually explicit dancing of a minor, including twerking, breast shaking, pelvic thrusting, or fondling the groin or breasts of oneself or another 
• Content depicting a minor undressing
• Content depicting a minor in minimal clothing that is not situationally relevant to the location
• Sexualized comments, emojis, text, or other graphics used to veil or imply nudity or sexual activity of a minor

Harmful activities by minors

Harmful minor activities include the possession or consumption of substances prohibited for minors, the misuse of legal substances, engagement in illegal activities, participation in activities, physical challenges, or dares that may threaten the well-being of minors. We remove any such content from our platform.

Do not post, upload, stream, or share:

• Content that suggests, depicts, imitates, or promotes the possession or consumption of alcoholic beverages, tobacco, or drugs by a minor
• Content that offers instruction targeting minors on how to buy, sell, or trade alcohol, tobacco, or controlled substances
• Content that depicts or promotes activities that may jeopardize youth well-being, including physical challenges, dares, or stunts

Physical and psychological harm of minors

Behaviors that place minors at risk of physical or psychological harm include physical abuse, neglect, endangerment, and psychological disparagement. We remove any such content from our platform. 

Do not post, upload, stream, or share:

• Content that depicts or promotes physical abuse, neglect, endangerment, or psychological disparagement of minors
• Content that depicts or promotes survivalist techniques without a warning asserting the hazards of replication

Crimes against children

We do not allow users who have been convicted of crimes against children to have an account on our platform. These crimes include: sexual assault, molestation, murder, physical abuse or neglect, abduction, international parental kidnapping, trafficking, exploitation of minors for prostitution, live online sexual abuse of a minor, sexual exploitation of minors in the context of travel and tourism, attempts to obtain or distribute child sexual abuse material (CSAM), and the production, possession, or distribution of child sexual abuse material (CSAM). If we discover any such users, we ban the account. Any self-disclosed user information that states the account holder is a pedophile or minor sex offender will be taken at face value and the account may be deleted.

Integrity and authenticity

We believe that trust forms the foundation of our community. We do not allow activities that may undermine the integrity of our platform or the authenticity of our users. We remove content or accounts that involve spam or fake engagement, impersonation, misleading information that causes harm, or that violate any intellectual property rights.

Spam and fake engagement

Fake engagement includes any content or activity that seeks to artificially inflate popularity on the platform. We prohibit any attempts to manipulate the platform to increase interaction metrics. 

Do not:

• Share instructions on how to artificially increase views, likes, followers, shares, or comments
• Attempt to or engage in selling or buying views, likes, followers, shares, or comments
• Promote artificial traffic generation services
• Operate multiple Frenzy accounts under false or fraudulent pretenses to distribute commercial spam

Impersonation

We do not allow accounts that pose as another person or entity in a deceptive manner. When we confirm a report of impersonation, we will ask the user to revise the profile or suspend or ban the account. We do allow parody, commentary, or fan accounts, as long as the user indicates in the bio and username that it is fan, commentary, or parody and not affiliated with the subject of the account.

Do not: 

• Pose as another person or entity by using someone else’s name, biographical details, or profile picture in a misleading manner

Misinformation

Misinformation is defined as content that is inaccurate or false. While we encourage our community to have respectful conversations about subjects that matter to them, we do not permit misinformation that causes harm to individuals, our community, or the larger public regardless of intent.

Do not post, upload, stream, or share:

• Misinformation that incites hate or prejudice
• Misinformation related to emergencies that induces panic
• Medical misinformation that can cause harm to an individual’s physical health
• Content that misleads community members about elections or other civic processes 
• Conspiratorial content that attacks a specific protected group or includes a violent call to action, or denies a violent or tragic event occurred
• Digital Forgeries (Synthetic Media or Manipulated Media) that mislead users by distorting the truth of events and cause harm to the subject of the video, other persons, or society

Do not:

• Engage in coordinated inauthentic behaviors (such as the creation of accounts) to exert influence and sway public opinion while misleading individuals and our community about the account’s identity, location, or purpose

Intellectual property violations

Copyright is a legal right that protects original works of authorship (e.g., music, videos) and original expression of an idea (e.g., the specific way a video or music is expressed or created), although does not protect underlying ideas or facts. A trademark is a word, symbol, slogan, design that identifies and distinguishes the source of a product or service. We encourage everyone to create and share original content. Content that infringes someone else’s intellectual property rights is prohibited on our platform and will be removed if we become aware of it. The use of copyrighted work under certain circumstance, such as the fair use doctrine or other applicable laws, or the use of a trademark to reference, lawfully comment, criticize, parody, make a fan page, or review a product or service may not be considered a violation of our policies.

Do not post, upload, stream, or share:

• Content that violates or infringes someone else’s copyrights, trademarks, or other intellectual property rights

Platform security

Our policies prohibit any activities that undermine the security and reliability of the Frenzy service:

• Do not hack the Frenzy website, app, or associated networks, or bypass its measures to restrict user access
• Do not distribute files that contain viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or harmful
• Do not modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative products based on Frenzy, including any files, tables or documentation, nor attempt to regenerate any source code, algorithms, methods, or techniques embodied in Frenzy
• Do not use automated scripts to collect information from Frenzy

Thank you for being a part of our vibrant global community and working with us to maintain a welcoming space for all users. If you come across content or accounts that you believe may violate our Community Guidelines, please send an email to contact@ohheyfrenzy.com so we can review and take appropriate action.