Turnip Media Private Limited ("TMPL"), primarily operates, controls and manages the Services (as defined below) provided by it from its registered office at H-1203, Purva Skywood Apartments, Silver County Road, Off Harlur Road, Bangalore – 560068 (“Registered Office”).
A. Acceptance of Terms
YOU SPECIFICALLY AGREE THAT BY USING TURNIP, YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT OR IN THE ALTERNATIVE, YOUR LEGAL GUARDIAN HAS AGREED TO ENTER INTO THIS CONTRACT ON YOUR BEHALF AND YOUR USAGE OF TURNIP IS UNDER SUPERVISION OF SUCH LEGAL GUARDIAN.
B. Membership and Accessibility
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of Turnip is available only to individuals who are (i) at least 18 years old and can form legally binding contracts under applicable law, or in the alternative (ii) under 18 years of age, but their legal guardians have agreed to enter into contract on their behalf and your usage of Turnip is under the supervision of such legal guardian. You represent, acknowledge and agree that you are at least 18 years of age or your legal guardian has entered into contract on your behalf, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of Turnip and Services offered through Turnip do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with TMPL to simply visit and view Turnip as a Viewer, but to access and participate in certain features of Turnip, you will need to create an account ("Account"). To create an account, you must link either your YouTube account or Facebook account or both and respective log-in credentials (your "Third-Party Site Password"). You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to TMPL in providing you with a more customized experience when using Turnip.
You are solely responsible for safeguarding your Third-Party Site Password ("Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify TMPL immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without TMPL’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of Turnip and/or the Services offered through Turnip.
You hereby expressly acknowledge and agree that you yourself and not TMPL will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of TMPL or others due to such unauthorized use.
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
You will not copy or distribute any part of Turnip in any medium without TMPL's prior written authorization.
You will not alter or modify any part of Turnip other than as may be reasonably necessary to use Turnip for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access Turnip for any purpose without TMPL's prior written approval.
You shall not in any manual or automated manner collect Streamers or Viewers information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Turnip information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
You shall not in any way that transmits more request messages to Turnip servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Turnip reserves the right to revoke these exceptions either generally or in specific cases.
You shall not recruit, solicit, or contact in any form Streamers or Viewers for employment or contracting for a business not affiliated with TMPL without express written permission from TMPL.
You shall not take any action that (i) unreasonably encumbers or, in TMPL's sole discretion, may unreasonably encumber the Turnip's infrastructure; (ii) interferes or attempts to interfere with the proper working of Turnip or any third-party participation in Turnip; or (iii) bypasses TMPL's measures that are used to prevent or restrict access to Turnip.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from Turnip, nor to use the communication systems provided by Turnip for any commercial solicitation purposes.
3. ADDITIONAL POLICIES
4. YOUTUBE API
C. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
The Streamer shall use the Services available on Turnip in order to stream content subject to the following. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, software, or live stream incorporating all or some of the foregoing, to any part of Turnip, or the posting of any opinions or reviews in connection with Turnip, the Services, the Streamers, or the Viewers (all of the foregoing content is collectively referred to herein as "Submitted Content" and the posting of Submitted Content is referred to as a "Posting" or as "Postings") that:
invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage TMPL or any third party;
is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant TMPL all of the license rights granted herein;
contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a TMPL employee, agent, manager, host, another user, or any other person though any means;
advertises or solicits a business not related to or appropriate for Turnip (as determined by TMPL in its sole discretion);
contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
distributes or contains viruses or any other technologies that may harm TMPL, or the interests or property of Turnip users;
contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of TMPL.
2. NO DISCRIMINATION
Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. TMPL will not knowingly accept any Posting which is in violation of the law. TMPL has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
While using Turnip, you shall not:
post content or items in any inappropriate category or areas on Turnip;
circumvent or manipulate the fee structure, the billing process, or fees owed to TMPL, if any;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Turnip user);
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of Turnip or using it for purposes unrelated to Turnip).
As a participant in Turnip, you agree to use careful, prudent, and good judgment when leaving Feedback for another user, if applicable. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user; and (b) leaving Feedback in order to make the Streamer or Viewer appear better than he or she actually is or was.
(i) Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, TMPL, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
(ii) Reporting Inappropriate Use of Feedback. You may contact TMPL regarding any inappropriate use of Feedback via-email at [●].
(iii) Resolving Disputes in Connection with Feedback. In the event of any dispute between users of Turnip concerning Feedback, TMPL shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE TURNIP CONCERNING FEEDBACK, TMPL HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. TMPL reserves the right to (a) terminate your access to your Account, your ability to post to Turnip (or use Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that TMPL determines is inappropriate or disruptive to Turnip or to any other user of Turnip and/or Services. TMPL may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at TMPL's discretion, TMPL will cooperate with law enforcement agencies in any investigation of alleged illegal activity on Turnip or on the Internet. TMPL does not and cannot review every Posting posted to Turnip. These prohibitions do not require TMPL to monitor, police or remove any Postings or other information submitted by you or any other user.
D. Rules for Streamers
(a) post Submitted Content in a category that is inappropriate;
(b) include brand names or other inappropriate keywords in their Postings;
(c) use misleading titles that do not accurately describe the Submitted Content;
(d) include any information in their Profile / Handle that is fraudulent.
(e) offer a catalog or a link to a third-party website from which Viewers may obtain the Submitted Content directly;
(f) charge fees for the Submitted Content from the Viewers;
(g) use their Postings to promote services not offered on or through Turnip and/or prohibited services;
(h) solicit Viewers to mail cash or use other payment methods not specifically permitted by TMPL as approved payment methods;
(i) include links that do not conform to TMPL’s policies with respect to third-party links;
(j) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;
(k) use profanity in any Posting;
(l) include third-party endorsements in a Posting.
In case we realize that any Streamer is involved in any of the above activities, TMPL holds the sole discretion to (i) blacklist the Streamer and withhold any outstanding credits or payments to the Streamer or (ii) cancel the Posting, or (iii) limit Streamer’s Account privileges; or (iv) suspend the Account; or (v) decrease the Streamer's status earned via the Feedback page.
E. Rules for Viewers
(a) post Submitted Content in a category that is inappropriate;
(b) include brand names or other inappropriate keywords in their Postings;
(c) use misleading titles that do not accurately describe the Submitted Content;
(d) use their Postings to promote services not offered on or through Turnip and/or prohibited services;
(e) include links that do not conform to TMPL’s policies with respect to third-party links;
(f) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;
(g) use profanity in any Posting;
(h) include third-party endorsements in a Posting.
In case we realize that any Viewer is involved in any of the above activities, TMPL holds the sole discretion to (i) blacklist the Viewer or (ii) cancel the Posting, or (iii) limit Viewer’s Account privileges; or (iv) suspend the Account.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
Turnip does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by users who have access to Turnip is provided on a non-proprietary and non-confidential basis. You agree that TMPL shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. Such Submitted Content may also be disseminated to YouTube and Facebook.
TMPL may also disclose user information including personal information if TMPL reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate TMPL’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO TMPL
You acknowledge and understand that the technical processing and transmission of Turnip, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from Turnip at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4. TMPL’S DISCLAIMERS AND RIGHT TO REMOVE
2. You acknowledge and understand that when using Turnip, you will be exposed to Submitted Content from a variety of sources, and that TMPL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TMPL with respect thereto, and agree to indemnify and hold TMPL, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Turnip.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through Turnip, or transmit to other Turnip users. You understand and agree that TMPL may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Turnip users or others.
G. Copyright Infringement Take Down Procedure
TMPL has high regard for intellectual property and expects the same level of standard to be employed by its users. TMPL may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to Turnip of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on Turnip in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [●]:
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at Turnip, and information reasonably sufficient to permit TMPL to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit TMPL to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
H. Modifications to or Termination of Turnip
1. MODIFICATION OR CESSATION OF TURNIP
TMPL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Turnip (or any part thereof) with or without notice and in its sole discretion. You agree that TMPL shall not be liable to you or to any third party for any modification, suspension or discontinuance of TMPL services.
2. TERMINATION BY TMPL
3. TERMINATION BY YOU
4. EFFECT OF TERMINATION
Unless TMPL has previously cancelled or terminated your use of Turnip (in which case subsequent notice by TMPL shall not be required), if you provided a valid email address during registration, TMPL will notify you via email of any such termination or cancellation, which shall be effective immediately upon TMPL's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of TMPL Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that TMPL shall not be liable to you or any third party for any termination of your access to Turnip. Upon Termination of Service, TMPL retains the right to use any data collected from your use of Turnip for internal analysis and archival purposes, and all related licenses you have granted TMPL hereunder shall remain in effect for the foregoing purpose. In no event is TMPL obligated to return any Submitted Content to you.
You agree to indemnify and hold TMPL, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
I. Intellectual Property Rights
1. TMPL OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON TURNIP
The content on Turnip (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by TMPL. Other trademarks, names and logos on Turnip are the property of their respective owners.
Data on Turnip is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TMPL reserves all rights not expressly granted in and to Turnip and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through Turnip for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of Turnip or features that prevent or restrict use or copying of any Data or enforce limitations on use of Turnip or the Data therein.
2. TMPL'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
Turnip may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
M. TMPL Fees
Currently, joining Turnip, opening an Account, posting Submitted Content and viewing the same is free. TMPL may permit Viewers to donate to Streamers. However, TMPL reserves the right at its sole discretion to charge fees to Streamers for services that Turnip may provide in the future.
You understand that we are acting solely as an intermediary for the collection of monies between a Viewer and a Streamer. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to users of Turnip. Further, you understand that TMPL shall not be responsible or liable in any manner in relation to tax liability of a Streamer or a Viewer.
N. Dispute Resolution
The costs and expenses of the arbitration, including, without limitation, the fees of the arbitration and the arbitrator, shall be borne equally by the parties to the Dispute and each party to such Dispute shall pay its own fees, disbursements and other charges of its counsel, except as may be otherwise determined by the arbitrator. The arbitrator shall have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the actual payment of such amounts.
Aspects of Turnip and other TMPL services may be supported by advertising revenue. As such, TMPL may display advertisements and promotions on the service. The manner, mode and extent of advertising by TMPL on Turnip are subject to change and the appearance of advertisements on Turnip does not necessarily imply endorsement by TMPL of any advertised products or services. You agree that TMPL shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on Turnip.
P. Third-party Links, Contact Forms and Phone Numbers
Q. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF TURNIP SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND TMPL AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH TURNIP, THE SERVICES OFFERED ON OR THROUGH TURNIP, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON TURNIP, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF TURNIP OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURNIP, THE SERVICES OFFERED ON OR THROUGH TURNIP, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON TURNIP IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TMPL DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF TURNIP OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH TURNIP BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TURNIP, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF TURNIP OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA TURNIP. TMPL DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TURNIP OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. TMPL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TMPL uses reasonable security measures in order to attempt to protect Submitted Content against unauthorized copying and distribution. However, TMPL does not guarantee that any unauthorized copying, use, or distribution of Submitted Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that TMPL shall not be liable for any unauthorized copying, use, or distribution of Submitted Content by third parties and release and forever waive any claims you may have against TMPL for any such unauthorized copying or usage of the Submitted Content, under any theory. THE SECURITY MEASURES TO PROTECT SUBMITTED CONTENT USED BY TMPL HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
R. Limitations of Liability
1. IN NO EVENT SHALL TMPL, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF TURNIP OR ANY SERVICES OFFERED VIA TURNIP; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF TURNIP OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH TURNIP BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TURNIP; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF TURNIP OR SUBMITTED CONTENT; (VII) ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF TURNIP; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF TURNIP OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH TURNIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TMPL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF TMPL, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO TURNIP, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO TMPL BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT TMPL SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TMPL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER.
S. Force Majeure
T. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE TURNIP USERS, YOU FOREVER RELEASE TMPL (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) 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 YOUR USE OF TURNIP AND/OR ANY SUBMITTED CONTENT.
V. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to Turnip must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS
4. TMPL IS NOT A PARTY
© 2020 Turnip Media Private Limited. All Rights Reserved