Turntabl Terms of Use

Thank you for using turntabl!

Version Date. October, 2022

Please read these turntabl Terms of Service carefully. This website (the “Site”) is operated by turntabl (which, together with its subsidiaries and affiliated entities, are referred to as “turntabl”); the terms “we” “us” and “our” refer to turntabl.
turntabl provides an online platform which allows users to create, send and manage email marketing campaigns, and to facilitate e-commerce transactions, among other things (the “Services”). These Terms of Service (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink), establish the terms and conditions under which you are allowed to use the Site and the Services.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICES. WE MAY UPDATE OR MODIFY THESE TERMS FROM TIME TO TIME AND WILL POST THEM AND UPDATE THE DATE. BY ACCESSING OR USING THE SITE OR THE SERVICES THEREAFTER, YOU AGREE TO BE BOUND BY SUCH UPDATED TERMS AND IF YOU DO NOT AGREE, YOU SHOULD NOT CONTINUE TO USE THE SERVICES.

1. General terms and conditions

1.1 Account

To use the Services, you must sign up for an account. When you sign up for an account a legal agreement between you and turntabl (the “Agreement”) is formed, and the Subscription Term (as defined in Section 4.1) will begin. The Subscription Term will continue for as long as you have a turntabl account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. We reserve the right to refuse service, close accounts, and change eligibility at any time. We may, in our sole discretion, limit or cancel accounts. These restrictions may include accounts that use the same billing and/or shipping address. If we make a change to or cancel an account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your account was created.

1.2 Qualifications

You represent and warrant that you meet the following qualifications: (1) if you are an individual person, you are at least the age of majority in your state or province of residence, or (2) if you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf. You represent and warrant that you are not based in Cuba, Iran, North Korea, Syria, or any other territory 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 are not listed on any U.S. government list of prohibited or restricted persons.

1.3 Registration

You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the account registration form and elsewhere, and you agree to update such information if it changes.

1.4 Account Access

You may access and use the Service and access your turntabl account (the “Account”) in accordance with these Terms. We may, in our discretion, permit you to authorize additional users to access and use your Account for your benefit. You, and any such additional users, are referred to as “Authorized Users”. You will be responsible for each Authorized User’s use of your Account, and each Authorized User’s compliance with this Agreement.

1.5 Usernames and Passwords

You will require that all Authorized Users keep user ID and password information strictly confidential and not share such information with any unauthorized person. turntabl will not have any liability under this Agreement for actions taken using your Authorized Users IDs and passwords, including any unauthorized use or access caused by misuse or misappropriation of such user IDs and passwords. You will be responsible for restricting access by any Authorized User who is no longer authorized to access the Services. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. Usernames are unique and can only be used once. If your Account is terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

1.6 Communication with You

We reserve the right to send messages to you to (a) inform you of changes or additions to the Site, the Products, this Agreement or the Fee Schedule (defined below), (b) to inform you of violations of this Agreement or actions relating to your privilege to access and use the Site or the Products, (c) to inform you of any other matter related to the Site, the Products or this Agreement or (d) for marketing and other purposes. Nothing in this provision shall require or obligate us to send any notice if no notice is required elsewhere in this Agreement. You may unsubscribe from our marketing communications at any time, although you will continue to receive transactional messages from us. You agree that we may, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Authorized Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we.do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved or even if retained and retrievable will be made available to you. By entering into this agreement, you acknowledge that we may contact you via telephone (either by a live person, automatic dialer, prerecorded message or a combination of the foregoing) to discuss the products and you consent to such contact. Further, you consent to receive such phone calls at the telephone number you entered on the site. You do not need to agree to this provision in order to use the Site or the Services and if you would like us not to contact you by telephone, please send an email to info@turntabl.com.

2. Use of the Services. Prohibited Uses

2.1 Your Use of the Services, Service Limits

The Services are intended to be utilized for your own personal or business use. You will not (and will not permit any third party to): (a) sell, rent, lease, license, distribute, provide access to, sublicense, or otherwise make available the Services to a third party (except as expressly set forth in Section 1.4) or in a service bureau or outsourcing offering. The Services are intended for small to medium size businesses, and any single email distribution shall not exceed 1 million recipients, without our prior written approval. You agree that we may establish general practices and limits concerning use of the Services, including the maximum number of messages or campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may be transmitted by means of the Services. We reserve the right to modify, revise, suspend or discontinue any part of the Service, in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Service in any manner. If we discontinue any function of the Service in its entirety that you are using, we will provide you with advance notice and an opportunity to cancel your Account.

2.2 Prohibition on Spam; Permission Practices

You agree that you will not use the Services to send unsolicited email messages (sometimes called "spam"). You are responsible for ensuring that your use of the Services do not generate a number of spam or other complaints in excess of industry norms. We may terminate or suspend your Account or suspend if we determine that your level of spam or other complaints is higher than industry norms, as determined by us in our sole discretion. As a matter of privacy, we will not share with you information about those recipients who complain about your use of the Services or file a spam report against you.

a) Recipients

You agree to import, access or otherwise use only contact lists in connection with the Services for which all listed parties have consented to receive correspondence from you. It is not sufficient consent to receive email correspondence from you if a person or organization participates in a survey or registers for an event, clicks "Like" on your Facebook® page, or "follows" you on Twitter. You agree not to send messages through the Services to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses. We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email messages or campaigns from entering, utilizing or remaining within our network.

b) Sender

In your use of the Services, you shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious. You agree that you are the sole or designated "sender" (as such term is defined in the United States CAN-SPAM Act of 2003 and any rules or regulations adopted under such act (the "CAN-SPAM Act")) of any message sent by you using the Services. Similarly, for messages sent to Canadian email accounts, you are the sole person sending or causing or permitting the message to be sent by you using the Services (within the meaning of Canada's Anti-Spam Legislation, S.C. 2010, c. 23 ("Canada's Anti-Spam Legislation"). You agree that for any email message sent by you using the Services, (i) the "from" line of any email message sent by you using the Services will accurately and in a non-deceptive manner identify your organization, your product or your service, (ii) the"subject" line of any email message sent by you using the Services will not contain any deceptive or misleading content regarding the overall subject matter of the email message, and (iii) you will include your valid physical address, which, if you are located in the United States, may be a valid post office box meeting the registration requirements established by the United States Postal Service.

c) Unsubscribe

Every email message sent using the Services must contain an "unsubscribe" link that allows contacts to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission and update the email addresses to which messages are sent through your turntabl Account. You cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request. As required under the CAN-SPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your Account and this Agreement.

d) No Messages if Recipient has Opted Out

You agree that you shall not utilize the Services to send any message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose) (a "commercial electronic mail message" as defined in the CAN-SPAM Act or Canada's Anti-Spam Legislation) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.

2.3 Prohibited Uses and Content

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to offer content, Services or services related to loans, credit and/or debt management, adult entertainment, pharmaceutical Services, multi-level marketing, affiliate marketing, money and lead generating opportunities, gambling, lottery, sweepstakes, real estate, cryptocurrencies, or medical or nutritional supplements; or
(l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

2.4 Limitations

You understand that not all messages or campaigns sent through use of the Services will be received by or will be capable of being viewed by their intended recipients or will be viewable by your recipients in the same way they appear in our Service environment. You further understand that delivery of messages by means of Service may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.

2.5 Monitoring and Removal

Although we have no obligation to monitor the content provided by you or your use of the Services, we may do so and may block any messages or campaigns, remove any content, including websites, surveys, event registrations, and social campaigns, or prohibit any use of Services that we believe may be in violation of any provision of this Agreement. In no case will the foregoing make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.

3. Proprietary rights; Restrictions

3.1 turntabl Content; Licensed Images; Authorized Use

a) turntabl Content
Except for your contact lists and content, as further described in Section 6.4(b) below, all content made available through the Services, including any images made available through any email or tools provided by turntabl (the "Licensed Images"), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, the "turntabl Content"), are the property of turntabl or its licensors. No turntabl Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any turntabl Content.

b) Licensed Images
To the extent applicable, you are granted a limited, revocable, non-sublicensable license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party's trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco Services; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.

c) Authorized Use
Any use of the turntabl Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the turntabl Content granted herein. All rights of turntabl or its licensors that are not expressly granted in this Agreement are reserved to turntabl and its licensors.

6.2 No Rights in Service or Software

We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. This is an Agreement for Services and access to the turntabl Site, and except as expressly set forth herein, you are not granted a license to any software by this Agreement and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights in the Service or any software, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services, or any software, documentation, or data related to Services ("Software"); remove any proprietary notices or labels from the Site or any Software; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

6.3 Your Information and Content

a) Your Information
In using the Services, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to us and we may collect information about your use of the Services. We may use this information in accordance with our Privacy Policy (the “Privacy Policy”) and relevant notices, if any, provided at the point of information collection or use.

b) Your Content and Contacts
We will also obtain any information that you provide to us in connection with your use of Services, such as contact lists (including email addresses and phone numbers of your contacts) and content. We acknowledge your ownership rights in such contact lists. As more fully described in our Privacy Policy, we will never sell or rent your contact lists to anyone without your permission. You hereby grant to us a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform and display your contacts and content only as required by us to provide the Services, .and, where applicable, as described in our Privacy Policy. You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of your contacts and content, and you are responsible for maintaining, securing and storing your contacts and content in accordance with applicable law and any contractual obligations you may have (including this Agreement). You represent and warrant that you own or have secured all rights and interest in and to your contacts and content required for us to use your contacts and content as contemplated by this Agreement.

c) Submissions
If you submit any suggestions, business information, ideas, concepts or inventions or content to us through the Service, or website, or otherwise ("Submissions"), you agree such Submission is non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Submission in any manner or in any media now known or hereafter created.

d) Backup
You are responsible for making frequent backup copies of your contacts and content.

7. Compliance with laws

The Site and the Services shall only be used for lawful purposes and you shall use the Site and Services only in compliance with this Agreement and all other applicable U.S., state, local and international laws in your jurisdiction, including, as applicable:

the CAN-SPAM Act; Canada's Anti-Spam Legislation;
California Consumer Privacy Act ("CCPA");
the European Union's General Data Protection Regulation 2016/679 ("GDPR");
any policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws;
laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your Services or services;
laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective Services or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards;
laws that govern lotteries, sweepstakes, contests and promotions;
and laws that govern the collection of donations and charitable giving.

You further agree to refrain from unethical, false or misleading advertising, promotions or sales efforts and practices in connection with your use of our Site or Services. You may not use our Site or Services for any unlawful or discriminatory activities, including. acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

You are responsible for determining whether our Site or Services are suitable for you to use.in light of any regulations, such as the Health Insurance Portability and Accountability Act ("HIPAA"), the Gramm-Leach-Bliley Act ("GLBA"), European data privacy laws, or other laws. If you are subject to a particular regulation and you use our Site or Services, then we will not.be liable if our Site or Services do not meet those requirements.

8. Additional restriction on use of the services

You agree to comply with the following in connection with your use of the Site and the Services:
You may not access or use the Site or the Services in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site or the Services that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction access to, or distribution of the Site or the Services).
You shall not use the Site, the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party (except as expressly permitted by our partner programs).
You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or the Services for any unauthorized purpose.
You may not use the Site or the Services in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Services, including turntabl's servers, computer network, or user accounts. You may not use the Site or the Services in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site or the Services..
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site or the Services for public or commercial purposes without our express written permission.
You shall not interfere with or disrupt the Site or any related turntabl websites or servers or networks connected to the Site or the Services.
You shall not restrict or inhibit any other user from enjoying and using the Site or the Services.
You shall not use the Site or the Services in violation of applicable law or third party rights.(including third party terms of service), and shall not use the Site or the Services for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
You shall not repeatedly upload and remove unique email addresses or otherwise try to manipulate data in an attempt to circumvent our Fee Schedule or other billing procedure
You shall not set up multiple accounts for any individual or organization in order to send. substantially similar content unless you are part of a franchise.
You may only use our templates, any images we provide, or any other features or functionality of the Services with the Services themselves (for example, you may not take.an image or template and use it on materials
you create without using the Services). This restriction also applies to customized templates prepared by our professional services group.
You shall not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Services. If you own the document or image, you can use it outside of the Services provided it is not hosted by us.
You shall not include any incentives (for example, coupons, discounts or awards) in any messages you send by means of the Site or the Services that encourage a recipient to forward the message to another recipient, other than as expressly encouraged and permitted within the applicable Product.

9. Contracts' and customers' privacy

9.1 Privacy Notice

You shall adopt and comply with your own "privacy notice." Your privacy notice will be posted so that your contacts and customers have notice of your data collection and use practices, including your practices with respect to contact and other data that you obtain from us, and will otherwise comply with applicable law. We have provided you with information regarding our use of contact and customer data in the Privacy Policy, which may be modified by us from time to time. Your privacy notice will include substantially similar disclosure (and update such disclosure from time to time) so that your contacts and customers are aware of how their data is used by you and us.

9.2 Sensitive Information

You will not import or incorporate into any contact lists or other content you upload to our servers any of the following information: social security numbers, national insurance numbers, credit cards, passwords, security credentials, or sensitive personal or health information of any kind. Notwithstanding the foregoing, if you are a covered entity under HIPAA, you agree to contact us at info@turntabl.com in order to request a business associate agreement prior to using the Services with your contacts. If we agree to enter into a business associate agreement with you, you may include protected health information, subject to this Agreement and the terms of the business associate agreement (additional fees may apply).

10. Warranty disclaimer; Remedies; Release.

YOU EXPRESSLY AGREE THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE OR THE SERVICES AND ANY RELIANCE BY YOU UPON THE SITE OR THE SERVICES, INCLUDING ANY.ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.

IN ADDITION, WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, OR (b) ANY EVENT HOSTED, DONATION SOLICITED, THE.RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED.FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS.

NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF.THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE SERVICES.

TO THE EXTENT APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING.THE SITE OR THE SERVICES, (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR.RESPECTIVE CONTACTS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER.JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).

11. Limitations of liability

UNDER NO.CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL turntabl, OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES.OF THIS SECTION AS "turntabl") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY.MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF turntabl HAS BEEN INFORMED OF THE.POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT.LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF turntablTO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE SERVICES IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF.INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY.TO YOU.

12. Indemnification

In addition to your obligations under Section 12 (Indemnification), you expressly agree to indemnify and hold harmless turntabl from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of or relating to your failure to properly describe or deliver goods or services, or to comply with your legal or contractual obligations to your customers. You also agree to defend, indemnify, and hold harmless turntabl from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of or relating to (i) activity on your Connected Account, whether initiated by you or not (including all transactions, disputes, refunds, reversals, claims, fines associated with such activity, or use of the Checkout Platform in a manner that is illegal or inconsistent with this Agreement or any applicable Stripe agreement or terms of services; and (ii) any inaccurate or incomplete information provided to turntabl as part of the onboarding of the Connected Account.