Terms & Conditions – The Label Space

Last Update: 29th October, 2020

Welcome to The Label Space

The following terms of service (these “Terms of Service”), govern your access to and use of The Label Space website, including any content, functionality and services offered on or through www.thelabelspace.com (the “Site”) by “The Label Space Ltd (insert business address)” and, with respect to payment processing services, by its partners: Payl8r (2ND FLOOR, BOULTON HOUSE, 17-21 CHORLTON STREET, MANCHESTER, M1 3HY). “The Label Space” and its subsidiaries are collectively referred hereto as “TLS” “we” or “us”.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Payl8r & TLS Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or TLS services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. TLS makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

“Artist” are users who purchase services in TLS.

“Creatives” are users who sell music & marketing services in TLS

“Basic Services” are the services offered by “creatives” in TLS

Add-ons are additional services offered on top of the “basic services” for an additional cost defined by “creatives”.

“Service Packages” allow “creatives” to bundle “basic services” and “add-ons” together at a discount to the “artist”

“Creative Profile” is where “creatives” can describe their approach, experience and “artists” can purchase their services

“The Project Management Hub” is where Artists and Creatives communicate with one another regarding the particulars and progress of the “project”.

Overview (Main terms, in a nutshell)

Only registered users may buy and sell in TLS. Registration is free, but the network of creatives in curated by us

Artists pay TLS either by Paypal or Payl8r in advance (see Payment Terms)

Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.

For fees and payments please read the Payment Terms

Creatives must fulfill their projects, and may not cancel projects on a regular basis or without cause. Cancelling orders will affect creativesstatus in TLS and could result in a suspension of their profile

Users may not offer or accept payments using any method other than working on a project through thelabelspace.com.

When purchasing music or marketing services, artists are granted all rights for the delivered work, unless otherwise specified by the Producer on their Creative profile. Note: some Creatives charge additional payments (through Gig Extras) for Commercial Use Licenses. See our “Ownership” and “Commercial Use License” sections below for more information.

TLS retains the right to use all published delivered works for TLS marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Users undertake to comply with TLS’s rules and guidelines, in addition to these Terms of Service, as updated from time to time.

CREATIVES

Basics

Creatives post services in TLS to allow artists to purchase those services

Each project you successfully complete, accredits your account with a net revenue of 80% of the purchase amount.

TLS accredits creatives once an order is completed. See our “Projects” section below for a definition of a completed order.

For more information about fees & receiving payments see the Payment Terms.

Creatives may not promote their Gigs or any TLS content via the Google Ads platform. (QUERY)

- Creatives have a rating that is based on the quality of reviews posted by Artists after successfully completing projects.

Persistently low ratings, could result in the suspension of your account in TLS

Creatives must agree a date of delivery with Artists. This is the date by which all components of the Project will be delivered to the Artist.

Creative Services

Services offered by Creatives in TLS are User Generated Content.

Creatives may not offer any services that are;

Illegal or Fraudulent services

Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here

Adult oriented services, Pornographic, Inappropriate/Obscene

Intentional copies of Gigs

Spam, nonsense, or violent or deceptive Gigs

Misleading to Buyers or others

Reselling of regulated goods

Offering to prepare academic works on behalf of others

Exceedingly low quality Gigs

Promoting TLS and/or TLS services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

Any violations mentioned above, may result in the suspension of the Seller’s account.

Artist profiles that contain websites promoting content which violates TLS’s Terms of Service and/or our Community Standards, will be removed.

Creative Profiles may contain approved videos to showcase services in TLS.

Statements on Artist profiles that undermine or circumvent these Terms of Service is prohibited.

Add Ons

Add Ons are additional services offered on top of the Creative’s standard services for an additional price defined by the Creative.

Add Ons may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Creative Services section above for a list of services that violate our Terms of Service. Creative profiles may be suspended if Add ons violate TLS’s Terms of Service

Extra services offered through Add ons must be related to the base service and part of the deliverables of the Project

Shipping Physical Deliverables

Creatives may decide to include Physical deliverables as part of their services for a Project (eg hard drive containing session files, multitracks, final mix stems, song masters etc.) In this case postage and packaging charges may be included.

Services or Add ons that include Postage and Packaging costs must have physical deliverables sent to Artists.

Postage & Packaging costs added to a Project can only reflect the actual cost to the Creative. It is not permitted to make a profit on Postage & Packaging

Important: Artists who purchase Services or Add onsthat require physical delivery, will be asked to provide a shipping address.

Creatives are responsible for all shipping arrangements once the Artist provides the shipping address.

TLS does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

BUYERS

Basics

You may not offer direct payments to Creatives using payment systems outside of TLS platform.

TLS retains the right to use all publicly published delivered works for TLS marketing and promotional purposes.

Purchasing

Please refer to the Fees page for information on making Payments through TLS platform and to learn about fees.
You may not offer to pay, or make payment using any method other than through TLS platform. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here (link)

PROJECTS

Basics

Once payment is confirmed, your Project will be created and given a unique TLS order number (#PO).

Creatives must deliver completed files and/or proof of work using the Deliver Project button (located on the Project page) according to the services that were purchased and advertised on their Creative Profile

The “Deliver Project” button may not be abused by Creatives to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Project” button when a Project was not delivered may result in a cancellation of the Project after review and could result in a suspension of the Creative’s account.

A Project is deemed Complete after it is marked as Delivered and then accepted by the Artist. A Project will be automatically marked as Complete if no request for modification is submitted by the Artist within 5 days after the Project was marked as Delivered.

We encourage Artists and Producers to try and settle disputes amongst themselves. However, if for any reason this fails or if you encounter non-permitted usage on the Site, users can contact TLS’s Customer Support department for assistance. For more information about disputes, Project cancellations and refunds please refer to the Payment Terms (hyperlink)

Handling Projects

When an Artist commissions a Project, the Producer is notified by email as well as notifications on the site while logged into their account.

Producers are required to meet the delivery time they specified when outlining their services.

If a Producer expects there will be a delay in completing a Project they should inform the Artist and work out between them a new date of deadline.

Producers must send completed files using the Deliver Project button (located on the Project page) to mark the Project as Delivered.

Users are responsible for scanning all transferred files for viruses and malware. TLS will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Artists may use the “Request Revisions” feature located on the Project Page to request changes to the delivered content.

Reviews

Feedback reviews provided by Buyers while completing an Order are an essential part of TLS’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.

Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.

To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the TLS platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the TLS platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

Feedback comments given by Buyers are publicly displayed on a Seller’s Gig page.

Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.

Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.

Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.

Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.

Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Feedback reviews are unavailable for orders made through the Logo Maker.

Disputes and Cancellations

We encourage Artists and Producers to try and settle disputes amongst themselves. However, if for any reason this fails or if you encounter non-permitted usage on the Site, users can contact TLS’s Customer Support department for assistance. For more information about disputes, Project cancellations and refunds please refer to the Payment Terms (hyperlink).

User Conduct and Protection

TLS enables Creatives to “blah blah blah” enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Members of TLS community communicate and engage through Projects, social media, and on TLS’s Community Forums.

TLS maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of TLS. This section relates to the expected conduct users should adhere to while interacting with each other in TLS.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of TLS in order to circumvent or abuse the TLS messaging system or TLS platform is not permitted.

Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.

TLS does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page. TLS curates its network of Producers, as such Artists can expect a high level of service. If a Producer does not meet your expectations…..

TLS does not provide protection for users who interact outside of the TLSplatform.

All information and file exchanges must be performed exclusively on TLS’s platform.

Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

TLS is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Users may not submit proposals or solicit parties introduced through TLSto contract, engage with, or pay outside of TLS.

Projects

Users who commission services with the intention of defaming other Users will have their accounts suspended.

Users should refrain from repeatedly contacting or spamming Artists or Producers to pursue removing/modifying reviews for previously completed Projects.

Gigs

Users may report other Users to Customer Support that may be in violation of TLS’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs).

Producers warrant that any content included in their services shall be original work conceived by the Producer and shall not infringe any third party rights.

TLS will respond to clear and complete notices of alleged copyright or trademark infringement.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by TLS. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to TLS. A warning will be sent to the user’s email address and will be displayed for such user in TLS. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – TLS does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication in TLS should be friendly, constructive, and professional. TLS condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or Projects.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Project Page. Producers further confirm that whatever information they receive from the Artist, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Artist. Any users who engage and communicate outside of TLS will not be protected by our Terms of Service.

Authentic TLS Profile – You may not create a false identity in TLS, misrepresent your identity, create a TLS profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. TLS reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – TLS will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use – You may not use TLS for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created in order to circumvent guidelines, promote competitive advantages, or mislead TLS community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of TLS’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users in TLS This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell TLS accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by TLS and protected by copyright and trademark law. TLS®, Gig® and Gigs® are all registered trademarks owned exclusively by TLS. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide TLS with any comments, suggestions or other feedback regarding the TLS platform or the Site as a whole, as well as other TLS products or services (collective, the “Feedback”), you will be deemed to have granted TLS an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. TLS is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

TLS reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.

Violation of TLS’s Terms of Service and/or our Community Standards may get your account disabled permanently.

Users with disabled accounts will not be able to sell or buy on TLS.

Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Users have the option to enable account Security features to protect their account from any unauthorized usage.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

Disputes should be handled using TLS’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting TLS Customer Support.

TLS may make changes to its Terms of Service from time to time. When these changes are made, TLS will make a new copy of the terms of service available on this page.

You understand and agree that if you use TLS after the date on which the Terms of Service have changed, TLS will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to TLS by our users (Buyers and Sellers) is User Generated Content. TLS does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the TLS platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, TLS is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on TLS. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.

Ownership

Ownership and limitations: When purchasing a Gig on TLS, unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to TLS, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by TLS for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).

By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.

By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to TLS’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor TLS will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Gig Commercial Use License

By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to TLS’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor TLS will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TLS NOR ANY PERSON ASSOCIATED WITH TLS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL TLS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with TLS, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.