Turnabout Media LLC (further mentioned here as “Turnabout Media”) is pleased to provide to you its sites, software, applications, content, products and services (“Turnabout Media Services”). These terms govern your use and our provision of the Turnabout Media Services on which these terms are posted, as well as Turnabout Media Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Turnabout Media Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE TURNABOUT MEDIA SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
Contract between You and Turnabout Media
This is a contract between you and Turnabout Media or between you and any different service provider identified for a particular Turnabout Media Service. You must read and agree to these terms before using the Turnabout Media Services. If you do not agree, you may not use the Turnabout Media Services. These terms describe the limited basis on which the Turnabout Media Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Turnabout Media Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Turnabout Media Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Turnabout Media Services. If you do not agree to any change to these terms, you must discontinue using the Turnabout Media Services.
We may immediately terminate this contract with respect to you (including your access to the Turnabout Media Services) if you fail to comply with any provision of these terms.
The Turnabout Media Services are a copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Turnabout Media Services are owned by Turnabout Media or its licensors or licensees. Except as Turnabout Media specifically agrees in writing, you may only use the service as-is. You may own the physical media on which elements of the Turnabout Media Services are delivered to you, but Turnabout Media retains full and complete ownership of the Turnabout Media Services.
Content and Software License
If a Turnabout Media Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by Turnabout Media, you are the only granted user to use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Turnabout Media Service nor access or use any Turnabout Media Service in an unlawful or unauthorized manner or in a manner that suggests an association with Turnabout Media’s products, services or brands. You may not access or use any Turnabout Media Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Turnabout Media Services, you represent that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE TURNABOUT MEDIA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TURNABOUT MEDIA DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
TURNABOUT MEDIA SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF TURNABOUT MEDIA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL TURNABOUT MEDIA BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE
Additional Restrictions on Use of the Turnabout Media Services
You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Turnabout Media Service or connected network, or interfere with any person or entity’s use or enjoyment of any Turnabout Media Service. You agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Turnabout Media Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access a Turnabout Media Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Turnabout Media Services. You agree that your access to the Turnabout Media Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Turnabout Media Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Turnabout Media Services may be prohibited or restricted by your network provider and not all Turnabout Media Services may work with your network provider or device.
Some Turnabout Media Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Turnabout Media Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify Turnabout Media of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Turnabout Media Services.
The security, integrity and confidentiality of your information are extremely important to Turnabout Media. We have implemented technical and administrative security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
Identity of Seller
Sales are made by Turnabout Media or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller with the information provided and they will assist you. Some storefronts on the Turnabout Media Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
Digital Content and Virtual Items
Turnabout Media may make applications, games, software or other digital content available on the Turnabout Media Services for you to license. When accessing such material from a Turnabout Media Service, terms will be disclosed to you on the Turnabout Media Service before consumption of said item.
Some Turnabout Media Services require paid subscriptions to access. By signing up for a subscription, you agree that your subscription is not automatically renewed.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. You will be sent a notice from Turnabout Media when your order and acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and Turnabout Media. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our affiliate credit or fraud departments. Turnabout Media also may require additional verification or information before accepting an order. Turnabout Media will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after Turnabout Media has processed your payment but prior to delivery, Turnabout Media will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify Turnabout Media of changes to the payment information. Turnabout Media reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Right of Cancellation; Return of Goods
For annual subscriptions, if notice of cancellation is received within the first fourteen (14) days following the first day of initial billing, you will receive a refund of the subscription fee paid. If Turnabout Media refunds your subscription fee, you will still be obligated to pay other charges incurred.
When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.
You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel Turnabout Media’s contract with you and return the goods. This right does not apply to goods stated by Turnabout Media on the Turnabout Media Services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to Turnabout Media and Turnabout Media may deduct a reasonable amount if you use the goods.
If you wish to cancel, you must do so by following the cancellation instructions for the particular Turnabout Media Service.
Turnabout Media may revise the pricing for products and services Turnabout Media offers. If you pay a periodic subscription fee for a Turnabout Media Service, Turnabout Media will provide you with a reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, Turnabout Media estimates the tax and includes that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
Submissions and Unsolicited Ideas Policies
Turnabout Media’s policy does not allow Turnabout Media to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to Turnabout Media – whether or not solicited by Turnabout Media – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Turnabout Media in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to Turnabout Media using the following address:
Turnabout Media is only able to accept notices in the languages into which these terms are made available by Turnabout Media.
Turnabout Media will respond expeditiously to claims of copyright infringement committed using the Turnabout Media Services that are reported using the link above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Turnabout Media Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.
Binding Arbitration and Class Action Waiver
You and Turnabout Media agree to arbitrate all disputes between you and Turnabout Media or its affiliates, except disputes relating to the enforcement of Turnabout Media or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and Turnabout Media concerning the Turnabout Media Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Turnabout Media empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the ability of arbitration of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Turnabout Media must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Turnabout Media, [email protected] We will send any notice of dispute to you at the contact information we have for you. You and Turnabout Media will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Turnabout Media do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Turnabout Media will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or USD $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. Turnabout Media waives any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and Turnabout Media.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in Fairfax County, Virginia, United States of America, and you and Turnabout Media agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Turnabout Media will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Turnabout Media Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Fairfax County, Virginia, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the state of Virginia and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by Turnabout Media shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.