Terms and Conditions

The following terms of service (these "Terms of Service"), govern your access to and use of the Tempsee website and mobile application, including any content, functionality and services offered on or through www.Tempsee.com or the Tempsee mobile application (the "Site") by Tempsee International, referred hereto as "Tempsee" "we" or "us" and “you” or “user” means you as an user of the Site.

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, Tempsee 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 13 years of age or older. If you are under 13 you may not use this Site or the Tempsee 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 24/7 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.

 

Key Terms

Buyers are users who purchase services on Tempsee.

Orders are the formal agreements between a Buyer and Creator after a purchase was made from the Creator’s Shop.

Creators are users who offer Templates on Tempsee.

 

Overview (Main terms, in a nutshell)
  1. Only registered users may buy and sell on Tempsee. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
  2. Templates on Tempsee may be offered at a base starting price of EUR 1. Some Templates are offered at a base price of more than EUR 5 as determined by the Creator.
  3. Buyers pay Tempsee in advance (see Payment Terms).
  4. For fees and payments please read the Payment Terms
  5. Creators must upload uncorrupted files, and may not upload viruses or other dangerous software.
  6. Creators improve their status based on their performance and reputation.
  7. Users may not offer or accept payments using any method other than placing an order through Tempsee.com.
  8. When purchasing a Template, Buyers are granted all rights for the delivered work, unless otherwise specified by the Creator on their Shop.
  9. Tempsee retains the right to use all published delivered works for Tempsee marketing and promotion purposes.
  10. 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.
  11. Users undertake to comply with Tempsee’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Tempsee community and marketplace in addition to these Terms of Service, as updated from time to time.

 

CREATORS

  1. Creators upload Templates on Tempsee and allow Buyers to purchase them.
  2. Each Template you sell and successfully complete, accredits your account with a revenue between 70% to 95% of the purchase amount (excluding taxes and discounts).
  3. Tempsee accredits Creators within 30 business days from the purchase.
  4. For more information about receiving payments, fees and taxes see the Payment Terms.
  5. For security concerns, Tempsee may temporarily disable a Creator’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Tempsee accounts to a single withdrawal provider.
  6. Creators are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services which result in uploading templates to Tempsee.

 

Templates

  1. Templates created on Tempsee are User Generated Content.
  2. Templates and/or users may be removed by Tempsee from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
  3. Illegal or Fraudulent templates
  4. Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy
  5. Adult oriented services, Pornographic, Inappropriate/Obscene
  6. Intentional copies of Templates
  7. Spam, nonsense, or violent or deceptive Templates
  8. Templates misleading to Buyers or others
  9. Reselling of regulated goods
  10. Exceedingly low quality Templates
  11. Promoting Tempsee and/or Tempsee Templates 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.
  12. Templates that are removed for violations mentioned above, may result in the suspension of the Creator’s account.
  13. Templates that are removed for violations are not eligible to be restored or edited.
  14. Templates may be removed from our Search feature due to poor performance and/or user misconduct.
  15. Templates may include pre-approved website URLs contained within the Template description and requirements box. Templates containing websites promoting content, which violates Tempsee’s Terms of Service and/or our Community Standards, will be removed.
  16. Templates are required to have an appropriate Template image related to the service offered. Creators must deliver the same quality of service as shown on their Template images. Recurring deliveries that don’t match the quality shown on the Template images may lead to the Creator’s account losing Creator status or becoming permanently disabled.
  17. Statements on the Shop that undermine or circumvent these Terms of Service is prohibited.

BUYERS

  1. You may not offer direct payments to Creators using payment systems outside of the Tempsee platform.
  2. Tempsee retains the right to use all publicly published delivered works for Tempsee marketing and promotional purposes.

 

Purchasing

  1. Please refer to the Payment Termsfor making Payments through the Tempsee platform and to learn about fees and taxes.
  2. You may not offer Creators to pay, or make payment using any method other than through the Tempsee.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

 

ORDERS

  1. Once payment is confirmed, your order will be automatically fulfilled.
  2. We encourage our Buyers and Creators to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Tempsee's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
  3. Users are responsible for scanning all transferred files for viruses and malware. Tempsee will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

 

Reviews

  1. Feedback reviews provided by Buyers while completing an Order are an essential part of Tempsee's rating system. Reviews demonstrate the Buyer's overall experience with the Creators and their service. Buyers are encouraged to communicate to the Creator any concerns experienced during their active order in regards to the service provided by the Creator.
  2. 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.
  3. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Tempsee platform from users within our Community. Purchases arranged, determined to artificially enhance Creator ratings, or to abuse the Tempsee platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  4. Feedback comments given by Buyers are publicly displayed on a Creator’s Shop.
  5. Creators may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

 

Disputes and Cancellations

We encourage our Buyers and Creators to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Tempsee's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

 

User Conduct and Protection

Tempsee enables people around the world to create, share, sell and purchase nearly any Template they need at an unbeatable value. Templates offered on Tempsee reflect the diversity of an expanding Template economy. Members of the Tempsee community communicate and engage through different means.

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

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.

 

  1. 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 Tempsee in order to circumvent or abuse the Tempsee platform is not permitted.
  2. Any necessary exchange of personal information required to continue a Template may be exchanged within the “Contact Creator” button.
  3. Tempsee does not provide any guarantee of the level of the Templates offered to Buyers. You may use the review tools provided to you, or the feedback page.
  4. Tempsee does not provide protection for users who interact outside of the Tempsee platform.
  5. All information and file exchanges must be performed exclusively on Tempsee's platform.
  6. 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.
  7. Tempsee 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.
  8. Users may not submit proposals or solicit parties introduced through Tempsee to contract, engage with, or pay outside of Tempsee.

 

Orders
  1. Users with the intention to defame competing Creators by ordering from competing services will have their reviews removed or further account status related actions determined by review by our team.
  2. Users are to refrain from spamming or soliciting previous Buyers or Creators to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

 

Templates

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

Creators warrant that any content included in their Templates shall be original work conceived by the Creators and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Templates, Creators represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Templates.

Tempsee 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 our team. 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 us. A warning will be sent to the user's email address. Warnings do not limit account activity, but can lead to your account losing Creator statuses or becoming permanently disabled based on the severity of the violation.

 

Non-Permitted Usage

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

Inappropriate Behavior & Language - Communication on Tempsee should be friendly, constructive, and professional. Tempsee condemns bullying, harassment, and hate speech towards others.

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 Templates or orders.

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 via the “Contact Creator” button. Creators further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the Template to the Buyer. Any users who engage and communicate off of Tempsee will not be protected by our Terms of Service.

Authentic Tempsee Profile - You may not create a false identity on Tempsee, misrepresent your identity, create a Tempsee 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. Tempsee 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 - Tempsee 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 Tempsee 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 Tempsee account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Tempsee community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Tempsee’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 on Tempsee. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Tempsee accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Tempsee and protected by copyright and trademark law. 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 Tempsee with any comments, suggestions or other feedback regarding the Tempsee platform or the Site as a whole, as well as other Tempsee products or services (collective, the “Feedback”), you will be deemed to have granted Tempsee an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Tempsee is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Creators should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Creators for the purpose of delivering a Template, and to protect such confidential information from unauthorized use and disclosure. Therefore, Creators agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Creators 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 Template; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms
  1. Tempsee 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.
  2. Violation of Tempsee's Terms of Service and/or our Community Standards may get your account disabled permanently.
  3. Users with disabled accounts will not be able to sell or buy on Tempsee.
  4. 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.
  5. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  6. Disputes should be handled by contacting Tempsee Customer Support.
  7. Tempsee may make changes to its Terms of Service from time to time. When these changes are made, Tempsee will make a new copy of the terms of service available on this page.
  8. You understand and agree that if you use Tempsee after the date on which the Terms of Service have changed, Tempsee 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 Tempsee by our users (Buyers and Creators) is User Generated Content. Tempsee 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 Tempsee 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, Tempsee is not responsible for the content, quality or the level of Templates provided by the Creators. We provide no warranty with respect to the Templates, their delivery and any communications between Buyers and Creators. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a Template, the Creator undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the Template that is offered on Tempsee. Creators advertising online their Template 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 Template and may lead to the suspension of Creator's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

Intellectual Property Claims (Copyright (DMCA), Trademark Infringement)

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Tempsee's content is based on User Generated Content (UGC). Tempsee does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. Tempsee looks into reported violations and removes or disables content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice ("Notice") should include the following:

  1. Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
  2. Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
  3. Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
  4. A short description of how our user(s) allegedly infringe(s) your copyright(s)
  5. Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the Template url, etc.
  6. Your complete name, address, email address, and telephone number.
  7. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  8. A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
  9. Your electronic or physical signature

You can send your Notice to us at: info@tempsee.com, with the exact subject “Copyright infringement notice”.

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to us, as explained above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees).

TRADEMARK INFRINGEMENT

Tempsee's content is based on User Generated Content (UGC). Tempsee does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. Tempsee looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice ("TM Notice") should include the following:

  1. Identification of your trademark and the goods/services for which you claim trademark rights
  2. Your trademark registration certificate and a printout from the pertinent country's trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
  3. A short description of how our user(s) allegedly infringe(s) your trademark(s)
  4. Clear reference to the materials you allege are infringing and which you are requesting to be removed.
  5. Your complete name, address, email address, and telephone number.
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  7. A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
  8. Your electronic or physical signature

You can send your Notice to us as explained above, with the appropriate subject.

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

Ownership

Ownership and limitations: When purchasing a Template on Tempsee, unless clearly stated otherwise on the Creator's Shop/description, when the Template is payed and delivered, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Creator, and the Creator waives any and all moral rights therein. Accordingly, the Creator expressly assigns to the Buyer the copyright in the delivered Template. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Template, and the delivery may not be used if payment is cancelled for any reason. Furthermore, users (both Buyers and Creators) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Tempsee, including Template texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Tempsee for no consideration for marketing and/or other purposes.

 

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 TEMPSEE NOR ANY PERSON ASSOCIATED WITH TEMPSEE 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.

 

Machine Translation

Certain user-generated content on the Site has been translated for your convenience. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

 

Limitation on Liability

IN NO EVENT WILL TEMPSEE 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.