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You may not copy, republish, upload, post, display, transmit, duplicate, distribute (including by way of email, facsimile or other electronic means) or frame any materials on this Site without prior written consent from Torrential. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from the Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Torrential in writing at email@example.com. Users shall not view, use, download, export or copy any content of the Site except in full compliance with all U.S. and other applicable laws and regulations and the TOU.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained on the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
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Access to the Site is voluntary and at the sole risk of the user. Torrential does not warrant the accuracy of any materials on the Site or on any Other Sites linked to or from the Site. Torrential makes no representation that information on the Site is free of errors or omissions that may be considered material. Torrential does not warrant the completeness or correctness, timeliness or usefulness of any opinions, advice, services, merchandise or other materials provided through the Site. Torrential will not be liable for any decision made or action taken in reliance upon the information provided on the Site. Except for information, products or services clearly and specifically identified as being supplied or endorsed by Torrential, Torrential does not endorse any products or services this Site or other web sites linked to or from it.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL TORRENTIAL, ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES,SHAREHOLDERS OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "TORRENTIAL PARTIES”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND,INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, ANY MATERIALS AND/ OR CONTENT ON THE SITE AND/OR YOUR MATERIALS; (2) THE USE OF, INABILITY TO USE THE SITE AND/OR PERFORMANCE OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY TORRENTIAL OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE AND/OR ANY,MATERIALS AND/OR CONTENT ON THE SITE;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE TORRENTIAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE TORRENTIAL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THAT A STATE OR OTHER LAW PROHIBITS THE FOREGOING EXCLUSIONS AND LIMITAIONS, IN NO EVENT SHALL THE TORRENTIAL PARIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE TORRENTIAL PARIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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Information provided on the Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction. However by using the Site you agree that these TOU and the interpretation of these TOU are governed, and construed in accordance with, the laws of the State of New York without regard to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York located in the City of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding. If any of the provisions of these TOU are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these TOU to retain their full force and effect. Except as set forth elsewhere in these TOU, these TOU constitutes the entire agreement between you and Torrential and the Site applicable to its subject matter. It may not be modified except as described elsewhere in these TOU. Anything on the Site inconsistent or in conflict with the terms of these TOU is superseded by the TOU.
Use of this Web site is prohibited in any jurisdiction having laws that would void these TOU in whole or essential part or which makes accessing the Site illegal. Users in such jurisdictions visit and use this Site entirely at their own risk. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and the User Materials. You agree that these TOU will not be construed against Torrential by virtue of Torrential having drafted these TOU. No waiver on the part of Torrential of any of these TOU will be of any force or effect unless made in writing and signed by a duly authorized officer of Company.
You understand and agree that Torrential shall in it sole and absolute discretion interpret whether you are in compliance with these TOU. Torrential may at any time and for any reason, including but not limited to Torrential’s belief that you have violated these TOU and/or any law, rule or regulation, prohibit and/or limit your access to the Site and terminate your ability to use the Site.