Terms of use


Introduction

Welcome to the Torrential, Inc. (“Torrential”) web site (the “Site”). The Site, and most of the materials on the Site, are owned, operated and/or controlled by Torrential. The Site may also include materials owned by third parties and posted on the Site under rights granted to Torrential. The following Terms of Use (“TOU”) govern your use of the Site. Please read these TOU carefully before using this Site. Your use of this Site constitutes your agreement to be bound by all of the TOU. If you disagree with one or more of these terms or find them unacceptable in any way, please do not enter or use the Site. Torrential reserves the right, in its sole and absolute discretion, to change, modify, update, and amend these TOU at any time without notice to you and you agree to be bound by those changes, modifications, updates and amendments. You should therefore review these TOU periodically to familiarize yourself with any changes, modifications, updates and amendments. If you violate any of the TOU, your authorization to use our Site will terminate automatically.

Access and Use

The entire contents and design of the Site and all materials contained on the Site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by Torrential, are licensed to it, or are used by Torrential with permission. Torrential retains and reserves all proprietary rights to the contents of the Site. The Site and all materials contained on the Site can only be used for your personal and non-commercial purposes. This means that you may only view or download material from the Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. You may link to, view, download, use, display and print a single copy of the materials found on the Site only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with the Site or Torrential. Any other use of the Site or the information contained here is strictly prohibited.

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 support@torrentialinc.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.

All Site names and logos and all related product and service names, design marks and slogans, are the trademarks and/or service marks of Torrential. All rights are reserved in favor of Torrential. You are not authorized to use the Site name, any trademark and/ or service mark in any manner except as expressly granted in these TOU, including but not limited to in any advertisement, publicity or in any other commercial manner without the prior written consent of Torrential. All other trademarks and service marks appearing on the Site are the property of their respective owners.

By using the Site you agree that in connection with your personal downloading, viewing and/or use of the materials on the Site you will (i) retain all trademark, copyright and other proprietary notices contained in the materials (ii) not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Site’s software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover (a)any source code that the Site utilizes in any manner, and/or (b) any software or other products or processes accessible through the Site; and (iii) not insert any code or product to manipulate any material on the Site in any way that affects any user’s experience.

Disclaimer of Liability and Warranties

The Site and its contents are provided to users as a convenience and are provided on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis. Torrential and the Site, to the fullest extent permitted by law, are not providing the user with any warranties, representations and/or endorsements of any kind, neither express nor implied, with respect to the Site including without limitation, warranties related to non-infringement, merchantability, fitness for a particular purpose, and title. This means, without limitation, that Torrential does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components, that the Site is accurate, error free or reliable and/or that the Site does not infringe on the rights of third parties.

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."

Indemnity

By using this Site you agree to defend, indemnify and hold harmless Torrential, its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses, including without limitation, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Torrential of the possibility of such claim (including reasonable attorney’s fees and costs) arising out of your use of this Site; your submission of User Materials, the Site’s display of your User Materials, your failure to use the Site in accordance with the TOU; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Miscellaneous

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.

Termination

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.