THESE TERMS MAY BE MODIFIED BY TORCHMEDIA AT ITS SOLE DISCRETION AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THIS WEBSITE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE WEBSITE. CONTINUED USE OF THE WEBSITE OR SOFTWARE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO, YOU SHOULD VISIT THIS PAGE PERIODICALLY. THESE TERMS WERE LAST MODIFIED ON APRIL 12, 2012. SHOULD YOU HAVE ANY QUESTONS PLEASE CONTACT US AT INFO@TORCHBROWSER.COM.
1. Content ownership and proprietary rights
The Website and its contents ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, neighboring rights, moral rights and mask works, and all derivative works thereof associated with the Website and the Content are the sole property of TorchMedia and its affiliates and partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Website. TorchMedia does not convey, through allowing access to the Website or use of the Service, any ownership rights in the Website or in any Content. You may not copy (except as expressly permitted by these Terms), modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Website or the Content, except to the extent as may be permitted by the licensing terms governing the use of any open source components included with the Software (please see below).
2. Scope ofterms
These Terms govern Your access and use of the Website and Service, except to the extent such Service is subject to a separate agreement. Additional terms may apply to the use of some or all of the Service provided to You via the Website.
TorchMedia may include features that are designed to let You access and import content from other parts of the web. You understand that it is Your sole responsibility to download content that does not infringe upon any copyright laws and that you may access content that is offensive or objectionable to you. Therefore, Your use of these features is at Your own risk.
You acknowledge that, as between You and TorchMedia, You will own all rights, titles and interests in and to any of your content, if applicable, made available on or through the Service. You hereby grant TorchMedia, its licensees, successor and assigns, a perpetual, irrevocable, non-exclusive, royalty- free, sub-licensable, transferable right and license to use, edit, modify, reproduce, distribute, display, transmit, exhibit, broadcast, stream, synchronize, sell, license, assign, create derivative works or otherwise exploit such content, in whole or in part, in all media throughout the world. You agree to waive any moral rights contained therein.
3. Restrictions regarding your use of the website
In connection with Your use of the Website, You agree that You shall not: (i) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input the Website with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) harm minors in any way; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations, requirements, procedures or policies in force from time to time; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website; (viii) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Website, obtain or accumulate personal information about individual users or collect or store personal data about other users; (x) modify, delete or damage any information contained on the personal computer of any other Website user; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Website in any manner that in TorchMedia's judgment, adversely affects the performance or function of the Website or interferes with the ability of other members or authorized parties to access the Website; or (xiii) undertake any acts not expressly permitted under the Terms.
4. Unauthorized access
Unauthorized access to the Website or use of the Service is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website or Service, or in any way automatically bypass these Terms, except those automated means that we have approved in advance and in writing.
TorchMedia may discontinue or suspend the Website, any aspect of the Website or the Service, at any time, in its sole discretion, without notice and liability to You. You acknowledge and agree that TorchMedia shall not be liable to You or any third party for any termination or suspension of Your access to the Website.
6. Disclaimer of warranty
THE WEBSITE, ITS CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TORCHMEDIA, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE WEBSITE, ITS CONTENT OR SOFTWARE. TORCHMEDIA AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR SERVICE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY TORCHMEDIA IN THE TERMS. TORCHMEDIA DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE, SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SOFTWARE OR SERVICE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, SOFTWARE AND SERVICE IS AT YOUR OWN RISK.
7. Limitation of liability
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Software or Service or Your use of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to defend, indemnify and hold harmless TorchMedia, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims arising from Your use of the Website, Software or Service or Your violation of these Terms.
TorchMedia reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Torch, and you agree to cooperate with TorchMedia's defense of these claims.
9. Links to other sites
From time to time, TorchMedia may provide links on the Website that will allow You to access the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by TorchMedia. TorchMedia makes no representations concerning the information provided nor does TorchMedia endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. TorchMedia expressly disclaims all liabilities associated with these third party websites and product or services.
11. Notice and take down procedures; Copyright agent
TorchMedia respects the intellectual property rights of others, and requires that the people who use the Website and Service do the same. If You believe any materials accessible on or from the Website or Service infringe Your copyright, You may request removal of those materials (or access thereto) from the Website by contacting TorchMedia's copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures.
Except to the extent applicable law, if any, provides otherwise, the Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of the remaining provisions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and TorchMedia, these Terms constitute the entire agreement between You and TorchMedia with respect to the use of the Website, its content, any Software or Service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. Except as required by law, English shall be the controlling language of these Terms. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to You at Your address on record with TorchMedia. You may provide notices to TorchMedia via email to firstname.lastname@example.org or by writing to Attention: Torch Media Inc., 53rd E street, Urbanizacion Marbella, MMG Tower, 16th Floor, Republic Of Panama.
1. Software license
You are licensed to download and install the Software on any device that is in Your possession ("License"). This License gives You a personal, worldwide, non-exclusive, and non-assignable license to use the Software for the sole purpose of enabling You to use the Service in the manner permitted by the Terms or any additional terms or conditions TorchMedia may provide to You. If you download the Software this License shall be incorporated into and made part of the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TorchMedia, in writing. You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software, except as expressly set forth herein.
Using the Software and/or Service does not grant You with rights to any patents, copyrights, trade secrets, trademarks, source code or interest in the software or service. The Software may be automatically updated when a new version is available.
Elements of the Software may not be used separately from the Software or the Service unless expressly authorized in writing by TorchMedia. You may not try to derive source code unless authorized. By downloading the Software and using the Service you agree to comply with any local laws regulating the use of the Software.
You cannot license, sell, provide or distribute the Software for any prohibited use or to any prohibited end user. Software is a commercial item and is protected by U.S. copyright law and international treaty. Unauthorized distribution will be subject to criminal penalties.
2. Third Party software
Open source software is important to TorchMedia. The Software incorporates certain open source third-party software and code, which are licensed to you and subject to the license provisions of such providers. Therefore, you may use a source code version of certain Torch browser functionality and distribution free of charge under these public licenses. These licenses permit you to run, copy, modify, and/or redistribute the open-source components subject to certain restrictions described in the terms of these licenses which You should review. These Terms do not limit Your rights under, or grant You rights that supersede, the license terms of any particular open source component of the Software. The extent that any of the terms set out herein conflict with any terms contained in the third party open source license, the conflicting terms will not apply to the third party open source code. TorchMedia grants you a non-exclusive license to use its executable code version subject to these Terms. These Terms will also govern any Software upgrades provided by TorchMedia that replace and/or supplement the original product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Please review the license agreements linked below for the open source third party software currently in use with TorchMedia's software solution:
MIT License: http://www.opensource.org/licenses/mit-license.php
Open Source BT: http://opensource.bt.com/
3. Proprietary rights
To be clear, nothing in these Terms or License will be construed to limit any rights granted under the third party open source licenses mentioned above. Subject to the foregoing, TorchMedia, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Service and Software, except for the rights expressly granted in these Terms. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Software. This License does not grant you any right to use the trademarks, service marks or logos of TorchMedia or its licensors. You acknowledge and agree that the Services and the Software, including without limitation the Software's sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of Torch and its suppliers and is considered Torch's confidential information. The Software and Services are licensed and not sold to You, and no title or ownership to such Software or Services or the intellectual property rights embodied therein passes as a result of this License or any act pursuant to these Terms. The Software and Service and all intellectual property rights therein are the exclusive property of Torch, and all rights in and to the Software and Service not expressly granted to You in this Agreement are reserved.
4. Term and termination
The term of this License will commence upon Your download of the Software and, unless earlier terminated as provided in this Section 4, will continue in perpetuity. This Agreement will immediately terminate upon Your breach of this License. Upon the termination of this License, You will discontinue all use of the Software and/or Service, promptly destroy or have destroyed the Software and any copies thereof.
5. Additional terms