Terms of Use
PLEASE READ THE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE
WWW.TORCHBROWSER.COM ("WEBSITE") AND ITS RELATED SERVICES, INCLUDING OUR BROWSER
SOFTWARE AND APPLICATIONS ("SOFTWARE"). THE WEBSITE AND BROWSER SOFTWARE MAY ALSO
BE REFERRED TO COLLECTIVELY IN THESE TERMS AS THE "SERVICE". THE TERMS CONSTITUTE AN
AGREEMENT BETWEEN TORCH MEDIA, INC. ("TORCHMEDIA") AND YOU ("YOU" OR "YOUR") GOVERNING
YOUR ACCESS TO AND USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO
BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT
USE OR ACCESS THE WEBSITE OR SOFTWARE. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS
AGREEMENT, THEN TORCHMEDIA IS UNWILLING TO LICENSE ANY OF ITS SOFTWARE OR SERVICES TO
YOU, AND YOU MAY NOT USE THEM AND YOU MUST IMMEDIATELY REMOVE THE SOFTWARE YOU HAVE
DOWNLOADED OR INSTALLED FROM ALL DEVICES.
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.
WEBSITE TERMS OF USE
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 OF TERMS
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.
5. TERMINATION
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.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND
EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR
STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU
AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY
PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TORCHMEDIA,
ITS AFFILIATES, ITS
LICENSORS, ITS PARTNERS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, EXEMPLARY,
PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST
DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY
TO USE THE WEBSITE,
SOFTWARE, SERVICE, THE CONTENT, RESULTS OBTAINED, INFORMATION OR
SERVICES WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT TORCHMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO
THE EXTENT PERMITTED BY LAW,
THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND
ARE LIMITED TO THOSE
EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
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.
8. INDEMNITY
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.
10. PRIVACY POLICY
The Privacy Policy governs TorchMedia's use of personal information, and is incorporated herein by
reference. The Privacy Policy is available at http://www.torchbrowser.com/privacy
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.
12. MISCELLANEOUS
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 notice@torchbrowser.com or by writing to Attention: Torch Media Inc., 53rd E street, Urbanizacion Marbella, MMG Tower, 16th Floor, Republic Of Panama.
TORCHMEDIA SOFTWARE LICENSE AND TERMS OF USE
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:
GNU: http://www.gnu.org/licenses/lgpl.html
BSD: http://www.opensource.org/licenses/bsd-license.php
Chromium: http://www.chromium.org
MIT License: http://www.opensource.org/licenses/mit-license.php
Open Source BT: http://opensource.bt.com/
BSD: http://www.opensource.org/licenses/bsd-license.php
Chromium: http://www.chromium.org
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
Please be aware that the provisions for the Website Terms of Use entitled "Disclaimer of
Warranties", "Limitations of Liability", "Indemnification", "Privacy" and "Miscellaneous" are
incorporated into this License and apply to Your use of the Software.
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