Torrch Terms of Service
Last Updated: August 17, 2021
You must be at least eighteen (18) years or older to participate in our Services and to use the Site. If you are not eighteen years or older, you may not use the Site or our Services.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE OUR SITE OR OUR SERVICES.
- Your Access to the Site and Services
1.1. License. Subject to the Agreement, Torrch grants you a temporary, limited, non-exclusive, revocable, non-transferable, and non-sublicenseable license to use the Site. By agreeing to grant such access, Torrch does not obligate itself to maintain the Site in its present or any future form. Torrch may modify or change the foregoing at any time in Torrch’s sole discretion.
1.2. Your Obligations. You agree to abide by the rules Torrch publishes with respect to your use of the Services and Site, and any other current or future rules and regulations communicated to you either by posting such rules or regulations to the Site or delivered to you by e-mail. Any such rules or regulations are incorporated into this Agreement. Torrch reserves the right to deny you access to the Services and Site if, in Torrch’s sole discretion, you have failed to abide by this Agreement. You also agree to follow all laws, rules, and regulations whether local, state, federal, or otherwise.
1.3. Authorization and Ownership. You represent and warrant that any information, data, documents, photographs or other images or videos, or any other content (“User Content”) that you upload, post, share, send, or otherwise provide in connection with the Services and Site, is either owned by you, or that you have the legal right to upload or provide such User Content. You further grant Torrch a limited, royalty-free, transferrable, sub-licensable, non-exclusive, worldwide license to host, copy, use, modify, publicly perform or display, create derivative works from, and distribute such User Content as part of Torrch’s Services. You agree to indemnify, hold harmless, and defend Torrch and its affiliates from and against any action, cause, claim, damage, demand, liability, or loss, including reasonable costs and attorneys’ fees, asserted by any person, arising out of, or relating to a claim that your upload or provision of User Content infringes or violates the rights of any third-party.
1.4. Accurate Information. You represent and warrant that all information and documents provided by you are accurate, truthful, and authentic. You agree not to falsely impersonate any third-party. You agree that any comments, opinions, reviews, statements, recommendations, or other representations you make or post are truthful and, for any such representations made regarding any third party (such as a business or service provider), that such representations are based on first-hand knowledge and are relevant to the quality of the goods or services provided by such third party.
1.5. Suspension. Torrch may suspend your access to the Services at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Services, if you have failed to comply with any of the terms of this Agreement, or if any information or documents provided by you are false, misleading, or deceptive.
- Prohibited Uses
The Site and Services are intended for your personal use only, and you agree not make any commercial use of the Site, Services, or any associated content. You acknowledge and agree that you will not and cannot:
- Reproduce, duplicate, copy, display, rent, sell, resell, or otherwise exploit the Site or its contents, descriptions, materials, or information for any purpose without the express written consent of Torrch;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from Torrch, from the Site, or acquired in connection with the Services;
- Use the Site or Services in any manner that infringes upon or violates the copyright, patent, trademark, or trade secret rights of another party;
- Use the Site or Services including, but not limited to, to upload, post, or send communications for commercial solicitation or political campaigning, any content or message that is harmful, threatening, abusive, harassing, vulgar, obscene, racist, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of Torrch;
- Upload, post, or transmit any viruses, trojan horses, or other malicious or harmful computer code or programs or otherwise use the Site or the Services to intentionally or unintentionally violate any local, state, federal, or other law; or
- Engage in any other activity deemed by Torrch, in Torrch’s sole discretion, to be in conflict with the spirit or intent of this Agreement.
You agree not to take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have towards anyone. You agree not to engage in any activity that in Torrch’s sole discretion violates the spirit or intent of the Agreement.
- Your Information and Data
- Intellectual Property
The Site and Services are legally protected through copyrights, trademarks, service marks, patents, trade secrets, and other laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site or Services. You agree you will not directly or indirectly copy, reproduce, modify, distribute, create derivative works from, or publicly display the Site or Services without Torrch’s prior express written permission. Except for the limited license identified in Section 1, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any trademark, copyright protected work, or other intellectual property.
- Content from Third-Parties
- Torrch’s Rights
All rights not expressly granted to you in this Agreement are expressly reserved by Torrch. This includes the following rights, which we reserve the right to exercise at any time:
- We can make changes to our Site and Services without notice
- We can edit or remove any content at any time and for any reason
- We can refuse service and suspend or terminate access to the Site or Services at any time in our sole discretion
- We can decline to offer our Site and Services at any time and for any reason in our sole discretion
You agree that Torrch is not liable for any damages that may result from taking any of the above actions.
10.1. Availability. You agree that from time to time the Services and Site may be inaccessible or inoperable in whole or in part for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Torrch may undertake from time to time; or (iii) causes beyond the control of Torrch or which are not reasonably foreseeable.
10.2. Recommendations from Churches and Other Independent Organizations. It is possible you may have heard of Torrch from a recommendation, posting, or other communication from a church or other third-party religious organizations. You may also interact with such organizations through our Services. You acknowledge and agree that such parties are independent from Torrch and that Torrch has no formal connection or relationship with such parties. You acknowledge and agree that such religious organizations have no control over, and are not responsible or liable for, the actions, statements, or omissions of Torrch or any other third party with whom you may interactive through the Services.
10.3 No Responsibility for Third-Party Actions or Statements. Torrch’s Site and Services are provided for the limited purpose of assisting you to connect with other people or entities. Torrch is not responsible for the actions, statements, or omissions of any other third-parties. Torrch will relay information, communications, and other content provided by third-parties to you, but we are not responsible for the accuracy, content, or any other aspect from such third-party information, communication, or content.
10.4. No Warranties. Torrch tries to keep the Site and Services working, error-free, and safe, but cannot guarantee that access to or use of the foregoing will be secure, uninterrupted, or free of errors or omissions. Torrch uses reasonable care and skill in providing the Site and the Services, but the Site and Services are provided without any warranties of any kind.
10.5. Disclaimer of Warranties.
THIS SITE AND THE SERVICES DO NOT PROVIDE PROFESSIONAL ADVICE. THE INFORMATION PROVIDED ON THE SITE AND AS PART OF THE SERVICES IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
TORRCH AND ITS AGENTS, OFFICERS, EMPLOYEES, SUCCESSORS, AND AFFILIATES PROVIDE THE SITE AND THE SERVICES “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND TORRCH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. TORRCH DOES NOT WARRANT (1) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES, (2) THE AVAILABILITY OF ANY CONTENT ASSOCIATED WITH THE SITE OR SERVICES, (3) THAT THE SERVICES OR THE SITE WILL MEET YOUR PARTICULAR NEEDS, (4) THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (5) THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (6) THAT DEFECTS WILL BE CORRECTED, OR (7) THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TORRCH OR A TORRCH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
- Limitation of Liability
IN NO EVENT WILL TORRCH, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, OR ANY THIRD-PARTY CONTENT LINKED TO THE FOREGOING, 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 BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT TORRCH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL TORRCH BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO TORRCH UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, hold harmless, and defend Torrch, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) your use of the Site or the Services; (ii) your breach of the Agreement; (iii) any information used, stored, or transmitted in connection with your use of the Site or Services; or (iv) your breach of the rights of any third-party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights.
- Monitoring and Enforcement
You acknowledge that Torrch has the right to (i) monitor your use of the Site and Services to ensure compliance with this Agreement; (ii) take any action with respect to any use of the Services that Torrch deems inappropriate in its sole discretion; (iii) take appropriate legal action, including without limitation, referral to law enforcement or disclosure of your identity, for any illegal or unauthorized actions.
- Governing Law; Mandatory Binding Arbitration.
This Agreement shall be governed by Minnesota law except for its conflicts of laws principles. You agree to resolve any disputes or claims arising out of or related to this Agreement, the Site, or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, the Services, or violation of any intellectual property rights. Such proceedings shall be brought in the federal or state courts in Hennepin County, in the State of Minnesota and you hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the city of Minneapolis and County of Hennepin, Minnesota in any legal suit, action, or proceeding arising out of or related to this Agreement.
This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country.
No waiver of any term, provision, or condition of the Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of the Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
This Agreement constitutes the complete and exclusive statement of the agreement between you and Torrch, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and Torrch.
Feedback, questions, comments, requests for technical support and other communications relating to the Site or Services should be directed to email@example.com.
- California Residents. The provider of services is Torrch LLC,. We can be reached at 651-407-1904. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
SERVICE PROVIDER ADDENDUM
The following terms apply to any business, seller, or other service provider that creates an account with Torrch or otherwise uses the Services.
- Compliance with Legal Obligations. You are solely responsible for ensuring that you comply with all federal, state, and local rules, laws, and regulations, including any privacy requirements, licensing requirements, anti-discrimination laws, anti-spam laws, and tax requirements. Such laws include, but are not limited to, the Children’s Online Privacy and Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), the Federal Educational Rights and Privacy Act (FERPA), the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and any other applicable laws, rules, or regulations. You are solely responsible for determining the applicability and compliance requirements of such laws.
- Independent Organization. You acknowledges and agree that there is no employer-employee relationship, partnership, joint venturer, agency, or other relationship. You agree that you and your organization are independent of Torrch for all purposes, including taxes, Social Security, retirement benefits, unemployment insurance, and any reporting requirements.
- No Guarantee. You acknowledge and agree that Torrch provides no guarantee that users of the Site or Services will purchase and/or utilize goods or services from you.
- Reviews and Recommendations. To the extent the Services provide users with an opportunity to provide reviews, recommendations, or similar content regarding businesses, providers, or other organizations, you acknowledge and agree that Torrch does not undertake an obligation to evaluate, confirm, investigate, or otherwise monitor such reviews, recommendations, or other statements and representations.
- Jobs and Employers. The Services may provide an opportunity for potential employers to solicit job applicants, or for users to solicit potential job placements. You acknowledge and agree that Torrch has no control over, or obligation to evaluate, confirm, investigate, or otherwise monitor, content related to employment solicitations. Torrch does not conduct background checks, evaluate resumes, or otherwise review the accuracy of information provided in connection with employment solicitations.
- Indemnification. Contractor shall indemnify, defend, and hold harmless Healers and its affiliates, respective officers, directors, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, expenses, and costs, including attorneys’ fees and disbursements, arising from or relating to communications, contact, goods, or services that you have had with any third party.