Torre terms of use

Torre terms of use

Last updated: May 22, 2020

Welcome to Torre.

The following terms of use ("Terms") set forth the basic rules that govern your use of Torre's Website that referred you to the Terms ("Website"). Please read these terms carefully. By accessing or using the Website, you agree that you have read, understand, and agree to be bound by the terms described in these Terms and all terms incorporated by reference. If you do not agree to all of these Terms, do not access or use the Website.

For purposes of these Terms, "Torre", "we", "us", or "our" means Torre Labs, Inc., a Delaware corporation having an office at 3141 Stevens Creek Blvd #40984, San Jose CA, 95117, USA (d.b.a. "Torre").

The Terms might be translated to other languages where the Website is localized but the original terms will always be found in English at the following address: https://accounts.torre.co/terms. In the event of any differences in meaning between the original English version and a translation, the original English version takes precedence. In case of dispute or arbitration only the terms in English will apply.

Content Licensing

The text, trademarks, trade names, trade dress, service marks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website ("Content") may be subject to patent, copyright, trademark and other intellectual property protection. Access to and use of this Website is solely for your personal use, information, education, entertainment, or enlightenment. You may download, copy or print the Content of this Website for your personal non-commercial use only, and unless otherwise permitted by a separate written agreement between you and us, you must not copy, distribute, or modify the Content, or repost the Content to another Website.

No right, title or interest in any of the Content of this Website is transferred to you as a result of any downloading, copying, printing or use of this Website or its Content. Nothing contained on this Website or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Content without our written permission or the written permission of such third party (as applicable) that may own or license the Content.

Subject to these Terms, you will retain ownership of all materials submitted by you to the Website, including but not limited to pictures. You hereby grant a non-exclusive, worldwide, perpetual license to Torre to use, reproduce, publicly perform, publicly display, distribute, and prepare derivative works of such materials.

No Endorsement or Liability for User-Generated or Third-Party Content

Although third-party materials ("Submission(s)") may be posted on this Website, the posting of those Submissions does not constitute our endorsement of those Submissions. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.

Reporting Claims of Copyright Infringement

We do not check Submissions for violations of copyright or other rights. However, if you believe any Submission violates your copyright or other exclusive right, you should follow the process below. We review reported violations and will remove or disable content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Copyright Notice”) should include the following:

  • Identification of the copyrighted work that is allegedly infringed, including a copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered.
  • A clear reference to the materials on the Website that you allege are infringing your copyright(s), such as a URL or link to such materials.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
  • Your electronic or physical signature.

You can send your Copyright Notice to:

        Gordon & Jacobson, PC.

        Attention: DMCA / Claims Agent for Torre

        60 Long Ridge Road, Suite #407

        Stamford, CT  06902

Alternatively you can submit the Copyright Notice electronically to dmca@torre.co to the attention of DMCA / Claims Agent for Torre.

Note that we will provide the user who is allegedly infringing your copyright with information about the Copyright Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then remove or disable the material. In all such cases, we will act in accordance with 17 U.S.C Section 512 and other applicable laws.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Copyright Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on this Website is infringing your copyright or other rights, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Reporting Claims of Trademark Infringement

We do not check Submissions for violations of trademark rights or other rights. However, if you believe any Submission violates your trademark rights or other right, you should follow the process below. We review reported violations and will remove or disable content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a trademark  infringement notice (“Trademark Notice”) should include the following:

  • Identification of the trademark rights that is allegedly infringed, including your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
  • A clear reference to the materials that you allege are infringing your trademark(s), such as a URL or link to such materials.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the materials in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the trademark owner or the owner of an exclusive right that is being infringed.
  • Your electronic or physical signature.

You can send your Trademark Notice to:

        Gordon & Jacobson, PC.

        Attention: DMCA / Claims Agent for Torre

        60 Long Ridge Road, Suite #407

        Stamford, CT  06902

Alternatively you can submit the Trademark Notice electronically to dmca@torre.co to the attention of DMCA / Claims Agent for Torre.

Note that we will provide the user who is allegedly infringing your trademark rights with information about the Trademark Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then remove or disable the material. In all such cases, we will act in accordance with 17 U.S.C Section 512 and other applicable laws.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Trademark Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on this Website is infringing your trademark(s) or other rights, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that your Submission posted on this Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification (“Counter-Notice”) with us. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the party that submitted the original Copyright Notice or Trademark Notice  (or an agent of that party).
  • Your physical or electronic signature.

You can send your Counter-Notice to:

        Gordon & Jacobson, PC.

        Attention: DMCA / Claims Agent for Torre

        60 Long Ridge Road, Suite #407

        Stamford, CT  06902

Alternatively you can submit the Counter-Notice electronically to dmca@torre.co to the attention of DMCA / Claims Agent for Torre.

The DMCA allows us to restore the removed content if the party that submitted the original Copyright Notice or Trademark Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material  on this Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

We have implemented a written policy to disable and/or terminate the accounts of users in appropriate circumstances due to repeat infringement.

Prohibited Use and Access

You are prohibited from using or accessing the Website or its Content for any unlawful, obscene, or immoral purpose, or any purpose that is likely to cause liability to yourself or others, including without limitation:

  1. to solicit others to perform or participate in any unlawful acts;
  2. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
  3. to infringe upon or violate our intellectual property rights or the intellectual property rights or privacy rights of others;
  4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  5. to submit false or misleading information;
  6. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet;
  7. to collect or track the personal information of others;
  8. to spam, phish, pharm, pretext, or otherwise contact users of this Website;
  9. to spider, crawl, or scrape the Content of this Website;
  10. to interfere with or circumvent the security features of this Website, other websites, or the Internet.

We reserve the right to terminate your use of the Website for using or accessing the site in any prohibited manner.

Website Updates and Accuracy

We undertake no obligation to update, amend or clarify information on this Website, including, without limitation, pricing or product information, except as required by law. No specified update or refresh date applied on this Website should be taken to indicate that all information on the Website has been modified or updated. Please remember when reviewing information on this Website that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Website to become inaccurate or incomplete.

On occasion, information on this Website may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, product descriptions, or product shipping charges and transit times. We reserve the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate (including after you have submitted your points for redemption).

This Section is not intended to limit the disclaimer in Section 7.

Limitations on Liability

You acknowledge, by your use of this website: (1) that your use of this website is at your sole risk; and (2) that we will not be liable for any damages of any kind related to your use of or inability to use our website, including, without limitation, failure of performance, error, omission, interruption, computer virus, or network or internet failure, or including, without limitation, direct, indirect, punitive, incidental, special, compensatory or consequential damages, lost profits or loss of or damage to property whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages. In no event will our, our affiliates', agents', licensors' or suppliers' total liability for any claims related to this website exceed 50 dollars.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our affiliates', agents', licensors' and suppliers' damages in such jurisdictions are hereby limited to the extent permitted by law.

Disclaimer

The content provided on this website is provided "as is" and "with all faults". We make no warranty or representation, either express or implied, as to its use, availability, content accuracy, appropriateness or performance of this website. As a user, you assume all risks and responsibilities for your use or non-use of the website, and we make no representation that the content appearing on or downloaded from this website is compatible with your computer or free from error or viruses. None of our employees, agents or representatives is authorized to modify or amend this warranty. To the extent allowable by existing law, we disclaim all other warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, with respect to this website and its content. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.

We reserve the right to alter or remove website content, or suspend or terminate your use in any way, at any time, for any reason, without prior notification, and we will not be liable in any way for possible consequences of that action.

Indemnification

You agree to indemnify and hold us, our directors, officers, employees, agents, business partners and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to your use of this website or breach of these terms.

Termination

The Terms will remain in effect until you cease using the Website. Notwithstanding anything in the Terms to the contrary, the parties understand and agree that all terms and conditions of these Terms that may require continued performance, compliance, or effect beyond the termination date of the Terms will survive termination of these Terms and will be enforceable by the parties. We may also terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to this Website, if in our sole discretion, you fail to comply with any term or provision of these Terms. Upon any termination of these Terms, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as copies of such materials, whether made under these Terms or otherwise, unless otherwise permitted by separate written agreement with us.

Arbitration

All disputes arising out of or relating to these Terms (including its formation, performance, interpretation, applicability, enforceability or alleged breach) or your use of our Website will be exclusively resolved under confidential binding arbitration held in California in accordance with the rules and procedures of the American Arbitration Association ("AAA"). The parties shall request that AAA appoint a single arbitrator. The award rendered by the arbitrator will be binding and may be entered as a judgment in, and enforced by, any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal courts located in California to enforce these terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

Governing Law

These Terms will be governed by and construed in accordance with the laws of California, without regard to its conflicts of law rules. For all disputes arising out of or relating to these Terms that cannot be resolved as specified under Section 10, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California.

U.S. Federal Government International Sanctions

In accordance with U.S. law we will not export to or acquire services with residents in the following countries: Burma, Cuba, Iran , North Korea, Sudan and Syria. We also reserve the right to not export or contract services with any person in the world that is subject to sanctions and embargoes as dictated by the United States Department of Treasury or any other implementing U.S. Government Agency.

Notice

When you visit this Website or send e-mails to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may e-mail general notices to: legal@torre.co.

Privacy Policy

You agree to comply with the terms of the Website's Privacy Policy, which is incorporated by reference into these Terms.

Other

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction, or that you are the age of majority in your state of residence or geopolitical jurisdiction. These Terms are effective as of the Effective Date. None of our employees, agents or representatives are authorized to modify or amend these Terms. Unless specifically mentioned herein, the provisions and conditions of these Terms constitute the entire agreement between you and us related to the use of the Website and supersede any prior agreements or understandings not incorporated in these Terms. Certain users may have other contracts with us, and in cases of any conflict between the terms of such contracts and these Terms, the terms of the other contract will apply.