TorrentValley.com TERMS OF USE

Terms of Service Agreement

TERMS AND CONDITIONS FOR USING THE SEARCH ENGINE TORRENT VALLEY

This document contains the Terms and Conditions for using the search engine on the TORRENT VALLEY website.
By clicking on the "I Agree" button located at the end of these Terms and Conditions, you acknowledge and state that you have read, understand, agree to and accept to be obliged by the Terms and Conditions.
The service provided by the search engine consists in locating torrent files on the World Wide Web.
The web site does not contain torrent files or works for whose circulation we have not been transferred copyright for.
The website does not contain any work that is in breach of copyright or other rights. No torrent files are located on the website, nor is file exchange performed through the web site.

I. DEFINITIONS

1. In interpreting and applying these Terms and Conditions, the following definitions shall be used:
1.1. "TORRENT VALLEY" (referred to hereinafter as OPERATOR) is a website that provides search engine for location of the torrent files on the World Wide Web.
1.2. A "USER" is an individual who, after registration, uses the services provided by the OPERATOR.
1.3. "Malicious act" is defined as an act or failure to act that can be qualified as an offence or administrative violation according to Bulgarian legislation or according to the applicable legislation of another country, as well as an act or omission which is in breach of Internet ethics, good morals, or causes harm to individuals connected to the Internet or associated networks. The following acts shall be deemed malicious, though the list is not exhaustive: sending unsolicited mail (spamming, junk mail), overloading channels by sending unsolicited IP packages so as to generate unsolicited traffic (flooding), gaining access to resources with another person's authorizations or passwords, making use of system flaws so as to derive own benefit or obtain information (hacking), performing acts that can qualify as industrial espionage or sabotage, damaging or destroying systems or data arrays (cracking), sending "Trojan horses", causing installation of viruses, systems enabling remote manipulation or monitoring of other individuals' information (sniffing), interfering with Internet and associated networks users' regular work, and the like.
1.4. A "USER profile" contains information about a USER stored on the OPERATOR'S server, made available in the process of registration while concluding the contract. Only the USER and the OPERATOR have access to the user profile. The USER obtains access by entering an e-mail and password.
1.10. "Information system" is defined as a device or system of connected devices which or one of which is intended to store, send or receive electronic documents.

II. ACCEPTANCE OF THE TERMS AND CONDITIONS

2. By clicking on the "I Agree" button located at the end of these Terms and Conditions, the USER acknowledges and states that he has read, understands, agrees to and accepts to be obliged by the Terms and Conditions.
2.1. By clicking on the "I Agree" virtual button, the new USER makes an electronic statement; by being saved on the OPERATOR'S server, the electronic statement acquires the status of an electronic document.
2.2. The OPERATOR shall store, via a conventional transformation standard enabling the retrieval and storage of log files, the USER'S IP address and any other information serving to identify the USER and retrieve his electronic statement of acceptance of the Terms and Conditions, in the event of a court dispute.
2.3. The contract between the USER and the OPERATOR shall be deemed concluded and effective from the moment the USER makes his statement. The contract shall have unlimited duration, until it is terminated by one of the parties, in accordance with the conditions laid down below.

III. AMENDMENTS TO TERMS AND CONDITIONS

3. In view of the regular updates, modifications, improvements and development of the service, as well as in view of potential changes in legislation relevant to the service provided, the Terms and Conditions are subject to unilateral amendment by the OPERATOR. Such amendment may also take place on altering the type, nature or technology of the service provided, as well as in the event of changes in the economic conditions.
3.1. The OPERATOR shall notify the USER of any amendments to the Terms and Conditions by publishing on the website (or emailing the address provided upon registration) an announcement of the amendment to the Terms and Conditions and the text of the amendment, while allowing sufficient time for the USER to acquaint himself with the changes.
3.2. If the USER does not immediately reject the changes in a message sent to the OPERATOR, he shall be deemed bound by the changes. The OPERATOR may immediately discontinue the service provided to a USER who has rejected the terms of the contract, which will be deemed tacit termination of contract.

IV. CONTRACT SERVICE

4. The OPERATOR shall provide the USER with the services described in these Terms and Conditions, while the latter shall act in strict observance of the requirements laid down herein.
4.1. The service includes enabling the USER to use the website search engine to locate torrent files on the whole World Wide Web.

V. INTELLECTUAL PROPERTY RIGHTS

5. The rights on the database located on the OPERATOR'S website, including titles/names of films, music, games, software, etc. as well as further information and reviews thereof or concerning the actors, directors, authors, performers, etc. involved, are protected by the copyright. Any use of that information shall be subject to OPERATOR'S prior consent. This applies particularly, but not exclusively, to the reproduction, processing and transmission of the content in other databases or other electronic media and systems.
5.1. By concluding the contract, the USER acknowledges that the OPERATOR is the holder of the rights on the database located on the website.
5.2. The Information in the database is provided for personal use only. Producing copies of the catalogue or parts thereof for third parties (e.g. for sale, rent or circulating copies on compact discs) is strictly prohibited.

VI. USER REGISTRATION

6. In order to use the service provided by the OPERATOR, the USER shall register by completing an online electronic registration form and agree to these Terms and Conditions.
6.1. When filling in the form the USER shall provide complete and accurate information regarding his identity, such as is sufficient to identify him as a party to the contract, a valid email address and other data required in the OPERATOR'S form, and shall also update that information within 7 days of any change that occurs.
6.2. A USER is allowed to register once only. Registration under an altered name, fictitious name or another person's name is prohibited.
6.3. In the event that a USER provides inaccurate data or does not update information that has changed in the time limits laid down in the preceding paragraph, the OPERATOR, after detecting this fact, may immediately discontinue the services and cancel that USER'S registration. The discontinuation of services is deemed tacit termination of contract.

VII. USER NAME AND PASSWORD

7. On registration, the USER shall provide his email address and select a password. If the password is not in use yet, the USER shall have it assigned to him in the way he has requested it. Thereby the USER gains access to the OPERATOR'S website content.
7.1. The USER is fully responsible for keeping his email and password to himself, as well as for all acts performed by him or third parties using his email and password.
7.2. The USER shall take all necessary measures reasonably required to protect his email and password.
7.3. The USER shall not disclose to third parties his password, and shall immediately notify the OPERATOR of any instance of actual or potential unwarranted access. Notwithstanding, the USER shall notify the OPERATOR of any unauthorized use of the service provided.

VIII. USER RIGHTS AND RESPONSIBILITIES

8. The USER may at any time, at his own discretion, stop using the services provided by the OPERATOR.
8.1. When using the service provided by the OPERATOR, the USER shall not load, place on OPERATOR'S server, send or use by any means, or disclose to third parties information, data, text, sound, files, software, music, photographs, graphics, video- and audio-materials, messages, and any other materials:
- that are at variance with applicable legislation, these Terms and Conditions, Internet ethics or good morals;
- that contain threat to human life and physical integrity;
- that propagate discrimination on the basis of gender, race, education, age or religion; that advocate fascist, racist or other non-democratic ideologies;
- with pornographic content or any other content threatening the normal psychological development of underage persons or violating moral norms.
- that contain child pornography, sexual violence, or hyperlinks to such content;
- whose content infringes on human rights and freedoms according to the applicable legislation or any related international agreements;
- that are commercial, official or private secret or other confidential information;
- that are subject to copyright, except in the cases when the User is the holder of that right or has received the right-holder's consent;
- that infringe on any property or non-property rights or lawful interests of third parties, including, inter alia, ownership and intellectual property rights.
- that undermine another person's good name and encourage a forced change in the constitutionally established order, crime, violence, or racial, national, ethnic or religious hatred;
- that contain information about other persons' passwords or access authorizations, without the consent of their holder, or software for gaining access to such passwords and authorizations.
8.2. When using the services provided by the OPERATOR, the USER shall:
- not perform malicious acts, as defines in Para. 1.3.;
- immediately notify the OPERATOR of any cases of committed or detected abuse of the services provided;
- not identify as another person or a representative of a legal person or group that he is not authorized to represent, or otherwise delude third parties with regard to his identity or affiliation to a group;
- duly inform the OPERATOR of any damaged files detected, so that those are removed;
- not use methods leading to forced loading of unsolicited Internet content (pop-ups, blind links and suchlike).
8.3. The USER shall under no circumstances provide information downloaded from the database to third parties, or else he shall be fully responsible for the actions of such third parties according to these Terms and Conditions.
8.4. The USER is obliged to indemnify and reimburse the OPERATOR in case of claims and other pretensions from third parties (regardless they are lawful or not), in case of any loses, damages and expenses (including legal fees and court taxes), directed or in connection with (1) breach of any of above pointed obligation of the USER and (2) breach of copyright and allied rights.

IX. OPERATOR RIGHTS AND RESPONSIBILITIES. DISCLAIMER

9. The OPERATOR shall take due care to enable the USER to properly use the service agreed in this contract. The OPERATOR shall not be obliged and is not able to control the manner in which the USER uses the service provided. By accepting these Terms and Conditions, the USER acknowledges and states that he accepts the full risk of and responsibility for using the service provided. The OPERATOR shall not be liable for any potential damage caused to the USER while using the service provided, unless willfully caused by the OPERATOR.
9.1. The OPERATOR does not make any transfer of files through its website, whereas those being on it contain information regarding the search performed by the USER. With this regard the OPERATOR takes no responsibility for any breach of copyright and allied rights, made by the USER in connection with transfer of files with third parties in Internet. He is not responsible for any loses, damages and expenses with above mentioned regard.
9.2. The OPERATOR is entitled, but not obliged, to store used materials and information located on his server and make it available to third parties and the relevant government authorities when this is needed to protect the rights, lawful interests and the security of the OPERATOR or third parties, as well as in the cases when the information is demanded by the relevant government authorities.
X. RESPONSIBILITY FOR TECHNICAL FAILURES
10. The OPERATOR shall not be held liable for failure to provide the services in circumstances beyond his control - force majeur, accidental occurrences, problems in the World Wide Web and in service delivery that are beyond OPERATOR'S control.
10.1. The OPERATOR shall not be liable for any disturbances or technical problems precluding the use of services arising from the operation of the USER'S equipment.
10.2. By accepting these Terms and Conditions, the USER acknowledges and states that he understands the possibility for potential interruptions and other obstacles in connecting to the website that may occur despite OPERATOR'S due care. The USER declares that he shall not claim from the OPERATOR any compensation for benefits forgone, damage or discomfort suffered, resulting from the above interruptions or obstacles in Internet connection, including the capacity of the connection.
10.3. The OPERATOR does not guarantee that service delivery shall be uninterrupted, timely, secure, error-free, as far as this is beyond OPERATOR'S control and good will. The OPERATOR shall not be responsible for the service reliability, quality, uninterrupted delivery, or liable for loss of information stored by him, system failures, or service-related problems.

XI. TEMPORARY SANCTIONS

11. The OPERATOR may suspend, limit or modify the services provided for a USER immediately and with no prior notice, when the USER uses the services at variance with the Law, these Terms and Conditions, Internet ethics, good morals, the Terms and Conditions of Use of Service or other applicable requirements. This right shall be exercised by suspending or limiting access to user names and passwords, blocking USER'S access to OPERATOR'S website, etc.
11.1 In the above-stated cases, the OPERATOR shall not be liable for damage suffered and benefits forgone resulting from the suspension, modification or limitation of services, the deletion, modification, loss, inaccuracy or incompleteness of messages, material or information transferred, used, stored or made accessible via the OPERATOR.
11.2. When there is reasonable doubt that a USER'S act may constitute a crime, the OPERATOR shall refer to the competent government authorities and provide them with all necessary information and materials that may help identify the perpetrator and prove the offence.
11.3. In the cases laid down in the preceding paragraph, if a temporary sanction is been imposed on a USER - suspension, limitation or modification of the services provided, but the contract is not rendered null and void by the OPERATOR, the temporary sanctions shall be sustained until the facts have been searched out.
11.4. If the measures taken prove unjustified, the services provided for the USER shall be fully restored; if not, the OPERATOR may unilaterally terminate the contract.

XII. COMPENSATION

12. The USER shall compensate the OPERATOR and all third parties for any damage suffered and benefits forgone, including fines paid, any costs and legal charges and fees resulting from claims filed and/or compensation paid to third parties in connection with use of OPERATOR-provided services that is at variance with applicable legislation, these Terms and Conditions, good morals and Internet ethics.
12.1. In addition to the above, the USER shall compensate the OPERATOR for any damage resulting from use of the services by third parties' to whom the user has disclosed his password.

XIII. CONTRACT TERMINATION AND CANCELLATION

13. The USER may at any time, at his own discretion, stop using the services provided by the OPERATOR, and also request to have his registration cancelled, whereby the contract concluded with the OPERATOR shall be deemed tacitly terminated.
13.1. Either of the parties may cancel this contract in the case of breach of contractual obligations.

XIV. PRIVACY

14. The OPERATOR takes due care of and is responsible for the protection of User data, obtained on account of delivering the service agreed in these Terms and Conditions, except in cases of force majeur, accidental occurrences or malicious acts by third parties.
14.1. By agreeing to these Terms and Conditions, the USER agrees that the information about him shall be treated in the manner provided for herein.
14.2. The information referred to in the preceding paragraph may be used by the OPERATOR to offer new services (free-of-charge or paid), for promotions, lotteries, enquiries, statistical and other purposes, except in the case of User's express refusal, stated upon registration or sent subsequently to the following email address: …………………
14.3. The OPERATOR may use the information collected in order to offer his own commodities and/or services or ones offered by other persons, to make enquiries on various issues, polls, etc.
14.4. The uses of information described above are not exhaustively listed and result in no obligations for the OPERATOR.
14.5. The OPERATOR shall not keep track of, edit or disclose any private information concerning the USER or his use of the service, and shall not make the information collected available to third parties -- government authorities, companies, natural persons, etc., except:
- if he has obtained USER'S express consent upon registration or at a later time;
- if the information is demanded by government authorities or officials that, according to the legislation in force, are authorized to demand and collect such information in compliance with the procedures prescribed by law.
- on other occasions specified in legislation.
14.6. The information specified in the preceding paragraph may be disclosed and made available to third parties only for the purposes specified above or for other purposes not prohibited by law.
14.7. The OPERATOR shall not be held liable if the data provided by the USER are inaccurate and he has thereby caused harm to a third party.
14.8. The USER is entitled, by using his user name and password, to access the information collected about him upon registration, and stored in his user profile. He may make changes to that information while observing the requirements of these Terms and Conditions.
14.9. The OPERATOR shall ensure that the USER is able at all times to prohibit making all or part of his private data available for commercial, advertising or marketing purposes, by changing the settings in his user profile or by sending an email message to that effect.

XV. OTHER TERMS

15. The written statements and messages provided for in the contract and these Terms and Conditions shall be deemed valid if they are made in the form of collated telegram, registered letter with advice of delivery, facsimile message, email message, clicking on a virtual button in OPERATOR'S website, and the like, provided that the statement is technically recorded in a retrievable form.
15.1. By accepting these Terms and Conditions and concluding the contract, the parties state their consent to deem electronic messages between each other received on their delivery at the information system specified by the addressee; no express acknowledgement of receipt shall be required. When the message is addressed to the OPERATOR, the message delivery at the OPERATOR'S POP3 servers shall be deemed delivery at the information system specified by the addressee. When the message is addressed to the USER what shall be deemed delivery at the information system specified by the addressee is message delivery at the email account provided during registration, located on a server of the respective domain supporting the account.
15.2. In the event that the USER has provided an invalid email account, the message shall be deemed received once it is sent by the OPERATOR, even if it has not been received.
15.3. The parties agree that in the event that some of the clauses of these Terms and Conditions become null and void, this shall not render the contract, other clauses or parts thereof null and void. A null and void clause shall be superseded by the imperative provisions of the law or the established practice.
15.4. This Agreement, its interpretation, performance or any breach thereof, as well as any issues not regulated by this contract, will be construed with accordance with, governed by, and determined by the legislation of the registered office and seat of the company owner of the Operator.
15.5. Any disputes between the parties shall be resolved on the basis of agreement and good will, including the procedure specified above. In the event that an agreement is not reached, any unresolved disputes between the parties arising from the contact or related to it, including disputes arising from or related to its interpretation, nullity, execution or termination, as well as disputes regarding gaps in the contract or its adaptation to new circumstances shall be resolved by a chamber of three arbitrators at the Court of Arbitration at the Chamber of Commerce and Industry situated in the country of the registered office and seat of the company owner of the Operator, in compliance with its Regulations for Cases Based on Arbitration Agreements.


Last updated on 2006-09-22