USER AGREEMENT

The following User Agreement (“Agreement”) is a public offer that contains full terms and rules governing participation, and regulates relations between the Administration and owner of the website torrentstream.org (“Torrent Stream”), and you (the Member and “User” of the Torrent Stream System), collectively referred to as “Parties”.

Using Torrent Stream, its Services and Products, including players based on the Torrent Stream platform, the User confirms that he has read and fully agreed with the terms of this Agreement.

Some services of Torrent Stream can be regulated and supplemented by separate rules and terms, as an additional or separate agreement.

User Agreement can be changed by the Administration of Torrent Stream without any special notice, unilaterally. The new edition of the Agreement enters into force from the moment of its publication, unless something else is provided by the new edition of the Agreement. Provisions of the new edition of the Agreement become obligatory for all registered earlier users from the moment of their first use of Services and/or Service Products after its publication. If the User does not agree with the new Agreement’s rules and terms, they must immediately delete their account from the Torrent Stream System and discontinue use of Services and Service Products of Torrent Stream System, including visiting the website.

You can always find the current version of the Agreement on the webpage at http://torrentstream.org/agreement.html.

TERMS

“Torrent Stream System” is a comprehensive, automated control system for audio/video content on the Internet, with a set of tools (Services, Products) for providing interoperability, accountability and respect of the interests of the authors/owners of video and audio content, the owners of Web resources and developers of specialized products, advertisers and media agencies, and most importantly, Internet users who want to publish and share any audio and visual information legally and free of charge.

“The Member of the Torrent Stream System” (User) is any person or entity that has signed this Agreement, or that use the Services and/or Service Products of Torrent Stream.

“TS Media Center” is an automated software-hardware complex, which consists of a set of Services, Service Products and Applications, integrated with the Website and submitted as a single/common web interface for easy and comfortable management of media content on the Internet.

“Internet” is a worldwide global computer network.

“Web resource” is a set of integrated software and hardware tools and information for publication on the Internet and displayed in a certain text, graphic or audio form. Web resource is available to Internet users through a domain name and URL (Uniform Resource Locator)—a unique email address allowing you to access information and software-hardware complex.

“Website” is the information resource on the Internet at the unique address (URL): http://www.torrentstream.org that is submitted as a set of web pages through which Services and/or Service Products of Torrent Stream are/will be provided, and which meet the requirements of this Agreement.

“Web page” is a page (HTML-document) of a web resource.

“User’s personal pages” – section of the Website available to the User after registration whereby the User manages their account, creates web player, controls a media center and performs other activities associated with the use of the Website.

“Service(s)” – all services provided on the Website in the “Tools” section.

“Service Products” – all software products provided on the Website in the “Products” section.

“Applications” – all services and products provided on the Website in the “Applications” section. These services and products are extraneous services and products that are integrated by their owners/developers or directly by Users through the software tools, which are freely available to all Members of the Torrent Stream System. Torrent Stream does not control, and is not able to control, the operation of such services and products.

“Administrative service of Torrent Stream” – software and hardware complex that belongs to the Administration (Owner) of the web resource torrentstream.org, intended for the fulfillment of mutual obligations by the Parties under the agreements and treaties.

“Protocol BitTorrent” is a technology of distributed spread of files—usually of a large amount. It is characterized by high speed and partial decentralization. BitTorrent protocol uses DHT, therefore can also work without a central server (so-called tracker).

More information:

The official BitTorrent website

Brian's BitTorrent FAQ and Guide

The Wikipedia BitTorrent page

“Torrent file” is a small metadata file. Metadata here means that the file contains information about the data that you want to use, but not the data itself.

“Registration” is a procedure in the Torrent Stream System, according to which the User is able to use advanced features of the Website, and Torrent Stream Systems in general.

“ID” – Login (Email) and Password, that were specified by the User in the registration data as well as 32-digitalphanumeric code that is automatically assigned to the User after their registration in the Partnership Program of Torrent Stream.

“Personal data of the User” – the data specified and provided voluntarily by the User for the Torrent Stream System. The provided data is stored in a database of Torrent Stream and will be used only in accordance with the terms of this Agreement.

“Partner” (the member of the Partnership Program of Torrent Stream) – any person or entity that has completed registration in the Partnership Program of Torrent Stream within a special section of Media Center of Torrent Stream or the website torrentstream.net, and has the legal authority to enter into the Partnership Agreement.

“Partnership Program of Torrent Stream” – a form of business cooperation between Parties and based on the terms and rules of the Partnership Agreement.

“Materials” – the information in any form: video, audio, photos, graphics, text and any others.

“Cheat” – repeatedly pressing and running commercials by a person without a video viewing purpose, increasing the number of views and/or conversions to the websites of advertisers.

DESCRIPTION OF SERVICES

The Torrent Stream Website gives users the access to Services and Service Products, including various communications services available via computer and/or a variety of mobile/portable devices—including wireless, using any technology, standards, protocols, etc.

The basic core of the Torrent Stream System is a service for creating web-players (TS Player), which can be used freely and for personal purposes. Within the website you are able to create your own playlists and directories in your personal media center with or without public access. You can place links to your player content or the player itself on any website page, forum, or blog by opening up access for other users to the players in your personal directory.

Torrent Stream web-player (TS Player) plays video while downloading it from the network using protocol BitTorrent with Torrent files.

The User is aware of the mechanism of the BitTorrent protocol and agrees that part of their Internet connection, as well as the computing power and hard disk space of their computers or other devices in use, may be involved in a distributed system of storage, delivery and publication of audio/video content.

The User is given a basic set of Services and Service Products without charging a fee for their use. Using this basic set, the User can import and export materials by working with third-party web resources by TS Media Center. This set of services and products is designed to create and design your own directory of media content and personal information database for personal, noncommercial use.

The User’s directory in TS Media Center consists of an unlimited number of custom pages and players—content on which is formed/placed by the User without any pre-moderation/verification by Torrent Stream. This directory is not intended for public access. It is the User's home directory for personal use.

The User may open personal pages from their own directory for public access and viewing if the User understands and accepts full responsibility for the publication of the material placed by them on the Internet by the personal directory (personal pages) in the TS Media Center.

To obtain additional Services and/or extended functionality of Service Products, the User must read and accept the additions to this Agreement, or a separate agreement, which will be located in the section with such Services and/or will be attached as a separate document with Service Products.

Services provided on the pages of the Website in the form of Applications are third-party services and web resources that are integrated with the Website by their owners/developers, or directly by Users through the software tools, which are freely available to all members of the Torrent Stream System.

Torrent Stream, through its own distribution system, provides Users with license content with the possibility of its free distribution through Services and Service Products.

RIGHTS AND OBLIGATIONS

Rights and obligations of Torrent Stream

Torrent Stream provides Users with Services free or for a fee, and supports their working condition.

Torrent Stream provides Users with Service Products free or for a fee, and carries out their technical support.

Torrent Stream has the right to unilaterally modify the list of Services and Service Products. Notice of intended change of Services and Service Products is published in open access three days prior to the introduction of such changes in the Media Center in the section “Info” and on the webpage http://torrentstream.org/info.php.

Torrent Stream has the right to store and use (processed, etc.) personal information of the Partner for the organization of activities related to the provision of Partner Services and Service Products, as well as to perform other tasks that meet the conditions of this Agreement.

The User provides Torrent Stream with a nonexclusive license to make available to the public material posted by the User in the Media Center for public viewing—including reproduction, distribution, processing, and public display. The author of materials referred to in this paragraph retains all property and personal copyrights.

Torrent Stream has the right to send messages to the User at the email address provided at registration or account profile in the Media Center.

Torrent Stream has the right to cancel the Registration and deny Users access to Services and functions of Service Products if it considers that the activities of the Partner does not comply with the rules and terms of use, as well as in the case of official data (court decision) on the illegal activities of the User when using the Services and Service Products according to legal regulations of the State under whose jurisdiction they reside. Torrent Stream reserves the right not to give explanations to the Partner about the reason for cancellation of registration and denial of access to Services.

Torrent Stream displays promotional materials for Users of Services and Service Products, while at the same time monitoring the quality level of such materials.

Rights and obligations of the User

The User has the right to freely use all basic Services and Service Products, according to the terms of this Agreement.

The User provides the appropriate storage of their Password/Login without access by third parties, and their timely replacement in case of loss or other necessity. The User is responsible for the security of their login and password, and for all actions taken on the Website or using Services under this login and password. The User has to immediately notify Torrent Stream of any reported cases of unauthorized access using their login and password, and/or any other breach of security. The User is obliged to implement completion of the work under their login (using the “Exit” button) at the end of each session of work on the Website.

The User agrees not to use Services and Service Products for the publication and distribution of content that includes:

Information and materials forbidden for publication and distribution according to the laws of the State under whose jurisdiction they reside.

Advocacy of violence, racism, or other forms of discrimination (regardless of the legislative norms of the State).

Child pornography (regardless of the legislative norms of the State).

Information offending the religious feelings of believers of any religion (regardless of the legislative norms of the State).

The User has the right to publish and post content through Services and Service Products only if they have the right to publish and distribute them according to the norms of law of the State under whose jurisdiction they reside.

The User is forbidden to “cheat” in any form by viewing advertising impressions and conversions, or promoting such actions elsewhere.

It is forbidden to use automated scripts (programs) to collect information and/or to interact with the Website and its Services without entering into additional agreement with Torrent Stream.

RESPONSIBILITY AND DISCLAIMER OF WARRANTIES (RESPONSIBILITY)

Torrent Stream guarantees the confidentiality regarding personal information and other information supplied by the Partner.

Providing the User‘s personal information to third parties can only be made by a court decision of the State under whose jurisdiction the Torrent Stream Website resides on the grant date of such adjudication.

Torrent Stream provides Users with Service and Products “as is” without any kind of warranty, including to third parties, and will have no responsibility related to the use of provided Services, Service Products and other services.

Registration at the Torrent Stream Website and the work of all basic Services and Service Products are implemented and provided automatically. All responsibility for illegitimate use of Services and Service Products on the Website lies with the User who unlawfully uses them, thereby violating the terms of this Agreement.

The Torrent Stream Website is open to public access and is not pre-moderated. Therefore, Torrent Stream is not responsible for any content of the User or third parties placed on the personal pages of Users. All responsibility for their content lies solely with the User into whose possession and control are those pages.

Torrent Stream does not control the content used by Internet users through Service Products, and accordingly gives no warranty for its quality, and is not responsible for its content. The person who distributes and publishes the content using Services and/or Service Products of Torrent Stream is responsible for this content and its quality.

Torrent Stream does not control and is unable to oversee the work of services and products presented on the website as Applications. You acknowledge and agree that Torrent Stream is not responsible for: conformity or accuracy of such services and/or submitted web resources, or the content, products, or services available through such applications/services. Submitted Applications do not imply any endorsement by Torrent Stream of such services or web resources, as well as the content, products, or services available through such Applications. With this Agreement you acknowledge full individual responsibility for all possible risks associated with the use of any such Applications (Services). All claims relating to the work, content, and Application functionality can be directed only by their developers/owners.

Torrent Stream is not responsible for a violation by the User of copyrights and related rights of third parties.

Torrent Stream is not responsible for non-performance or improper performance of its obligations due to failures in the telecommunications and energy networks, the actions of malicious programs, default orders of payment systems and/or banks, as well as unfair actions of third parties to obtain unauthorized access, and/or removal failure of software/hardware complex of Torrent Stream.

Torrent Stream does not cover losses, which were obtained as a result of lax security of the User’s login and password, and led to the entrance by third parties into the system on the User's behalf.

The User is responsible for the security of their login and password and for all acts committed by the use of the Service, as well as for all actions committed under the given login and password. In case of claims by third parties associated with events caused by the User, the User guarantees settlement of these claims independently and at their own expense. In such cases Torrent Stream reserves the right, in its sole discretion, to transfer any information about the User to the authorized third parties who submit sufficient (in the opinion of the Administrator) evidence of a breach by the User of anyone's rights, legal requirements, or decisions of public bodies.

The User will reimburse any proven damages, including loss of profits, incurred by Torrent Stream due to the User's breach of the terms of this Agreement.

In terms of damages and/or loss of profits incurred by Torrent Stream due to a User’s breach of the terms of this agreement, the User agrees that financial responsibility is not limited by the period of validity of this Agreement.

FORCE MAJEURE

Parties are not responsible for the violation of their obligations that arose after the entry into force of this Agreement if such breach is caused by force majeure.

Force majeure means unforeseeable events that do not depend on the actions of the parties, beyond their control, and not allowing them to fulfill their obligations.

SETTLEMENT OF DISPUTES AND SATISFACTION OF CLAIMS

In case of disagreement, Parties will strive to resolve disagreements through negotiation. If the Parties fail to agree, the dispute will become the subject of judicial review of the location (registration) of the Owner (Managing Director) of the Torrentstream.org web resource.