Terms of service
1. The agreement
These Terms of Service ("Terms") are a contract between you and Tropical Torque ("Tropical Torque", "we", "us"), Lehigh Acres, Florida. They cover tropicaltorque.com, our online store, our digital products, the Torque Club membership, and every giveaway we run. By visiting the site, placing an order, joining Torque Club or entering a giveaway, you accept these Terms, our Privacy Policy and, for giveaways, the Official Rules. If you do not accept them, do not use the site, buy anything or enter.
You must be at least 18 years old, or the age of majority where you live, and a resident of the United States to buy from us or enter a giveaway.We do not sell to, and giveaways are not open to, residents of Florida or New York, as the Official Rules explain; checkout requires a U.S. address in an eligible state.If there is a conflict between these Terms and the Official Rules about a giveaway, the Official Rules win.
2. Giveaways
Each giveaway is governed by its own Official Rules, published on the site. No purchase or payment of any kind is necessary to enter or win, and a purchase does not improve your chances of winning beyond the bonus entries stated for each product, which anyone can also earn for free by mail. Giveaways are void in Florida, New York and wherever prohibited by law.
Tropical Torque's decisions on eligibility, entries, the drawing, verification and the award of any prize are final and binding. We may disqualify any person, void any entry, cancel any order and, as the Official Rules allow, modify, suspend or end a giveaway. We may substitute a prize of equal or greater value, or pay the cash alternative described in the Official Rules, where the rules permit.
3. Digital products
Wallpaper packs are digital files delivered by download link after checkout. When your payment clears, we give you a personal, non-transferable, non-commercial license to download the wallpaper and display it on devices you own. You may not resell, share, redistribute, print for sale, or use the wallpaper in any product or advertisement. We keep all other rights.
Digital products are delivered the moment the link is sent, so all sales are final and we do not offer refunds or exchanges, except where the law requires one or where we choose to in a particular case. If a download fails, email torquetropical@gmail.com and we will resend the link. Prices are in U.S. dollars and may change at any time; the price shown at checkout is the price you pay. We may refuse or cancel any order, including for suspected fraud, pricing errors or violations of these Terms, and will refund any amount paid for a cancelled order.
If a payment is disputed, reversed or charged back, every bonus entry connected to that payment is void, your download license ends, and we may refuse future orders from you.
4. Torque Club
Torque Club is a recurring membership. By joining, you authorize us to charge the membership price to your payment method every four weeks until you cancel. Each paid cycle delivers that cycle's wallpaper and the bonus entries stated on the site, into whichever giveaway is open at the time; if no giveaway is open during a cycle, the entries carry forward to the next one.
You can cancel at any time from your account or by emailing torquetropical@gmail.com. Cancellation stops future charges; it does not refund the current cycle, and benefits already delivered are not refundable. If a payment fails, we may pause the membership until it succeeds, and no entries are issued for an unpaid cycle. We may change the membership price or benefits with at least 14 days' notice by email; the change applies to cycles billed after the notice period.
5. Your conduct
You agree to give us accurate, current information and to keep it that way. You may enter and buy only as yourself, under your own legal name, with your own payment method. You may not:
- Create or use more than one account or identity, or enter on someone else's behalf.
- Use bots, scripts, automated tools, or bulk or metered mail to enter or buy.
- Reverse, dispute or charge back a payment you authorized.
- Share, resell or redistribute our wallpapers or any entry.
- Harass, threaten or impersonate Tropical Torque, our staff, a winner or another entrant, or interfere with the site, the drawing or the live stream.
- Use the site for anything unlawful.
If you break these rules we may cancel your orders, void every entry you hold, end your membership, and refuse future business, without refund and in addition to any other remedy.
6. Our content and trademarks
Everything on the site, including the Tropical Torque name and TT logo, the wallpapers, photographs, text, page designs and code, belongs to Tropical Torque or its licensors and is protected by copyright and trademark law. You may view the site and use what you buy under section 3; you may not copy, scrape, republish or create derivative works from any of it without our written permission.
Lamborghini, Urus and related names, logos and vehicle designs are trademarks of Automobili Lamborghini S.p.A. Tropical Torque is not affiliated with, sponsored by or endorsed by Lamborghini, and our giveaways are not affiliated with or endorsed by Instagram, TikTok, YouTube, Facebook, Meta, Apple or Shopify.
7. Content you post about us
If you tag us, use our hashtags, reply to our posts, leave a review or send us photos, videos or messages about a giveaway or wallpaper, you give Tropical Torque a free, worldwide, non-exclusive, permanent license to use, copy, edit, publish and display that content, with your name or handle, to promote our giveaways in any media, without payment to you. You confirm that you own the content or have permission to share it. We may remove any content from channels we control at any time, and you can ask us to stop using a specific post by emailing torquetropical@gmail.com; material already shared, printed or reposted by others cannot be recalled.
8. Disclaimer of warranties
The site, our digital products, the Torque Club membership and every giveaway are provided "as is" and "as available". To the fullest extent permitted by law, Tropical Torque disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the site will be uninterrupted, error-free or secure, that a download will work on every device, or that any live stream will be available at a particular time. Any prize vehicle is awarded as-is, with only the manufacturer coverage that remains, as the Official Rules describe. Some states do not allow certain warranty disclaimers, so parts of this section may not apply to you.
9. Limitation of liability
To the fullest extent permitted by law, Tropical Torque and its owner, staff, contractors and service providers will not be liable to you for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, lost entries, or the loss of a chance to win, arising out of or relating to the site, a product, a membership, a giveaway or these Terms, however caused and even if we were told such damages were possible.
Our total liability to you for all claims arising out of or relating to the site, a product, a membership, a giveaway or these Terms will not exceed the greater of the amount you paid us in the twelve months before the claim arose or one hundred U.S. dollars ($100). This cap does not apply to the delivery of a prize to a verified winner under the Official Rules. Some states do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you, and nothing in these Terms limits liability that cannot be limited under the law of your state.
10. Indemnification
You agree to defend, indemnify and hold harmless Tropical Torque and its owner, staff, contractors and service providers from any claim, loss, liability, damage or expense, including reasonable attorneys' fees, that arises from your breach of these Terms or the Official Rules, your misuse of the site or a product, content you post about us, false information you give us, a payment you dispute without cause, or your violation of any law or of someone else's rights.
11. Dispute resolution, arbitration and class-action waiver
Talk to us first. Before starting any formal proceeding, you agree to email a written description of the dispute to torquetropical@gmail.com and give us 30 days to resolve it with you.
Binding arbitration. If we cannot resolve it, any dispute, claim or controversy between you and Tropical Torque arising out of or relating to the site, a product, a membership, a giveaway, the Official Rules or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitrator decides all issues, including whether a claim can be arbitrated. Hearings, if any, take place in Lee County, Florida, or by video at your choice, and we will pay the AAA filing fee for claims under $10,000 unless the arbitrator finds the claim frivolous. Either party may instead bring an individual claim in small-claims court if it qualifies.
Individual claims only. You and Tropical Torque each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, consolidated or representative action. The arbitrator may not consolidate claims or award relief to anyone other than the individual party. If this waiver is found unenforceable for a particular claim, that claim must be decided in court and the rest of this section still applies.
Jury waiver and time limit. To the extent a claim proceeds in court, you and Tropical Torque each waive the right to a jury trial. Any claim must be filed within one year after it arose, or it is permanently barred, where the law allows such a limit.
Your right to opt out. You may reject this arbitration section by emailing torquetropical@gmail.com with your name, email address and the words "opt out of arbitration" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
12. General terms
Governing law and venue. These Terms and any dispute between you and Tropical Torque are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. Anything not subject to arbitration under section 11 must be brought in the state or federal courts located in Lee County, Florida, and you consent to their jurisdiction.
Changes. We may change these Terms at any time by posting the new version here with a new date. Changes take effect when posted, except that changes to section 11 do not apply to a dispute that is already pending. Your continued use of the site, a purchase, a membership cycle or an entry after a change is your acceptance of it.
Other terms. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver of it. You may not assign these Terms; we may assign them to a successor of the business. These Terms, the Privacy Policy and the applicable Official Rules are the entire agreement between you and Tropical Torque about their subject matter. Notices to you may be sent to the email address on your order or entry. Notices to us go to torquetropical@gmail.com or Tropical Torque, Lehigh Acres, FL 33976 (the full mailing address is in the Official Rules).
13. Refund policy
This section also stands alone as the text for Shopify's Refund policy slot.
All wallpaper packs are digital products delivered by download link immediately after checkout. Because delivery is instant, all sales are final and we do not offer refunds, returns or exchanges, except where the law requires one. If your download link does not work, email torquetropical@gmail.com and we will resend it. Torque Club can be cancelled at any time; cancellation stops future charges but does not refund the current cycle. Bonus entries have no cash value and are not refundable. Disputing or charging back a completed payment voids the entries connected to it.