VOLODAILY.COM LEGAL NOTICES
TERMS OF SERVICE
Last updated May 27, 2016
Welcome to VOLO Magazine! Access to, and use of VOLO Magazines’s website located at www.volomagazine.com/ www.volodaily.com/ www.voloart.galley (the “Site”) and other VOLO Magazine Internet services (together with access to, and use of the Site, the “Service”) are subject to the following Terms of Service (these “Terms”). Please read these Terms carefully. Creating an account with VOLODaily.com/VOLOMagazine.com/VOLOArt.Gallery or otherwise accessing or using the Service will signify that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and VOLO Magazine LLC (“VOLO Magazine” or “we” or “our”). If you do not agree to these Terms, you may not use the Service. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF VOLO MAGAZINE. PLEASE READ THESE TERMS IN THEIR ENTIRETY.
1. Description of Service
The Service is operated by VOLO Magazine, and includes the Site through which you order, subscribe to and receive various digital magazines and other publications, content and products (collectively, the “Publications”).
Certain portions of the Service are available only to individuals who have registered with and obtained a password from VOLO Magazine. By registering with VOLO Magazine, you certify that you are at least 18 years of age. You may not provide or use a password, email address, or any other information of anyone else in connection with the Services. You agree to provide true, accurate, current and complete information about yourself when you register with or order Publications from VOLO Magazine, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
3. User Conduct
You may only use the Service for lawful purposes and in accordance with these Terms, any operating rules established by VOLO Magazine from time to time. VOLO Magazine reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms or applicable laws and regulations.
The Service is controlled, operated and administered by VOLO Magazine from its offices and servers located within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all applicable local laws and regulations. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws or regulations.
5. Intellectual Property
All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as compilations thereof, and all software used on the Site, is the property of VOLO Magazine or its suppliers or licensors, and is protected by United States and law, and applicable international laws and treaties, including without limitation copyright and other laws and treaties that protect intellectual property and proprietary rights. You agree to observe and abide by all such applicable laws and treaties, and to not alter, obscure or remove any copyright and other proprietary notices, legends (whether outlining restrictions on use or otherwise) contained in any such content. Each third-party content provider owns the copyright in and to all content original to it, including without limitation on the Publications delivered or otherwise made available to you through the Service. Except as permitted by the Publication’s lawful owner, you acknowledge that you do not acquire any ownership rights in a Publication by downloading a Publication accessed through the Service. Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Service and VOLO Magazine Reader software, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Site, the Publications, or any portion of them without the express permission of VOLO Magazine and the owner of such content. We do not grant you any licenses, express or implied, to the intellectual property of VOLO Magazine or our licensors except as expressly authorized by these Terms.
6. Third-Party Content
VOLO Magazine does not guarantee the accuracy, completeness or usefulness of all or any portion of any Publication or any services or offers made by third parties who are advertising their content or service on a VOLO Magazine publication or the VOLODaily.com Marketplace. The Service may contain links to other Internet sites and third-party resources. VOLO Magazine does not assume any responsibility or liability for communications or materials available through such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order for products or services through, or otherwise use a third-party site.
7. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that VOLO Magazine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Disclaimer of Warranties
THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VOLO MAGAZINE, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER VOLO MAGAZINE NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINTED IN THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBILE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. VOLO MAGAZINE IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR OTHERWISE ACCESS CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
VOLO MAGAZINE DOES NOT GUARANTEE ACCESS TO ITS PUBLICATIONS ON MOBILE DEVICES ON NATIVE MOBILE APPS. NATIVE MOBILE APPS ARE REGULATED BY THE RULES OF THE MOBILE PLATFORM VENDORS AND CHANGES TO THEIR RULES CAN AFFECT ACCESS TO VOLO MAGAZINE PUBLICATION ON MOBILE DEVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOLO MAGAZINE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VOLO MAGAZINE NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF VOLO MAGAZINE FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO VOLO MAGAZINE FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM.
You agree to defend, indemnify and hold harmless VOLO Magazine, its licensors, suppliers and any third-party content providers and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including attorney’s fees, arising out of or resulting from (a) your use of the Service or the Publications, (b) your violation of these Terms, or (c) any activity related
to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Publications using your account.
VOLO Magazine retains the right, but not the obligation, to monitor the Service to determine compliance with these Terms and any operating rules established by VOLO Magazine, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we retain the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of VOLO Magazine’s or its licensors’ obligations.
Either VOLO Magazine or you may terminate these Terms at any time. Without limiting the foregoing, VOLO Magazine may, in its sole discretion and without liability, terminate your password, or use of the Service for any reason, including, without limitation, if VOLO Magazine believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and VOLO Magazine may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 2, 4, 5, 6 and 8 through 17 shall survive termination of these Terms.
13. Subscription Program
All subscription orders will include “Automatic Renewal” which enables you to receive uninterrupted delivery of Publications/Web Content/Services until you cancel your subscriptions. You may cancel subscriptions at any time and, in the case of prepaid yearly subscriptions, receive a refund for any unserved issues (see Refund Policy below). With Automatic Renewal, there is no defined end to a subscription and it is only cancelled when you cancel it from your account settings.
15. Free Trials
If you purchase a subscription or sample issue that includes a free trial, you will receive free access to Publications during the free trial period. If you cancel the subscription during the free trial period, you will not be billed. If you do not cancel the subscription during the free trial period, you will be billed at the end of the free trial period for the first subscription period occurring thereafter applicable to the Publication that you purchased. Free trials are limited to one per user per offer.
16. Pricing and Tax
All pricing featured on the Site is exclusive of VAT, GST and sales tax. Purchase transactions will include VAT, GST or sales tax based on your billing address and the tax rates in effect at the time your transaction is completed. VOLO Magazine will only charge tax in countries or states where digital goods are taxable. No customers are eligible for the tax exemptions for transactions made on the Service.
These Terms, and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between VOLO Magazine and you with respect to your use of the Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof.
These Terms shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California with respect to any dispute arising under or relating to your use of the Service or these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
18. Notification of Changes
From time to time, VOLO Magazine may revise these Terms to keep them up to date with VOLO Magazine’s products and services. Please refer to the Site periodically for any changes. The update date first written above is used to alert you to recent modifications. Your access or use of the Service subsequent to such an update will signify your assent to be bound by such changes.
19. Our Address
VOLO Magazine LLC 37816 Palmer Dr
Fremont, Ca 94536
Information We Collect
VOLO Magazine collects information from users, which may include personally identifiable information (“Personal Information”), at different points on the Site and through the Service or the VOLO Magazine Reader software as follows:
Information You Give Us
We receive and store information you enter on the Site or give us in any other way.
Registration data: When you register for the Service, we ask that you provide basic contact information such as your name, address, and email address.
Order data: When you order Publications through the Service, we collect your purchase and address, and your billing or credit card information. This information is only stored by our payment gateway providers on their servers. VOLO Magazine does not have access to, or store your credit card information on our servers. When you manage credit cards on your account on VOLO Magazine websites, you are communicating directly to our payment gateway providers through encrypted and secured API communication.
Voluntary information: We may collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with VOLO Magazine customer support.
Information Collected Automatically
We receive and store certain types of information whenever you interact with us via the Site or the VOLO Magazine Reader software.
Computer and device configuration, identification and location: We automatically receive and log information from your browser, including your IP address, the name and ID of your computer, mobile device and other devices, your operating system, browser type and version, CPU speed, connection speed, and location information based on your IP address and as derived from GPS or similar features on your mobile device and other devices.
Referral, clickstream, and site interaction data: We may also record the URL you linked from to get to the Site, your clickstream through and from the Site, and other tracking information.
Email delivery and open rates: To help us make our emails more useful and interesting, and to ensure that we are delivering the Publications you have ordered, we often receive a confirmation when you receive and/or open email from VOLO Magazine. In addition, we collect offline readership information.
Software installation, file downloads, and publication access: When you install the VOLO Magazine Reader software or download Publications or other files from the Site, we may record when each file transfer begins and ends and any errors that interrupt the transfer. The VOLO Magazine Reader software also records whether or not you downloaded and accessed a given Publication.
Information from Other Sources
We may receive information about you from other sources, add it to our account information and treat it in accordance with this Policy.
Customer and order data from our partners: If you place an order for a Publication directly with the publisher or another VOLO Magazine partner for which we provide fulfillment or another service, your account information and order information is passed to us.
Updated delivery and address information: We may obtain updated contact information from third parties in order to correct our records and fulfill your orders or deliver communications to you.
Demographic and purchase information: We may reference other sources of demographic and purchase information in order to provide you with more targeted communications and promotions.
Cookies are alphanumeric identifiers that a website can store on your computer’s hard drive. When you visit the Site, create a user account, download or purchase a product from us, or sign-in to the Magazine Reader software we may set cookies on your personal computer. We require that cookies be enabled in
How We Use the Information We Collect
VOLO Magazine uses information about you to:
- Deliver the Publications and other products you order or that are sent to you
- Verify access to secure content and your account information
- Determine whether you meet the minimum system requirements for use of the Service
- Provide you tailored content and instructions, renewal options and promotions
- Service your customer support requests
- Ask you to participate in surveys about our products and services
- Offer you Service upgrades
Better understand, on an anonymous and aggregated basis, how the Service is being used, including Web traffic and reading patterns, so that we may continually improve our Service
See below for a description of VOLO Magazine’s practices regarding e-mail communications to our users and how to update your preferences with respect to such e-mail communications.
How We Share the Information We Collect
We may share your Personal Information only as follows:
Agents: We may employ other companies and individuals to perform functions on our behalf such as fulfilling orders, sending email, processing credit card payments, and providing customer service. These companies or individuals will be provided access to Personal Information needed to perform their functions, but these companies and individuals have agreed or will agree to not use your Personal Information for other purposes.
Protection of the Site and others: We release account and other Personal Information when we believe release is appropriate to comply with the law; to enforce or apply our Terms of Service, or other agreements; or to protect the rights, property, or safety of the Site, our users, or others.
Business transfers: VOLO Magazine may transfer Personal Information it collects in connection with a merger, acquisition or sale of all or most of the assets of VOLO Magazine related to the Site and/or the Service. You acknowledge that such transfers may occur, and that any acquirer of VOLO Magazine may continue to use your Personal Information as set forth in this Policy.
Third parties: VOLO Magazine will not share your Personal Information with any third parties period.
Email Communications to our Users
VOLO Magazine does not send unsolicited email, but we do send email communications to our users in connection with the provision of the Service. The following outlines the types of email VOLO Magazine sends to our users and the choices you have about which messages to receive.
Messages required to service orders you place for Publications and products fulfilled by VOLO Magazine: VOLO Magazine will send you email notifying you of the availability of each Publication or other product or service that you order either directly from VOLO Magazine or from one of our publisher or other merchant partners.
Messages required to service your VOLO Magazine account: VOLO Magazine may send you the following messages: (a) for newly registered users, a welcoming email;(b) messages confirming each order you place directly on the Site; (c) messages confirming your account changes; (d) messages inviting you to participate in customer surveys; and (e) messages informing you of important product or service updates related to our business.
Marketing messages about Publications you receive: We may send you marketing messages related to the Publications you receive including, for example, messages encouraging you to purchase additional single copies or to subscribe to Publications.
Optional marketing messages from VOLO Magazine: Registered users may also occasionally receive information or special promotions from VOLO Magazine about additional Publications, products or services. You may update your preference with by unsubscribing to our marketing emails using the ‘unsubscribe’ link at the bottom of every email
Optional marketing messages from trusted third parties: With your consent, VOLO Magazine may share your Personal Information (not including your credit card information) with trusted third parties so that you may receive information or opportunities from these third parties about relevant products and services they offer. You may update your preference in the “email preferences” in the “account settings” area of the Site.
Changing or Removing Your Information
To review or update your Personal Information go to the My Account section of the site. If at any time you would like to close your account, send email to [email protected] Magazine.com. Your Personal Information will be removed from our active user database and will be deleted, provided that (a) you are current with all payment obligations, (b) VOLO Magazine does not believe it reasonably necessary to keep such information for any pending legal action, and (c) we are under no obligation to retain such information. Please be aware that any unfulfilled subscriptions may be canceled without
refund and you will have to re-register in order to use the Service. It is your responsibility to request a refund from VOLO Magazine or the appropriate merchant.
VOLO Magazine uses commercially reasonable security methods to protect your Personal Information. Your Personal Information will be stored in a database located behind multiple firewalls and accessible only to authorized personnel. We encrypt all Web sessions and transmission to our servers of credit card or other Personal Information using Secure Sockets Layer (SSL) software, which encrypts information you input. Passwords are and other Personal Finance Information if any are stored in our database in an encrypted, non-human readable form.
VOLO Magazine does not knowingly collect, either online or offline, Personal Information from persons under the age of eighteen.
Notification of Changes
From time to time, VOLO Magazine may revise this Policy. The update date first written above is used to alert you to recent changes. If changes to this Policy will directly affect how we share your Personal Information, we will notify you by posting a notice on the Site or by sending you an email and giving you an opportunity to opt out of such change. Unless we notify you otherwise, our collection and use of your Personal Information is governed by the version of this Policy in effect at the time such Personal Information is collected.
How to Contact Us
If you have any questions or concerns regarding this Policy or our use of your information, please email [email protected] Magazine.com or call us at: +1415.349.0672
Last updated May 27th, 2016
1.In Case you cancel a pre-paid magazine subscription, VOLO Magazine will provide a refund for any amount over and above the number of magazines you have had access to, calculated at the price of $9.99 per magazine. e.g. If you paid $99 for a subscription and accessed 10 magazines on the server – our obligation for delivery is complete. VOLO Magazine discounts pre-paid subscriptions heavily compared to original retail price of each magazine, but cancellations will be charged access to magazines at full retail prices.
2. In case of subscription which include our massive library of digital content. Once you login and and access any part of the purchased commercial content or access more than 1 (one) issue which is part of a multi-issue access subscription (as logged in our log files) we will NOT issue any refunds for those purchases or subscriptions. We will provide the payment gateway with proof of access from our log files in case of any dispute in this matter.
3. Any refund requests sent for individual issue purchases will only be refunded, it you have NOT accessed any page of the said issue of the magazine digitally. Any refund requests older than 60 days will not be honored as we only keep access logs for 60 days.