Terms of Service

OVERVIEW

This website is operated by INTUITU di Michelangelo Guarise. Throughout the site, the terms “we”, “us” and “our” refer to INTUITU di Michelangelo Guarise. INTUITU di Michelangelo Guarise offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, using Volumio, submitting code and text contributions and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

PRIVACY POLICY

We collect information from you when you register on our site and gather data if you participate our forum by reading, writing, and evaluating the content shared here.

When registering on our site, you may be asked to enter your name and e-mail address. You may, however, visit our site without registering.

When registered and posting, we record the IP address that the post originated from. We also may retain server logs which include the IP address of every request to our server.

What do we use your information for:
Any of the information we collect from you may be used in one of the following ways:

To personalize your experience — your information helps us to better respond to your individual needs.
To improve our website based on feedbacks and suggestions you may provide or by understanding users behaviours and browsing habits.
To improve customer service — your information helps us to more effectively respond to your customer service requests and support needs.
To send periodic emails — the email address you provide may be used to send you information, notifications that you request about changes to topics or in response to your user name, respond to inquiries, and/or other requests or questions.

How do we protect your information
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

 

USE OF COOKIES

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow). These cookies enable the site to recognize your browser and, if you have a registered account, associate it with your registered account.

We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. By using our website, you permit Volumio.org and Volumio to store cookies on your computer.

For a comprehensive list of cookies and associated services, please visit this link

 

THIRD PARTY DISCLOSURE

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our site. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Your consent
This online privacy policy applies only to information collected through our site and not to information collected offline.

By using our site, you consent to our web site privacy policy.

This document is CC-BY-SA. Partially inspired and remixed from OSMC’s TOS.

 

YOUR VOLUMIO ACCOUNT

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify INTUITU di Michelangelo Guarise of any unauthorized uses of your account or any other breaches of security. INTUITU di Michelangelo Guarise will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

DROPHSIPPING INFORMATION

Drop shipping is a supply chain management technique in which the retailer does not keep goods in stock but instead transfers customer orders and shipment details to either the manufacturer, another retailer, or a wholesaler, who then ships the goods directly to the customer. As in retail businesses, the majority of retailers make their profit on the difference between the wholesale and retail price, but some retailers earn an agreed percentage of the sales in commission, paid by the wholesaler to the retailer.
With regard to Volumio shop, products operated in dropshipping are made available in this shop but are developed, handled and warranted by the product’s manufacturer or distributor. A fraction of the revenue of all sales (shipping cost excluded) are kept by INTUITU di Michelangelo Guarise as sales commissions. Payments are operated via Paypal parallel payments, allowing the buyer to see transparently the amount going to fund Volumio Project.
The dropshipper (product manufacturer or distributor) takes care of shipping and offers warranty and support for the items. In no way INTUITU di Michelangelo Guarise can be held responsible for support, refunds or warranty claims.

 

INVOICING

When buying a dropshipping product, is the shipper’s responsability to invoice the correct amount to the buyer.

 

TAX AND CUSTOMS

Additional costs like tax and customs may be applied by local authorities. They are not responsability of INTUITU di Michelangelo Guarise, nor of shippers. They cannot be included in checkout informations and totals since they cannot be estimated.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

RESPONSIBILITY OF CONTRIBUTORS

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your content is not named in a manner that misleads your readers into thinking that you are another person or company; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by INTUITU di Michelangelo Guarise or otherwise.

 

USER CONTENT LICENSE

Unless otherwise specified, user contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Code contributions, unless otherwise specified, will be licensed under the General Public License Version 3 and relative Intellectual property will be of INTUITU di Michelangelo Guarise. This will guarantee the independency of the project. Without limiting any of those representations or warranties, INTUITU di Michelangelo Guarise has the right (though not the obligation) to, in INTUITU di Michelangelo Guarise’s sole discretion (i) refuse or remove any content that, in INTUITU di Michelangelo Guarise’s reasonable opinion, violates any INTUITU di Michelangelo Guarise policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in INTUITU di Michelangelo Guarise’s sole discretion. INTUITU di Michelangelo Guarise will have no obligation to provide a refund of any amounts previously paid.

 

RESPONSIBILITY OF WEBSITE VISITORS

INTUITU di Michelangelo Guarise has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, INTUITU di Michelangelo Guarise does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. INTUITU di Michelangelo Guarise disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

CONTENT POSTED ON OTHER WEBSITES

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Volumio links, and that link to Volumio. INTUITU di Michelangelo Guarise does not have any control over those non-Volumio websites and webpages, and is not responsible for their contents or their use. By linking to a non-Volumio website or webpage, INTUITU di Michelangelo Guarise does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. INTUITU di Michelangelo Guarise disclaims any responsibility for any harm resulting from your use of non-Volumio websites and webpages.

 

COPYRIGHT INFRINGEMENT AND DMCA POLICY

As INTUITU di Michelangelo Guarise asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Volumio violates your copyright, and if this website resides in the USA, you are encouraged to notify INTUITU di Michelangelo Guarise in accordance with INTUITU di Michelangelo Guarise’s Digital Millennium Copyright Act (“DMCA”) Policy. INTUITU di Michelangelo Guarise will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. INTUITU di Michelangelo Guarise will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of INTUITU di Michelangelo Guarise or others. In the case of such termination, INTUITU di Michelangelo Guarise will have no obligation to provide a refund of any amounts previously paid to INTUITU di Michelangelo Guarise.
INTELLECTUAL PROPERTY

This Agreement does not transfer from INTUITU di Michelangelo Guarise to you any INTUITU di Michelangelo Guarise or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with INTUITU di Michelangelo Guarise. INTUITU di Michelangelo Guarise, Volumio, the Volumio logo, and all other trademarks, service marks, graphics and logos used in connection with Volumio, or the Website are trademarks or registered trademarks of INTUITU di Michelangelo Guarise or INTUITU di Michelangelo Guarise’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any INTUITU di Michelangelo Guarise or third-party trademarks.

 

CHANGES

INTUITU di Michelangelo Guarise reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. INTUITU di Michelangelo Guarise may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

TERMINATION

INTUITU di Michelangelo Guarise may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Volumio account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

DISCLAIMER OF WARRANTIES

The Website is provided “as is”. INTUITU di Michelangelo Guarise and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither INTUITU di Michelangelo Guarise nor its suppliers and licensors, makes any warranty that the Website will be error free or that cess thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

LIMITATION OF LIABILITY

In no event will INTUITU di Michelangelo Guarise, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to INTUITU di Michelangelo Guarise under this agreement during the twelve (12) month period prior to the cause of action. INTUITU di Michelangelo Guarise shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that (i) your use of the Website will be in strict accordance with the INTUITU di Michelangelo Guarise Privacy Policy with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

INDEMNIFICATION

You agree to indemnify and hold harmless INTUITU di Michelangelo Guarise, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

MISCELLANEOUS

This Agreement constitutes the entire agreement between INTUITU di Michelangelo Guarise and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of INTUITU di Michelangelo Guarise, or by the posting by INTUITU di Michelangelo Guarise of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Italian, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts localed in Italy. The arbitration shall take place in a court located in Italy, in the Italian language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; INTUITU di Michelangelo Guarise may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If we decide to change our Terms of Service, we will post those changes on this page.

 

TRADEMARK INFORMATION

Volumio and Volumio logo are a registered trademark of INTUITU di Michelangelo Guarise, a company registered in Italy (PI: IT04313390231).

You may only use the Volumio trademark to:

i) Describe a genuine Volumio product or service;
ii) To state that another product is compatible with or can be used with an Volumio product or service;
You may not use the Volumio trademark to, unless you have our explicit written authorization:

i) use the Volumio trademark as part of your company name, company logo or product name;
ii) use the Volumio trademark as part of the domain name for your website;
iii) use the Volumio trademark to claim that your product, service or website is endorsed or associated with Volumio or Volumio products and services;
iv) manufacture, sell or give away any items of mechandise with Volumio marks;
v) resell the Volumio product bundled with any ‘addons’, legal or illegal;
vi) resellers of Volumio cannot modify disk images. You must use official disk images from this website with no changes and the SD card cannot be ‘booted’ for testing.
vii) use the Volumio trademark or a name or logo which are similar to them in a way that will damage our brand or reputation;
Additional guidelines:

i) Any use of the Volumio trademark must be accompanied by “Volumio is a registered trademark of INTUITU di Michelangelo Guarise”.
ii) if you are using the Volumio trademark commercially, Volumio would appreciate a charitable donation and reserves the right to charge for a royalty. By redistributing Volumio commercially you acknowledge this. This is particularly applicable to vendors who have persistently distributed Volumio with ‘addons’ in the past.
If we decide to change our Trademark policy, we will post those changes on this page. This document was last updated Sep 2nd 2015.

 

EULA

End-User License Agreement for Volumio

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the mentioned author (Volumio) of this Software for the software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”).

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bounded by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

 

SOFTWARE PRODUCT LICENSE

You may use, distribute and copy Volumio under the terms of GNU General Public License version 3 which you should have received with this software.

 

LIMITED WARRANTY

NO WARRANTIES.

The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

 

NO LIABILITY FOR DAMAGES.

In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.