Website Terms of Use
Volcano Website Terms of Use
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Hello! Welcome to the Website of Volcano Services, LLC (“Volcano”, “We”, or “Our”). This Website Terms of Use (“TOU”) applies to anyone using (“You”, or “Your”) the Volcano website located at https://volcano.dev/, and any sub-sites operated by Volcano (collectively, the “Website”). If You subscribe to Our Products, Your Subscription and use of the Products are also governed by the Volcano Customer Agreement available at https://volcano.dev/legal/customer-agreement (the “Agreement”). The Agreement applies to Your use of the Products regardless of whether You access the Products through the Website. In the event of a conflict between this TOU and the Agreement, the Agreement controls with respect to Your Subscription, Account, and use of the Products. Capitalized terms not defined herein shall have the same meaning as in the Agreement.
Remember Volcano is intended to be a place for your creativity, but we still need some basic rules. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO THIS TOU. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, PLEASE DO NOT USE THE WEBSITE.
1. Modifications. Please check this TOU periodically for changes. We reserve the right, in Our sole discretion, to change, modify, add or remove portions of the terms of this TOU. Your continued use of the Website following the posting of changes will mean that You accept and agree to the changes.
2. Intellectual Property. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content, contained on the Website is owned, controlled or licensed by or to Volcano, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
3. Privacy and Acceptable Use. Your use of the Website is also subject to Our Privacy Policy which is available at https://volcano.dev/legal/privacy and Our Acceptable Use Policy available at https://volcano.dev/acceptable-use-policy, as may be updated from time to time. The policies are incorporated into this TOU.
4. Your Content. We may provide the ability for You to upload or share information or other content on or through the Website. All information, data, text, software, music, sound, photos, graphics, videos, messages or other content posted by You (“Your Content”) are solely Your responsibility. You are entirely responsible for all Your Content that You upload, post, email, transmit or otherwise make available. Volcano assumes no liability for Your Content and You are solely responsible for any liability arising from or related to any Your Content You transmit in any manner via the Website. You agree that Volcano may use Your Content as necessary to provide the Website and Products to You or in connection with Your Subscription and Account management and use.
5. Third-Party Sites. The Website may contain links to other web sites operated by third-parties ("Third-Party Sites"). Third-Party Sites are not under Our control. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. You hereby release Volcano and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to Your interactions with Third-Party Sites.
6. Digital Millennium Copyright Act. If You are a copyright owner or an agent of a copyright owner and believe that any content available on or through the Website infringes upon Your copyrights, You may submit a notification to: Legal Department, Volcano Services, LLC, 150 Spear Street, 16th Floor, San Francisco CA 94105 with a cc’ to legal@volcano.dev.
7. Disclaimer. THE WEBSITE IS PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE" AND VOLCANO AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY THIRD-PARTY SITES. YOUR SOLE REMEDY AGAINST VOLCANO FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
8. Limitation of Liability. Except where prohibited by law, in no event will Volcano be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Volcano has been advised of the possibility of such damages.
If, notwithstanding these provisions, Volcano is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Website, Volcano’s total liability will in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to You, and You may have additional rights.
Volcano administers and operates the Website from its headquarters in San Francisco, California USA. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, or offered through or on the Website may be available or appropriate to all persons or in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited.
9 Volcano Reservation of Rights. Volcano reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (ii) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (iii) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
10. General Terms. This TOU is governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Each party agrees that any claim or cause of action arising under or relating to these TOU will be brought in a court of competent jurisdiction located in San Francisco, California and each party irrevocably consents to and waives all objections to such personal jurisdiction.
These TOW, together with any additional or amended terms with Volcano that You agree to by using a Product or service available through the Website, or by affirmatively agreeing to the additional terms, are the entire agreement between You and Volcano regarding the Website. There are no third-party beneficiaries of these TOU. Any failure by Volcano to exercise or enforce any right or provision of this TOU is not a waiver of such right or provision.
If any provision of this TOU is, for any reason, held to be invalid or unenforceable, the other provisions of this TOU will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing under this TOU shall be construed to establish any partnership, joint venture, employment, or agency relationship between the parties.
This TOU, and any associated rights or obligations, may not be assigned or otherwise transferred by You without Volcano's prior written consent. This TOU may be assigned by Volcano without restriction. This TOU is binding upon any permitted assignee.
The Website and Products is Volcano Services LLC, 150 Spear Street, 16th Floor, San Francisco CA 94105. If You are a California resident, in accordance with Cal. Civ. Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.