Terms & Conditions

Welcome to the Volganik Rock® website (the “Site”). This Site is owned and operated by Volganik Rock (“Volganik Rock,” “we,” “us” and/or “our”). Please read these Terms and Conditions of Use (the “Terms”) carefully before using this Site. By using this Site, you signify your agreement to these Terms. If you do not agree to these Terms, please do not use this Site.

Use of Site

Subject to your compliance with these Terms, Volganik Rock grants you a limited, personal, non-exclusive, non-transferable, revocable license to use and access the Site solely in connection with your use of Volganik Rock’s online store and the purchase of Volganik Rock products. You may only use the Content (as defined below) for your personal, non-commercial use unless you obtain Volganik Rock’s written permission to otherwise use the Content. You may not modify, delete, distribute, post, transmit, sell, exploit, create derivative works from, or use the Site, the Content, or any portion thereof for any public or commercial purpose without Volganik Rock’s prior written consent. Unauthorized use of the Site or the Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

You are responsible for all use of the Site and for maintaining the confidentiality of your username, password and account. You agree to immediately notify Volganik Rock of any unauthorized use of your username, password, account or any other breach of security. You are responsible for (i) backing up and maintaining duplicate copies of any user content that you post or store through the Site; and (ii) acquiring and maintaining all required equipment, software and communications networks access necessary for use of the Site.

Modification and Availability of Site

Volganik Rock reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Volganik Rock will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. Volganik Rock shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Site.

Proprietary Rights

The Site contains trademarks, service marks, graphics, photographs, text, images, displays, copyrights, patents and other proprietary rights owned and controlled by Volganik Rock and its licensors (collectively, the “Intellectual Property Rights”). All Site content and materials, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including website code) and other Intellectual Property Rights are owned by Volganik Rock and its licensors and are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Content includes all content on the Site, including text, images, graphics, logos, audio and video.

Except as expressly authorized by Volganik Rock or its licensors, you shall not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content in any form by any means. You must not modify, decompile or reverse engineer any software Volganik Rock discloses to you, and you acknowledge that such software is proprietary to Volganik Rock and protected by copyright.

User Content

If you submit, upload, post, publish or display any reviews, comments, video, images, music, software, creative suggestions, feedback, ideas, notes, drawings, concepts, information or other content (“User Content”) to Volganik Rock or the Site, you grant Volganik Rock a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, store, archive, publish, display, distribute, reproduce or create derivative works from the User Content, in any form and any media, technology or medium of any kind now known or later developed, without any obligation to attribute the User Content to you. If you believe that any content submitted by any user infringes your copyright, please email us at [email protected] and provide the following information:

Identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are involved, a representative list of such works;
Identification of the material that you claim is infringing and which should be removed, including a description of where it is located on the Site (including the URL, title and/or item number if applicable);
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you affirming under penalty of perjury that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Purchases; Other Terms and Conditions

Additional terms and conditions apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Volganik Rock’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Volganik Rock may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Volganik Rock makes no commitment to update the materials on the Site with respect to such products and services.

The following additional terms apply to you if are purchasing products on the Site:

You must be at least 18 years old or accessing the Site under the supervision of a parent or guardian.
All purchases are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and reimburse any payment. We reserve the right to decline orders.
Your total order price will include the purchase price of your products plus applicable sales tax based on the shipping address and the shipping and handling charges. All amounts are payable in U.S. dollars.
You are responsible for paying in full the price for any products purchased, including all applicable taxes, shipping and handling charges, duties and customs fees, to the extent applicable.
We will charge the payment method used at purchase for the total amount of your order, including all applicable taxes and delivery charges.
If your payment method fails or your order is otherwise unpaid, we may suspend or cancel your order until payment is received, in full, subject to applicable law. Please contact us at [email protected] with any payment issues.
Purchased products are intended solely for personal use, not for resale.
Product shipments are subject to availability. You will be notified by email upon shipment of a product.

Disclaimer of Warranties

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VOLGANIK ROCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. VOLGANIK ROCK DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOLGANIK ROCK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST VOLGANIK ROCK WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

WE STRONGLY ENCOURAGE YOU TO MAKE A BACK-UP COPY OF ANY CONTENT YOU POST TO THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VOLGANIK ROCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF ANY USE OF THE SITE, ANY WEBSITE LINKED TO IT, ANY CONTENT, OR USER CONTENT POSTED ON IT, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSS), EVEN IF VOLGANIK ROCK SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IF VOLGANIK ROCK IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VOLGANIK ROCK FOR THE SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION.

Indemnification

You agree to indemnify, defend and hold harmless Volganik Rock and our affiliates, officers, directors, agents, contractors, co-branders, partners, third party providers and employees from and against any and all claims, demands, actions, suits, proceedings, losses, damages, judgments, costs, expenses and fees (including reasonable attorneys’ fees and costs) that arise from or relate to: (i) your use or misuse of the Site, Content or User Content; (ii) any violation of these Terms by you; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any dispute or issue between you and any third party; or (v) any User Content created or provided by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without our written consent. You further agree to cooperate as fully as reasonably may be required in our defense of any claim.

Third Party Content/Links

**The Site may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Site are those of the respective third party and not of Volganik Rock or its affiliates.

Volganik Rock makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products. Volganik Rock does not monitor or control the content, products or services provided by third parties. Your business dealings or correspondence with third parties, including payment and delivery of related goods or services, and any other terms (such as warranties) are solely between you and such third parties. Volganik Rock shall not be responsible for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such third party content on the Site. The Site may include links to third-party websites. These links are provided solely as a convenience to you. Volganik Rock does not endorse or make any representations about third-party websites or any content, materials or information contained therein. Volganik Rock does not make any warranties with regard to third-party websites, including warranties as to merchantability or fitness for a particular purpose. Accessing or using any third-party website is done at your own risk. Volganik Rock shall not be responsible for any loss or damage of any kind incurred as result of dealing with a third party.**

Termination; Modification

Volganik Rock reserves the right in its sole discretion to restrict, suspend, or terminate these Terms and access to all or any part of the Site or related services, and/or delete, move, or edit any postings (including this Site in its entirety) at any time, for any reason or no reason and without notice or liability to you. Upon any termination, you must cease your use of the Site. The provisions of these Terms relating to intellectual property rights, trademarks, disclaimers of warranties and liability, and indemnification shall survive any such termination or expiration. Volganik Rock’s failure to insist upon or enforce your strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

Miscellaneous

These Terms are governed by and shall be construed in accordance with the laws of the State of Delaware without reference to its conflict-of-laws principles. You agree to exclusive jurisdiction of and venue in the state and federal courts located in Nashville, Tennessee for any dispute arising out of or relating to the Site, the Content or purchases of products or services. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Volganik Rock as a result of these Terms or your use of the Site. Our performance is subject to existing laws and legal process, and nothing contained herein restricts our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. If any part of these Terms is unenforceable, unlawful or void, that portion will be deemed severable and consistent with the remaining provisions and will not affect the validity and enforceability of the remaining provisions.

Subject to the foregoing, these Terms constitute the entire agreement between you and Volganik Rock regarding the use of the Site.

Contact Us

If you have any questions about these Terms, please contact us at:

Volganik Rock
123 Main St.
Nashville, TN 37201
United States

Email: [email protected]