Terms of Service
Volumo

Last updated 2021-08-18

Please read these Terms of Service (“Terms”) carefully prior to accessing or using our website available at volumo.com (” Service”). These Terms contain important information about your legal rights and obligations. If you do not agree with these Terms, please, do not continue to use the Service.

The Service is operated and owned by Volumo Music OÜ (registration number 14249878, address: Ahtri tn 12, 10151, Tallinn, Estonia), who we may refer to as “Volumo”, “we”, “us” or “our”.

Our collection and use of personal data in connection with your access to and use of the Service is described in our Privacy Notice.

If you have any questions or comments about these Terms of Service or the Service, please contact us at support@volumo.com.

Table of contents

Entire agreement

Account registration

Volumo Service

Prices, fees and payments

Refund Policy

Content and intellectual property rights

Disclaimer of warranties, Limitation of liability

Indemnification

Links to third-party websites

Electronic communications

Applicable law and jurisdiction

Termination

Other terms

Contact information

Entire agreement

Short version: This is an important agreement between us and our users. By using the Service you agree to comply with these Terms and all applicable laws and regulations. You must be legally capable to enter into this agreement.

These Terms and any policies, including our Privacy Notice, Cookie Policy, DMCA Takedown Policy, Data Processing Agreement (DPA) and any operating rules published on the Service, constitute the entire legally binding agreement and understanding between you (“you” or “user”) and Volumo, governing your access to and use of the Service (“Agreement”).

When you use the Service you hereby declare and warrant that:

In case you use the Service as a business representative, you further certify that you are eligible to bind the represented legal entity and grant us all permissions and licenses under these Terms, disclose information about that legal entity. If your entity is registered outside the EEA, please contact us to conclude the Data Transfer Agreement.

Account registration

Short version: To use the Service you must create the Account. We need to verify your identity, if you register as an Artist or Label. You are responsible for your Account and the consequences of its use, as well as for its security.

To use the full range of features available through the Service you must create a personalized account (“Account”) by using your email or third-party accounts, such as Google or Facebook, and creating a password. Please note that your use of such third-party accounts is subject to their Terms of Service and Privacy Policies.

You are obliged to provide accurate and complete information during registration and keep the information of your Account up-to-date. You can use your nickname or pseudonym, but you are prohibited to impersonate another person or entity or use the offensive language. You can read more about your personal data processing in our Privacy Notice.

If you register the Account on behalf of a legal entity (label, distributor etc.) and/or the artists, you represent and warrant that you are:

You are responsible for:

If you know or for any reason suspect that someone has gained access to your Account, or that your login information has been lost, stolen, misappropriated, or otherwise hacked, please notify us immediately by email at support@volumo.com.

Verification of Artists and Labels

If you want to create the Artist or Label profile through your Account, we need to verify your identity.

To this end, we may send within 7 days from your request an email or notification to your social media profile requiring the confirmation. Until we receive the identity confirmation your Account will be limited in functionality. In case the Artist or Label denies the intention to register with our Service, we reserve the right to limit your access to your Account and/or the Service.

Account termination

You can delete your Account at any time by clicking “Close account” in the Account settings. Please read the consequences of such deletion in section “Termination”.

Volumo Service

Short version: The Service is intended for the Artists, Labels, Distributors to sell music and the customers to purchase it.

Volumo enables users to register with the Service as:

Any tracks uploaded to the Service shall comply with the file format and quality requirements specified by Volumo. Users’ upload and sale of the sound recordings shall be subject to the representations and warranties as well as to the license provisions laid down in these Terms.

We may refuse to publish a sound recording, if it is considered, at our sole discretion, to meet one or several of the following criteria:

Please contact us at support@volumo.com to obtain a justification for refusing to publish your User Content.

Volumo creates charts of the most popular music on the basis of a number of purchases and downloads of tracks by the Service users.

Prices, fees and payments

Short version: The Artists, Labels and Distributors are entitled to the remuneration for the tracks purchased by the customers. The amount due is calculated by deduction of Volumo’s service fee and any applicable service fees.

Prices

The prices of tracks are set by:

The “Exclusivity Period” means the period during which the track is made available by the Artist, Label or Distributor exclusively through the Volumo Service and may not be purchased and/or downloaded on any other online media, service, website etc. Volumo conducts examination to confirm the fact of exclusivity and in case of failure the track will be automatically offered for sale in accordance with the regular rate. If we reveal the repeated violation of the exclusivity representation by the Artist, Label or Distributor, we reserve the right to take actions we deem necessary to preclude the further violations, including, without limitation, to restrict access to the Account of the Artist, Label or Distributor in question.

Volumo reserves the right to change the regular prices at any time without prior notice to the users. The effective rate is available on our website and is indicated at the time of conducting a purchase.

Volumo Service fee

The sale of tracks is subject to the Service fee of 20% of the purchase price (including tips, if applicable) indicated by the Artist, Label, Distributor or Volumo. Each download of track is considered an individual sale.

Payment terms

The customers may wish to tip the Artist and therefore shall indicate the intended amount of a tip in a lump sum or percentage of the price at the time of purchase.

The purchases are facilitated by Volumo through the third-party payment services providers, including, without limitation, Stripe and PayPal. You acknowledge that as soon as you follow the link to pay for the ordered track(s), you are subject to the Terms of Use, Privacy Policy and other policies of such third-party payment services provider. You may be charged with additional payments (processing fees) subject to such terms, including, without limitation, VAT, if applicable. In no case Volumo is responsible or liable for any personal data processed by the third-party payment services provider.

The users are responsible for reporting and paying any governmental taxes imposed on their sales and purchases, including, but not limited to, sales, use or value-added taxes.

Please note that if your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase, which is beyond our control.

Customer’s account balance and discount

The users may deposit money to the account balance in the amount not less than 10 euros to make instant purchases of tracks.

For the deposit of money Volumo may grant the user a discount on all purchases through the Service for a period of 30 days. The discount rate is determined by Volumo depending on the deposit amount and may be changed at any time.

Pay attention that upon 180 days from the date of your deposit the remaining balance is charged by Volumo as a service fee and may not be refunded.

You may subscribe to a regular monthly deposit of a particular amount through your Account. In such a case you will be automatically charged with the indicated amount until the subscription is terminated.

Payout

The user’s payment and order history is available in the Account. Any payments for the purchased tracks, upon deduction of the Volumo’s service fee and any applicable processing fee, if applicable, as specified above, are displayed as the user’s balance (remuneration).

The payout of the user’s remuneration due under these Terms is conducted until the 15th day of the calendar month following the month in which the purchase was made, provided that the minimum payout amount that may be requested is 50 euros.

Refund Policy

All payments made to Volumo are final and non-refundable.

Refunds are only available in exceptional circumstances at Volumo’s sole discretion. If you forgot to cancel your subscription to a regular monthly deposit or encountered other problems with payments, please contact us at support@volumo.com and we will make every effort to resolve your problem.

We strongly recommend to download the purchased tracks to your devices, because Volumo may be required by law to remove the track from the Service. In such a case you might lose access to the purchased track and we will not be responsible for providing a refund.

Content and intellectual property rights

Short version: Volumo owns the Service. By uploading your content in the Service you grant Volumo a license to publish it for other users. You promise not to submit any content that is harmful or offensive to other users or that infringes copyright.

User Content

The users signed up with the Artist, Label and Distributor Account may upload, publish and distribute materials, including sound recordings, audio clips, tracks, musical works (“Downloadables”), images, photographs, videos, texts, designs, graphics, icons, song lyrics, musical notations, album cover artwork, trademarks, service marks, logos, slogans or other submissions and information (together referred as” User Content”).

If you contribute User Content through the Service, you acknowledge that such User Content will be accessible to other users. When uploading the Downloadables you may indicate the territorial restrictions of the users’ access to such Content. Otherwise, the contributed Downloadables will be accessible to all users of the Service without regard to their location.

As between you and Volumo, you own your User Content and information that you submit or post through the Service.

You hereby grant Volumo and its authorized sublicensees and distributors a limited, revocable, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, worldwide license to:

You can end this license anytime by deleting your User Content from the Service. However, the license and permissions in respect of the Downloadables will continue to be in force for the users who have previously purchased and/or downloaded the Downloadables submitted by you.

When you upload or make available any User Content, you thereby represent and warrant, and can demonstrate to Volumo’s full satisfaction upon request, that:

You are solely responsible for any User Content you upload to the Service. The User Content published through the Service may be subject to Volumo’s prior moderation or selection. However, we do not give any promises or guarantees relating to the User Content and its authenticity.

Any reports claiming the User Content infringing the intellectual property rights shall be considered in accordance with Volumo DMCA Takedown Policy.

Permitted use

By purchasing and downloading a track the user is authorized to use the downloaded file, including to:

Volumo shall have no liability for lost, damaged, or destroyed Downloadables.

The users hereby agree to independently pay all royalties and other fees associated with the public performance and display of any Downloadables obtained through the Service to any person, performance rights organization due for the use of the Downloadables, if applicable. Volumo shall not be held responsible for your failure to pay any applicable fees or violation of this permitted use license or third party’s rights and shall not be a party to any disputes relating thereto.

Volumo Guidelines and Restrictions

You are prohibited to use the Service and its Content, including User Content, in any manner not expressly authorised by these Terms, including without limitation:

Volumo may, but is not obliged to, control, is not responsible for, and makes no representations or warranties with respect to any Content.

Volumo reserves the right to remove any User Content, for or without any reason, including, but not limited to, intellectual property or other rights violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates these Terms, without prior notice to you, and shall have no liabilities to you, past or present, for suspension or termination under these Terms.

Volumo’s proprietary rights

The Service is owned and controlled by Volumo. All materials in the Service, including text, images, designs, graphics, information, icons, video, sounds, interfaces, software, trademarks, logos, trade names, etc. (collectively, the ” Content”), as well as copyright and other intellectual property rights to such Content belong to Volumo or posted with the consent of the owner.

You are not allowed to use the Content or any of its elements in any way not provided for in these Terms without the prior written permission of Volumo or owners of the Content.

Subject to your compliance with these Terms, Volumo grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, worldwide license to:

  1. use the Service on your personal device(s) in the manner provided for in these Terms;

  2. access and view any Content, including User Content, made available in or through the Service;

  3. download and use the Content for personal, non-commercial purposes only.

In case you download or copy the Content, no right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You are not allowed to reproduce, publish, transmit, distribute, modify, create derivative works or otherwise use the Content for commercial or illegal purposes without prior written permission of Volumo or owner of the Content. You agree not to change or delete any ownership notices from Content downloaded or reposted from the Service, including, without limitation, audible and non-audible watermarks. Your violation of these Terms may result in dispute with the copyright owner and serious legal consequences.

Volumo reserves the right to alter or revoke this license or cease your access to the Content or the Service at any time in case of your violation of these Terms. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

Disclaimer of warranties, Limitation of liability

Shot version: This Service is provided to you “as is”, and we make no promises or guarantees about it. We will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under these Terms.

This Service is provided to you “as is”. Other than as expressly set out in these Terms or any of our policies in the Service, to the fullest extent permitted by law, Volumo disclaims all warranties, express or implied, regarding the Service, its features and Content you may access through the Service, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or that the Service will be uninterrupted or error free.

You acknowledge that Volumo has no control over and is not responsible for any information, materials, Content, available in the Service, their accuracy, legality, copyright compliance or decency, and therefore shall not be in any case held liable for any unauthorized use of the Service or Content.

We do not guarantee that any files downloaded from the Service and the Service itself are compatible with your devices, browsers or software and do not contain viruses or anything else harmful.

Volumo is not a buyer, a seller or otherwise a party to the transactions between the users within the Service. Volumo is not responsible for and will not be involved in resolving any disputes related to or arising out of any transaction between the users.

In no event shall Volumo, its founders, directors, employees, contractors or partners be liable for any (i) direct, indirect, incidental, special, punitive, compensatory or consequential damages, (ii) lost profits, revenues, information or data, related to any use or inability to use the Service or Content, including, without limitation, any damages, caused by mistakes, omissions, interruptions, defects, viruses, even if Volumo has been advised of the possibility of such damages.

The foregoing provisions do not apply to the extent prohibited by the applicable law.

Indemnification

Shot version: You are responsible for your use of the Service. If you harm someone else or get into a dispute with someone else, we will not be involved.

You agree to defend, indemnify and hold harmless Volumo, its founders, directors, employees, contractors or partners from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of the Service, Content or features available through the Service, (iii) infringement by you of any intellectual property or other right of any person or entity or (iv) your failure to pay any royalties or fees in connection with the public performance of the User Content; (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

You also agree to reimburse Volumo for any damage, loss, cost or expense Volumo incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts) in connection with the defense or settlement of the foregoing, because of your use of the Service for any unlawful or prohibited purpose.

We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.

Short version: The Service may contain links to the websites and services we do not control. You must follow other terms when you use such websites or services provided by other parties.

Some features of the Service may be made available or accessed in connection with third-party websites or services that Volumo does not control.

We are not responsible for the content and functionality of those or any other websites or services, as well as for any losses, damages or other liabilities incurred as a result of your use of any linked websites or services.

You acknowledge that different terms of use and privacy policies may apply to your use of such third party websites, services and content. Volumo is not responsible for the personal data processed by third-party websites and services.

Electronic communications

Short version: We use email to be in contact with our users. You can unsubscribe from marketing emails.

By providing your email, you understand and agree that we may send you the electronic communications, including (i) notifications on the Service updates; (ii) information or materials regarding your use of the Service and transactions; (iii) information on these Terms updates, and (iv) notices regarding other users’ reports or claims.

Please note that some emails may be more “commercial” because they may contain advertisements of Volumo services that we believe you may be interested in, or may otherwise contain elements of our marketing campaign or promotional news offered by Volumo.

You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

Applicable law and jurisdiction

Shot version: This agreement is governed by the laws of Estonia. We hope to resolve all the issues by peaceful means, but in case a serious dispute arises between us, it must be resolved in the national court of Estonia.

Except as otherwise set forth in these Terms or any policies, these Terms shall be exclusively governed by and construed in accordance with the laws of Estonia.

If any material in the Service, or your use of the Service is contrary to the laws of the place where you are when you access it, the Service is not intended for you, and we ask you not to use it. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that any dispute, conflict, claim or controversy directly or indirectly arising out of or in connection with the Service or these Terms, including, those relating to its validity, its construction or its enforceability shall be resolved by means of amicable negotiations directly with Volumo team in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the dispute shall be settled exclusively in the national court of Estonia, subject to its jurisdiction rules, with the applicable substantive law of Estonia.

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Termination

Shot version: We may terminate your access to the Service, if you violate these Terms. You may terminate this Agreement with Volumo by deleting your Account and no longer using the Service. All licenses provided in these Terms may cease in result of such termination.

Termination by Volumo. We reserve the right, at any time at our sole discretion, to: modify, suspend or discontinue the Service, Content, feature or offers through the Service, with or without notice; and/or offer or cancel opportunities to some or all users of the Service. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Service.

Volumo reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or Account, removal of your User Content. Volumo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Termination by you. You may terminate this agreement with Volumo at any time by deleting your Account as set forth in section “Account registration” herein and no longer accessing or using the Service. If you terminate this Agreement, all permissions and licenses granted to you in these Terms will immediately terminate having regard to the above. Please note that the remaining balance on your Account will not be refunded in case of the Account deletion.

Upon your request at the time of deleting your Account, we may remove all content and data associated with your Account and activity from our servers. Please read our Privacy Notice for more information about your personal data and its storage.

Other terms

If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.

We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms. You cannot transfer your rights or obligations under these Terms without our consent.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Please, contact us at support@volumo.com to conclude this or separate agreement in writing.

We reserve the right, at any time at our sole discretion, to modify these Terms. In case of material changes affecting your use of the Service, we’ll notify you prior to the changes’ effective date by posting a notice in the Service.

Contact information

If you have any questions or comments about these Terms of Service or the Service, please contact us by:

support@volumo.com

  1. +372 712 0673

Ahtri tn 12, 10151, Tallinn, Estonia

Disclaimer: The original, legally binding version of this document is written in English, and may be translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.