Andromeda S.r.l. (Andromeda) WEBSTORE Standard Terms & Conditions

 

Last updated: October 4, 2012

Welcome to AndromedaPower.net. Andromeda and/or its affiliates ("Andromeda") provide website features and other products and services to you when you visit or shop at AndromedaPower.net, use Andromeda products or services, use Andromeda applications for mobile, or use firmware and/or software provided by Andromeda in connection with any of the foregoing (collectively, "Andromeda Services"). Andromeda provides the Andromeda Services subject to the following conditions.

By using Andromeda Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Andromeda Services, and sometimes additional terms may apply. When you use an Andromeda Service (for example, Your Profile, Gift Cards, etc.) you also will be subject to the guidelines, terms and agreements applicable to that Andromeda Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Andromeda Power is committed to protecting Buyer and Users (Operators) privacy. The information Andromeda Power collects is used to manage Operator's accounts and Operator's orders. Andromeda Power will never sell, trade, or rent Operator's personal information to others.

ELECTRONIC COMMUNICATIONS

When you use any Andromeda Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Andromeda Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Andromeda Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Andromeda or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Andromeda Service is the exclusive property of Andromeda and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Andromeda Service are trademarks or trade dress of Andromeda in the U.S. and other countries. Andromeda's trademarks and trade dress may not be used in connection with any product or service that is not Andromeda's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Andromeda. All other trademarks not owned by Andromeda that appear in any Andromeda Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Andromeda.

PATENTS

Patents owned by Andromeda apply to the Andromeda Products and Services and to the features and services accessible via the Andromeda Services.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Andromeda or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Andromeda Services. This license does not include any resale or commercial use of any Andromeda Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Andromeda Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Andromeda or its licensors, suppliers, publishers, rights holders, or other content providers. No Andromeda Service, nor any part of any Andromeda Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Andromeda. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Andromeda without express written consent. You may not use any meta tags or any other "hidden text" utilizing Andromeda's name or trademarks without the express written consent of Andromeda. You may not misuse the Andromeda Services. You may use the Andromeda Services only as permitted by law. The licenses granted by Andromeda terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any Andromeda Service, 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 or password. If you are under 18, you may use the Andromeda Services only with involvement of a parent or guardian. Andromeda reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Andromeda reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Andromeda a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Andromeda and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Andromeda for all claims resulting from content you supply. Andromeda has the right but not the obligation to monitor and edit or remove any activity or content. Andromeda takes no responsibility and assumes no liability for any content posted by you or any third party.

CUSTOMER SERVICE

Customer service can be reached by email at:CustomerCare@AndromedaPower.net

RISK OF LOSS

All items purchased from Andromeda are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Andromeda does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Andromeda does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Andromeda attempts to be as accurate as possible. However, Andromeda does not warrant that product descriptions or other content of any Andromeda Service is accurate, complete, reliable, current, or error-free. If a product offered by Andromeda itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Andromeda Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

OTHER BUSINESSES

Parties other than Andromeda operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Andromeda does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE ANDROMEDA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING FIRMWARE, SOFTWARE AND HARDWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ANDROMEDA SERVICES ARE PROVIDED BY ANDROMEDA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ANDROMEDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ANDROMEDA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING FIRMWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ANDROMEDA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ANDROMEDA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ANDROMEDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANDROMEDA DOES NOT WARRANT THAT THE ANDROMEDA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING FIRMWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ANDROMEDA SERVICES, ANDROMEDA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ANDROMEDA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANDROMEDA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ANDROMEDA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING FIRMWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ANDROMEDA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By using any Andromeda Service, you agree that the Italian laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Andromeda.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Andromeda Power,

P.O. Box 1933

Costa Mesa, CA 92628, USA

http://www.AndromedaPower.net

Additional Andromeda Terms

1. Reverse Engineering. Andromeda retains all right, title, and interest in and to the Hardware, the Software and the Firmware, and all rights are reserved by Andromeda. You may not reverse engineer the Hardware, the Software and the Firmware of Andromeda's products.You may not disassemble, decompile, or translate the Software and the Firmware, or otherwise attempt to derive the source code of the Software and of the Firmware, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Andromeda and shall be deemed to be the confidential proprietary information of Andromeda.You may not, and you will not encourage, assist or authorize any other person to copy, modify,reverse engineer, decompile or disassemble, or otherwise tamper with, the Andromeda Hardware, Firmware and Software, whether in whole or in part, or create any derivative works from or of the Andromeda Hardware, Firmware and Software.
 
2. Disclose. Operators may not disclose the results of any benchmark test of the Hardware, Software, or Firmware to any third party without Andromeda's prior written approval.
 
3. Update and Monitoring. In order to keep the Andromeda Firmware and Software up-to-date, we may offer automatic or manual updates at any time and without notice to you. Buyer acknowledges and agrees that Andromeda and/or its licensors may provide for Product Version Updates, Functional Enhancement Updates, Service Updates and Hot Fixes (Software or Firmware updates) that will be automatically downloaded and installed on the system monitoring and collecting any available information including system data and session logs.
 
4. Use of the Andromeda Firmware and Software.You may use Andromeda Firmware and Software solely for purposes of enabling you to use and enjoy the Andromeda Services as provided by Andromeda, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Andromeda Firmware and Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Andromeda Firmware and Software or otherwise assign any rights to the Andromeda Firmware and Software in whole or in part. You may not use the Andromeda Firmware and Software for any illegal purpose. We may cease providing any Andromeda Firmware and Software and we may terminate your right to use any Andromeda Firmware and Software at any time. Your rights to use the Andromeda Firmware and Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Andromeda Firmware and Software that are specifically identified in related documentation may apply to that Andromeda Firmware and Software (or firmware and/or software incorporated with the Andromeda Firmware and Software) and will govern the use of such firmware and/or software in the event of a conflict with these Conditions of Use. All firmware and/or software used in any Andromeda Service is the property of Andromeda or its firmware and/or software suppliers and protected by United States and international copyright laws.
 
5. Use of Third Party Services.When you use the Andromeda Firmware and Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
 
6. Export Regulations; Government End Users.You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Andromeda Firmware and Software. If you are a U.S. Government end user, we are licensing the Andromeda Firmware and Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. §2.101), and the rights we grant you to the Andromeda Firmware and Software are the same as the rights we grant to all others under these Conditions of Use.