Please read these site terms carefully. By accessing or using this site or our services, you agree to be bound all of the terms and conditions described in these site terms. If you do not agree to all of these terms and conditions, do not use our site.
These site terms apply to your access and use of our site located at www.balloonduck.com and Balloonduck's social networking services (available via Balloonduck's site). These site terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using our site on behalf of any entity, you represent and warrant that you are authorized to accept these site terms on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these site terms.
We reserve the right to change or modify these site terms or any policy or guideline of our site, at any time. Any changes or modification will be effective immediately upon posting of the revisions on our site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on our site ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
Our site includes interactive areas ("Interactive Areas") in which you or other users may post, link, store or otherwise make available certain information, text and/or other materials ("User Content"). You are solely responsible for your use of the Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our site any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our site.
We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, User Content or Third Party Content (as defined below) provided by users in any public forum or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, we reserve the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you post or store on our site, at your sole cost and expense.
We do not own the User Content you post to our site, but in posting User Content to our site, you grant us a nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with our site. You may cancel this license at any time by removing the User Content from our site by using the easily available delete button.
We provide third party content on our site and provide links to sites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content.
You are granted a right to create a text hyperlink to our site for noncommercial purposes, provided such link does not portray us or our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use, frame or utilize framing techniques to enclose any Balloonduck trademark, logo or other proprietary information, including the images found at our site, the content of any text or the layout/design of any page or form contained on a page on our site without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from our site or sites linking to our site.
We may run advertisements and promotions from third parties on our site or may otherwise provide information about or links to third-party products or services on our site. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Balloonduck advertisers or third party information on our site.
Unless otherwise indicated on our site, our site and all content and other materials on our site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use our site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these site terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of our site, the Site Materials or any information contained therein, except as expressly permitted on our site; or (vi) any use of our site or the Site Materials other than for its intended purpose. Any use of our site or the Site Materials other than as specifically authorized in these site terms, without the our prior written permission, is strictly prohibited and will terminate the license granted in these site terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these site terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of our site, the Site Materials, the Interactive Areas and/or our services; (ii) your conduct; (iii) your violation of these site terms or your violation of the rights of any third party; or (iv) any User Content.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, OUR SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT, ANY HYPERLINKS, OUR SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE (COLLECTIVELY, "BALLOONDUCK CONTENT/SERVICES") ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY BALLOONDUCK CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY BALLOONDUCK CONTENT/SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL BALLOONDUCK CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE BALLOONDUCK CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA OUR SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE PATH CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
These site terms and your use of our site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these site terms will be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these site terms.
We have the right, without notice and in its sole discretion, to terminate your license to use our site, and to block or prevent your future access to and use of our site.
We actively collect certain information you voluntarily provide to us, such as when you create an account and profile, send us an email or post information or other content to our site.
We automatically collect certain information when you use our site and our services, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring site and your activity on our site. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.
We may also automatically collect certain information through the use of "cookies" or web beacons.
to provide our services or information you request, and to process and complete any transactions;
respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
to monitor and analyze site usage and trends, and to personalize and improve our site and our users’ experiences on our site, such as providing ads, content, or features that match their profiles or interests, and to increase our site's functionality and user friendliness;
to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, our site; and for any other purpose for which the information was collected.
with service providers who are working with us in connection with the operation of our site or our services;
when you give us your consent to do so, including if we notify you on our site that the information you provide will be shared in a particular manner and you provide such information;
when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;
in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of us.
We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.