Terms and Conditions

These Terms and Conditions outline the rules and regulations for the use of Balloon’s Website.

By accessing this website you hereby accept these Terms and Conditions in full. Do not continue to use Balloon’s website if you do not accept all of the Terms and Conditions stated on this page. If you are an organization or organizer using certain select services for events, the Organization Services Agreement (“Services Agreement”) govern your access and use of those services

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Data Privacy and Protection

In performing the Services, Balloon will comply with the Balloon Privacy Policy, which is incorporated herein by reference. The Balloon Privacy Policy is subject to change at Balloon's discretion. Balloon reserves the right to provide the Services from locations, and/or through use of subcontractors, worldwide. Client agrees to provide any notices and obtain any consent related to Client’s use of the Services and Balloon’s provision of the Services, including those related to the collection, use, processing, transfer, and disclosure of personal information. Client shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of all of its data.

To the extent event attendees’ Personal Information is sent by Client to our application from other resources and Client’s use of the Services involves transferring Personal Information outside the European Economic Area or Switzerland or the United Kingdom to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the Data Processing Addendum shall apply to such Personal Information and be incorporated into these Terms and Conditions.

License

Unless otherwise stated, Balloon and/or its licensors own the intellectual property rights for all material on Balloon. All intellectual property rights are reserved. You may view and/or print pages from https://www.joinballoon.com/ for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from the Services;
  2. Sell, rent or sub-license material from the Services;
  3. Reproduce, duplicate or copy material from the Services except as otherwise expressly permitted;
  4. Circumvent or disable any security or other technological features of the Service
  5. Gain unauthorized access to the Service, to other user accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
  6. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms related to the Service (except to the extent this restriction is prohibited by applicable law);
  7. Remove any proprietary notices or labels from the Service or any related materials
  8. Use the Service to transmit: (i) any content that is offensive, harassing, libelous, abusive, threatening, harmful, or otherwise objectionable; (ii) any material, non-public information about individuals or companies without the authorization to do so; or (iii) any trade secret of any third party;
  9. Violate any applicable international, federal, state, provincial, or local laws or regulations;
  10. Use or access the Service to build a competing service; or
  11. Redistribute content from Balloon (unless the content is specifically made for redistribution).

User Comments

  1. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Balloon does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Balloon, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Balloon shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  2. Balloon reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  3. You warrant and represent that:
  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

4.   You hereby grant to Balloon a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or the media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  1. Government agencies;
  2. Search engines;
  3. News organizations;
  4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
  5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

  1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
  2. dot.com community sites;
  3. associations or other groups representing charities, including charity giving sites,
  4. online directory distributors;
  5. internet portals;
  6. accounting, law and consulting firms whose primary clients are businesses; and
  7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of a link is in the context of general resource information or is otherwise consistent with the editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an email to hello@joinballoon.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Balloon’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Term and Termination

The term of these Terms and Conditions will commence on the date on which you first access or use the Service and will continue as long as you continue to access or use the Service, unless earlier terminated by Balloon.


Either party may terminate these Terms and Conditions, effective upon written notice to the other party, if the other party materially breaches these Terms and Conditions and such breach is incapable of cure, or (if such breach capable of cure) the breaching party does not cure such breach within 30 days of receiving notice of it. We may take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms and Conditions, including termination of these Terms and Conditions and/or the suspension or termination of your access to the Service or your account. We may also terminate this Agreement for convenience upon at least fifteen (15) days prior written notice to you. Additionally, we may terminate these Terms and Conditions, at any time, if we cease to provide the Services or if we consummate a Change of Control Transaction. “Change of Control Transaction” means any: (1) merger, sale of outstanding shares of stock of Balloon, or similar transaction or series of related transactions in which a third party acquires majority voting power of Balloon’s shares of stock; or (2) sale or transfer of all or substantially all of Balloon’s assets.


Subject to any limitations in the Services Agreement (if applicable), we may, at any time and without notice to you: (1) restrict, deactivate, and/or terminate your access to the Service (or any portion thereof); or (2) terminate or modify the Service (or any portion thereof). We will not be liable to you or any third party for any termination of or modification to the Service regardless of the reason for such termination or modification. If you are dissatisfied with any termination or modification of the Service, your only remedy is to stop using the Service.

If you find any link on our Website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Fraud or scam events

We take security, fraud, and scams very seriously at Balloon. By agreeing to our Terms & Conditions, Balloon organizers undertake not to engage in any fraudulent or scam events. Failing to do so will result in the suspension of the organizer account along with legal consequences especially if users were compromised.

Sale of tickets and refunds

Balloon organizers commit to treating event attendees with the highest care possible as well as investigate with care every refund request and accept or decline a refund to the best of their knowledge.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BALLOON NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF BALLOON IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BALLOON’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE LESSER OF: (1) THE AMOUNT OF FEES PAID BY YOU TO BALLOON DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION); OR (2) $100.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York, New York.