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IMPORTANT: ALL USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS
By using this site (the "Site"), you (the "End User") agree to
the terms and conditions that we (" balloonsolutions.com ") have
provided. If you do not wish to agree to the outlined terms and
conditions, please refrain from using our site.
A Balloon & Party Centre Pty Ltd reserves the right to make
any changes to our Terms of Use and/or our Privacy Policy as we
deem necessary or desirable without prior notification to you. We
suggest to you, therefore, that you re-read this important notice
containing our Terms of Use and Privacy Policy from time to time in
order that you stay informed as to any such changes. If we make
changes to our Terms of Use and Privacy Policy and you continue to
use our Site, you are impliedly agreeing to the Terms of Use and
Privacy Policy expressed herein.
TERMS OF USE
1. Definitions.
" balloonsolutions.com " is the interactive online service operated
by A Balloon & Party Centre Pty Ltd on the World Wide Web of
the Internet (the "Web"), consisting of information services,
content, and transaction capabilities provided by
balloonsolutions.com, affiliates of A Balloon & Party Centre
Pty Ltd and other third parties.
2. General.
This agreement ("Agreement") sets forth the terms and conditions
that apply to the use of this Site by the End User. By using this
Site (other than to read this Agreement for the first time), End
User agrees to comply with all of the terms and conditions hereof.
The right to use this Site is personal to End-User and is not
transferable to any other person or entity. End User shall be
responsible for protecting the confidentiality of End User's
password(s), if any. End User acknowledges that, although the
Internet is generally a secure environment, sometimes there are
interruptions in service or events that are beyond the control of
balloonsolutions.com, and A Balloon & Party Centre Pty Ltd
shall not be responsible for any data lost while transmitting
information on the Internet.
A Balloon & Party Centre Pty Ltd shall have the right at any
time to change or discontinue any aspect or feature of
balloonsolutions.com, including, but not limited to, content, hours
of availability and equipment needed for access or use.
3. Modified Terms.
A Balloon & Party Centre Pty Ltd reserves the right at all
times to discontinue or modify any of our Terms of Use and/or our
Privacy Policy as we deem necessary or desirable without prior
notification to you. Such changes may include, among other things,
the adding of certain fees or charges. We suggest to you,
therefore, that you re-read this important notice containing our
Terms of Use and Privacy Policy from time to time in order that you
stay informed as to any such changes. If we make changes to our
Terms of Use and Privacy Policy and you continue to use our Site,
you are implicitly agreeing to the Terms of Use and Privacy Policy
expressed herein. Any such deletions or modifications shall be
effective immediately upon balloonsolutions.com's posting thereof.
Any use of A Balloon & Party Centre Pty Ltd by End User after
such notice shall be deemed to constitute acceptance by End User of
such modifications
4. Equipment.
End User shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of this Site and all charges related thereto. A Balloon
& Party Centre Pty Ltd shall not be liable for any damages to
the End User's equipment resulting from the use of this Site.
5. End User Conduct.
This Site and any individual microsites now or hereinafter
contained within or otherwise available through external hyperlinks
with our Web site (the "Microsites") is private property. All
interactions on this Site and/or the Microsites must comply with
these Terms of Use. Although we welcome and encourage user
interaction on our Site, we do insist and require that all end
users restrict any and all activity in connection with the use of
this Site and the Microsites to that which involves lawful purposes
only. End User shall not post or transmit through this Site any
material which violates or infringes in any way upon the rights of
others, or any material which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law, or which, without
balloonsolutions.com's express prior approval, contains advertising
or any solicitation with respect to products or services. Any
conduct by an End User that in balloonsolutions.com's exclusive
discretion restricts or inhibits any other End User from using or
enjoying this Site and/or any of the Microsites is strictly
prohibited. End User shall not use this Site or any of the
Microsites to advertise or perform any commercial, religious,
political or non-commercial solicitation, including, but not
limited to, the solicitation of users of this Site and/or the
Microsites to become users of other on- or offline services
directly or indirectly competitive or potentially competitive with
balloonsolutions.com.
The foregoing provisions of this Section 5 apply equally to and
are for the benefit of balloonsolutions.com, its subsidiaries,
affiliates and its third party content providers and licensors, and
each shall have the right to assert and enforce such provisions
directly or on its own behalf.
6. Copyright and Trademarks.
7. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES
IS AT END USER'S SOLE RISK. NEITHER balloonsolutions.com, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT A Balloon &
Party Centre Pty Ltd WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS
SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT A
Balloon & Party Centre Pty Ltd IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH END USER.
IN NO EVENT SHALL balloonsolutions.com, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE
CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON THIS SITE AND THE MICROSITES
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER
balloonsolutions.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE
OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS
OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
A Balloon & Party Centre Pty Ltd IS NOT RESPONSIBLE FOR ANY
CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST
ON ITS THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS
POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY
BE TAKEN DOWN BY balloonsolutions.com. MOREOVER, A Balloon &
Party Centre Pty Ltd RESERVES THE RIGHT TO EDIT, CHANGE, ALTER,
DELETE, PROHIBIT ANY AND ALL CONTENT THAT IT, balloonsolutions.com,
DEEMS UNSUITABLE.
8. Monitoring.
A Balloon & Party Centre Pty Ltd shall have the right, but not
the obligation, to monitor the content of the Site at all times,
including any chat rooms and forums that may hereinafter be
included as part of the Site, to determine compliance with this
Agreement and any operating rules established by
balloonsolutions.com, as well as to satisfy any applicable law,
regulation or authorized government request. Without limiting the
foregoing, A Balloon & Party Centre Pty Ltd shall have the
right to remove any material that balloonsolutions.com, in its sole
discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
9. Privacy.
10. License Grant.
By posting communications on or through this Site, End User shall
be deemed to have granted to A Balloon & Party Centre Pty Ltd a
royalty-free, perpetual, irrevocable, non-exclusive license to use,
reproduce, modify, publish, edit, translate, distribute, perform,
and display the communication alone or as part of other works in
any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple tiers of
sublicensees.
11. Indemnification.
End User agrees to defend, indemnify and hold harmless
balloonsolutions.com, its affiliates and their respective
directors, officers, employees and agents from and against all
claims and expenses, including attorneys' fees, arising out of the
use of this Site and/or the Microsites by End User.
12. Termination.
Either A Balloon & Party Centre Pty Ltd or End User may
terminate this Agreement at any time. Without limiting the
foregoing, A Balloon & Party Centre Pty Ltd shall have the
right to immediately terminate any passwords or accounts of End
User in the event of any conduct by End User which
balloonsolutions.com, in its sole discretion, considers to be
unacceptable, or in the event of any breach by End User of this
Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will
survive termination of this Agreement.
13. Trademarks.
14. Third Party Content.
balloonsolutions.com, similar to an Internet Service Provider, is a
distributor (and not a publisher) of content supplied by third
parties and End Users. Accordingly, A Balloon & Party Centre
Pty Ltd has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers, or any other end users are those of the respective
author(s) or distributors) and not of balloonsolutions.com. Neither
A Balloon & Party Centre Pty Ltd nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness for any
particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of
warranty.)
In many instances, the content available through this Site
represents the opinions and judgments of the respective information
provider, end user, or other user not under contract with
balloonsolutions.com. A Balloon & Party Centre Pty Ltd neither
endorses or is responsible for the accuracy or reliability of any
opinion, advice, or statement made on A Balloon & Party Centre
Pty Ltd by anyone other than authorized A Balloon & Party
Centre Pty Ltd employee spokespersons while acting in official
capacities. Under no circumstances will A Balloon & Party
Centre Pty Ltd be liable for any loss or damage caused by an end
user's reliance on information obtained through
balloonsolutions.com. It is the responsibility of End User to
evaluate the accuracy, completeness, or usefulness of any
information, opinion, advice, etc., or other content available
through balloonsolutions.com.
A Balloon & Party Centre Pty Ltd contains links to third
party Web sites maintained by other content providers. These links
are provided solely as a convenience to you and not as an
endorsement by A Balloon & Party Centre Pty Ltd of the contents
on such third-party sites and A Balloon & Party Centre Pty Ltd
hereby expressly disclaims any representations regarding the
content or accuracy of materials on such third-party Web sites. If
End User decides to access linked third-party Web sites, End User
does so at its own risk.
15. Miscellaneous.
This Agreement and any operating rules for A Balloon & Party
Centre Pty Ltd established by A Balloon & Party Centre Pty Ltd
constitute the entire agreement of the parties with respect to the
subject matter hereof. No waiver by either party of any breach or
default hereunder is a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience
only and shall be of no legal force or effect.
A Balloon & Party Centre Pty Ltd's office is in Australia.
Legal issues arising out of, but not exclusive to the use of, this
Site or the Microsites (unless otherwise specifically stated) are
governed by and in accordance with the laws of Australia. By using
this Site, End User agrees that the exclusive forum for the
bringing of any claims or causes of action arising out of or
relating to End Users use of the Site or the Microsites (unless
otherwise specifically stated) is the Australian Court Systems, or
if such court lacks subject matter jurisdiction. End User hereby
accepts and submits to the jurisdiction of such court in any such
proceeding or action, and irrevocably waives, to the fullest extent
permitted by law, any objection which End User may now or
hereinafter have to the laying of the venue of any such action or
proceeding brought in such a court and any claim that any such
action or proceeding brought in such a court has been brought in an
inconvenient forum.
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