Balloon Art Online Terms of Use
- Your Relationship With Balloon Art Online; Acceptance of the Terms of Use
1.1. The website www.Balloonartonline.com (the “Website“) provides you a unique platform for watching video lessons in the field of balloon art and/or other fields and additional related services (collectively, the “Videos” and/or the “Services”). The Videos are provided to the Website by third parties. The Website is operated by:
Barak Dagan, Authorized Dealer, from 42 Kaplansi St. Givatayim, Israel.
1.2 Your use of the Website and the Services is subject to the terms and conditions of these Terms of Use, which form a binding legal agreement between you and Balloon Art Online.
1.3. By entering and/or using the Website and/or the Services, you are consenting to be bound by these Terms of Use. If you do not agree to be subject to all of these Terms of Use, you are advised not to enter the Website or use the Services.
1.4. You may not use the Services and may not accept the Terms of Use if you are not of legal age to form a binding contract with Balloon Art Online.
1.5. In order to provide the best possible experience for its users, Balloon Art Online is constantly innovating its Website and Software, and therefore reserves the right to update the Terms of Use at any time. You acknowledge and agree that the Services and the Website may change from time to time with or without prior notice to you. Balloon Art Online will not be liable to you or any third party should it exercise such right.
- Registration Data
2.1. In order to access some of the Services, you will be required to use an account and password that can be obtained by completing Balloon Art Online online registration form, which requests certain information and data (the “Registration Data“). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
2.2. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
- Video watching and access
3.1. Subject to your payment of certain fees (the “Watch Fee”), Balloon Art Online allows you to watch a Video or use a Service selected by you, and grants you with a permission to download the Video or Services and to make limited, personal and non-commercial use of the Video or Videos (the “Access“) and not to modify it, or any portion of it. Any of the Videos or Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose by you. We may limit the number of allowed downloads of the Videos or Services.
3.2. Without derogating from or limiting our other remedies, Balloon Art Online shall have the right to immediately terminate your Access to or use of the Service in the event of any activities which are in breach of the Terms of Use or conduct which, in Balloon Art Online’s judgment, interferes with the operation or use of the Services.
- Use of the Videos and Services by You
4.1. You agree to use the Videos and the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.2. By using the Services and/or the Videos you agree to comply with all of the following obligations and to make the following representations:
4.3.1. You must be at least 18 years old to use the Service.
4.3.2 You are responsible for any activity that occurs through your account. You also represent that all information you provide or provided to Balloon Art Online upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4.3.4. You agree that you will not solicit, collect or use the login credentials of other Balloon Art Online users.
4.3.5. You are responsible for keeping your password secret and secure.
4.3.6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
4.3.8. You have the legal right and capacity to use the Services and enter into these Terms of Use in your jurisdiction.
4.4. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
4.5. You represent that you understand and agree that Balloon Art Online cannot and will not be responsible for the Videos and you use the Videos at your own risk.
- Privacy and Your Personal Information
Protecting Your privacy is very important to Balloon Art Online. For information about our data protection practices, please enter Balloon Art Online Privacy policy, located at the bottom of our Website. You acknowledge that you have read and approved the Privacy policy of Balloon Art Online.
- Third Party Providers of Videos or Services
6.1. Balloon Art Online may enable third party providers (“Third Party Providers” or the “Third Party”) to submit or display on or via the Website data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, and other content or materials (collectively, the “Content“). The relationship between the Website and such third party content providers may be further governed by separate agreements entered into between them.
6.2. By submitting, applying, posting or displaying Content through the Website, the Third Party Provider represent and warrant that: (i) he owns such Content or otherwise has the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of the Content on or through the Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) he agrees to pay for all royalties, fees, and any other monies owed by reason of Content he publish on or through the Website; (iv) the related information he submits in connection with the Content are true and accurate; (v) he has the legal right and capacity to enter into these Terms of Use in his jurisdiction; (vi) he is aware that Balloon Art Online may choose not publish such content through the Services and/or the Website, based on its sole and absolute discretion; and (vii) he may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website or Services.
6.3. Balloon Art Online does not have any obligation to prescreen, monitor, edit, or remove any Content. If a Third Party Content violates these Terms of Use, the Third Party may bear legal responsibility for that Content.
6.4. Any Content will be non-confidential and non-proprietary and the Website will not be liable for any use or disclosure of Content. None of the Third Party’s Content will be subject to any obligation of confidence on the part of Balloon Art Online, and Balloon Art Online will not be liable for any use or disclosure of any Content provided to it by Third Parties.
6.5. Balloon Art Online is not responsible for the Content. Balloon Art Online makes no representations as to the accuracy, quality, suitability, functionality or legality of any content of the Content and you hereby waive any claim that you may have against Balloon Art Online with respect to such content.
6.7. The Services may contain links to other websites, you acknowledge and agree that the content of such is entirely the responsibility of its respective authors. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable and your linking to such websites is at your own risk and you acknowledge and agree that Balloon Art Online shall not be liable for any type of said Content.You acknowledge that Balloon Art Online may not always identify paid services, sponsored content, or commercial communications as such.
6.8. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Balloon Art Online may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- Intellectual Property Rights
7.1. The Service contains content such as Videos owned or licensed by Balloon Art Online.
7.2. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Videos or other Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit such Content and Videos.
7.3. The Balloon Art Online name and logo are trademarks of Balloon Art Online, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Balloon Art Online.
7.4 You acknowledge and agree that Balloon Art Online owns or has been legally licensed with all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services.
7.6. You may not frame or utilize framing techniques to enclose, or other proprietary information (including images, text, page layout, or form) of any of the Services or any part thereof.
- Warranties
8.1. Balloon Art Online’s Services, the Content, the Videos and all information, content, materials, products and services included on or otherwise made available to you through any of Balloon Art Online’s Services are provided on an “as is” basis.
8.2. The warranties stipulated in the Terms of Use, constitute the sole warranties of Balloon Art Online and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors.
8.3. ANY OF WEBSITES OR SERVICES ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; BALLOON ART ONLINE AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF BALLOON ART ONLINE’S WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, CLAIMS OR REPRESENTATIONS ARE HEREBY EXCLUDED.
8.4. Balloon Art Online makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free or that any information or data received on or through the Services will be free of infection by errors, viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.
8.5. Balloon Art Online shall not be responsible or held liable for any disturbances or malfunctions that any of Balloon Art Online’s Services, including the Website, may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.
8.6. Balloon Art Online may suspend the Services, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such Services, all at its sole discretion, without any prior notice. Balloon Art Online shall not be liable or responsible with respect to or in connection with, such suspension or termination.
8.7. You agree to indemnify, defend and hold harmless Balloon Art Online, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, made against Balloon Art Online by any third party due to or arising out of or in connection with your visit or use of any of Balloon Art Online’s Websites or Services.
8.8. As some jurisdictions do not allow some of the exclusions or limitations as set forth herein, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
- Limitation of Liability
9.1. You acknowledge and agree that Balloon Art Online, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors shall have no liability in connection with or arising from your use or visit of any of Balloon Art Online’s Services.
9.2. In no event will Balloon Art Online be liable to any user of the Services or other party affected by the Services or the Software, for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits and savings and the like), or any other damages arising out of the unavailability, use, reliance on, inability to utilize or improper use of the Services or the Software, and regardless of the form of action, whether in contract, tort, or otherwise.
9.3. Your only right or remedy with respect to any damage, problem or dissatisfaction in connection with any of Balloon Art Online’s Services or the use or visit thereof is to cease use of the Services.
- Payments of the Watch Fee
10.1 We use a third party provider, PayPal, to provide secure online payment services for your payment of the Watch Fee. Use of PayPal is subject to PayPal’s own terms and conditions and privacy policy. You can find out more about PayPal at their website http://www.paypal.com
10.2 We are responsible only for submitting your payment to the payment processor. Any action after that is to be handled by PayPal. You must have a correct and existing PayPal account in a country whose accounts can receive money by PayPal and log in from one of those countries.
- General Legal Terms
11.1. These Terms of Use are governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. You agree to resolve any dispute you have with Balloon Art Online exclusively in the magistrate coutrs of Tel Aviv, Israel.
11.2. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Balloon Art Online’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Balloon Art Online reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Balloon Art Online.
Privacy Policy
- At Balloon Art Online we recognize that privacy is important to you. Balloon Art Online is committed to honor the privacy and security of visitors to our Website (as defined in the Terms of Use). We urge you to read the following Privacy Policy conditions. This Privacy Policy forms an integral part of the Terms of Use.
- By visiting the Website or using the Services (as defined in the Terms of Use), you signify your consent to the terms of Balloon Art Online’s Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use the Website. We reserve the right, at our sole discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. Your continued use of the Website following the posting of changes to these terms means you accept these changes.
- When you register to the Website and/or to the Services, you will be required to use the Registration Data (as defined in the Terms of Use). As part of the Registration Data requested, you are sometimes asked to provide certain information, including, but not limited to, your name, title, company, address, phone and e-mail address and line of business. We ask for the abovementioned personally identifiable information in order to facilitate your requests, provide personalized service, communicate separately with you and inform you about targeted marketing, service updates and promotional offers (unless you opt out). By providing any information and/or the Registration Data to the Website, all users fully understand and unambiguously consent to the collection and processing of the abovementioned information.
- We do not use your e-mail address to send you unsolicited e-mails. We may send you some marketing e-mails from time to time. We hope you like receiving emails from us – but if you prefer not to receive future e-mails, Balloon Art Online gives you the opportunity to opt-out,as further described in the e-mails body.
- Balloon Art Online may use information collected from your use of the Website to analyze trends, administer the use of the Website (or any of the services), provide customer support, compare information for accuracy, gather broad information for aggregate use, and target landing pages.In order to provide you with any of its services, Balloon Art Online may sometimes share any information with third parties, including without limitation, affiliates, carriers, partner service providers, suppliers, agents, or others. However, Balloon Art Online never shares personally identifiable information, such as your name, address or phone number. In addition, Balloon Art Online reasonably requires these third parties to take appropriate measures to protect the information provided to such third parties, to at least the same extent as required by this Privacy Policy and to observe the relevant legislation.
- Except as otherwise set forth herein, we do not sell, trade, or rent your personally identifiable information with any third parties outside of Balloon Art Online.
- Please be informed that, notwithstanding the abovementioned, in the event a designated competent authority shall request Balloon Art Online, to retain any information, Balloon Art Online shall provide all necessary assistance and information to fulfill this request.
- The Website may contain links to other sites. Other sites may also reference or link to the Website. Balloon Art Online is not responsible for the privacy practices or the content of such other sites.
- Balloon Art Online uses cookies to gather and store information. Cookies are pieces of data that a website transfers to user computer’s hard drive solely for record-keeping purposes. Cookies help Balloon Art Online make its Website and Services more useful by storing information on your preferences. Cookies enable Balloon Art Online to gain information about the use of its Website or Services and to enhance such according to the preferences of the users. The cookies do not personally identify you, but they will identify your computer. Your browser is most likely set up to accept cookies, however you may follow the instructions provided by your browser or mobile browser (usually located within the “Help”, “Tools” or “Edit” facility) to modify your cookie settings. Please note that if you set your browser to disable cookies or other technologies, you may not be able to access certain parts of our Service and other parts of our Service may not work properly.
- You are responsible for maintaining the secrecy of your unique password, account information and Registration Data, and for controlling access to emails between you and Balloon Art Online, at all times. Your privacy settings may also be affected by changes the social media services you connect to Balloon Art Online make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization
- Balloon Art Online may, at its sole discretion, amend this Privacy Policy at any time by giving you notice or by posting the amended Privacy Policy on the Website. Any amended Privacy Policy shall govern new user registrations from the date that it is posted on such Website. Your continued use of the Website or any of Balloon Art Online services following such date shall mean that you accept and agree to the amendments.
