Articles on: Legal

Terms & Conditions

ABOUT

Welcome to Balloonary.com, a product of SPOTICLE s.à r.l. By accessing and using this website/application, both within Luxembourg and internationally, you agree to comply with and be bound by the following terms and conditions of use, which, along with our privacy policy, govern SPOTICLE s.à r.l.’s relationship with you concerning this website/application. These terms may be updated from time to time.

OUR SERVICES

Balloonary.com provides online services that allow users to create, manage, and modify their own Balloonary.com websites. These services include customization of website design, uploading content, and running online campaigns to generate traffic. Users may also collect email addresses from their visitors via a dedicated email submission form.

Balloonary.com offers various service packages, both free and paid. The current specifications of these packages can be found on the Balloonary.com website. Free services may be discontinued at any time without users having a right to claim their continuation.

User websites are published under a subdomain either chosen by the user or automatically generated. Users may not redirect an externally hosted domain to a free Balloonary.com website, nor display a free Balloonary.com website on an external site (e.g., through frame or iframe integration).

In edit mode, Balloonary.com collects data from all websites to ensure quality, improve service, and provide users with website analytics. Balloonary.com may use third-party web analysis tools and services in compliance with legal data processing agreements.

To expand service offerings, Balloonary.com may integrate third-party services. Use of these services is subject to the respective provider’s terms and privacy policies. Balloonary.com is not liable for damages incurred through the use of third-party services, and users are responsible for reviewing privacy and data sharing policies before integration.

Balloonary.com may conduct user satisfaction surveys via the administration section of the website or through email. Participation is voluntary, and users may choose what information they provide.

CONTENT

The information on Balloonary.com is for general purposes and may change over time. While we strive to keep the information accurate and up-to-date, we make no warranties regarding its completeness, reliability, or suitability for any purpose. Any reliance on such information is at the user’s own risk.

Some content is generated by users, and the views expressed do not necessarily reflect those of Balloonary.com. We are not responsible for any user-generated content posted on the platform.

The design, layout, appearance, and graphics of this website/application are owned by or licensed to Balloonary.com. Reproduction is prohibited except as permitted by the intellectual property notice.

USER-GENERATED CONTENT

By submitting content to our website, you confirm that it is your original work, that it is not illegal or harmful, and that you have the right to grant us permission to use it. Once submitted, your content becomes public and visible to everyone.

You grant Balloonary.com a non-exclusive, royalty-free license to use, modify, and adapt your content without limitation. While you retain copyright, we may display your name unless you specifically request otherwise in writing.

If you do not wish to grant us permission to use your content, please refrain from submitting it. Balloonary.com reserves the right to delete any content without prior notice or explanation.

USE

By using Balloonary.com, you agree not to infringe on the rights of others, use the platform for illegal activities, or post inappropriate content. This includes, but is not limited to, offensive, fraudulent, harmful, or illegal content.

You may not distribute viruses, spam, or other harmful materials through our platform. Additionally, any action that disrupts the normal functioning of Balloonary.com is prohibited.

TERMS OF PAYMENT

If you use Balloonary.com’s paid services or third-party services, you agree to the terms and privacy policies of both Balloonary.com and the third-party provider. You must be at least 18 years old to use Balloonary.com’s paid packages.

Charges for paid services are due in advance for the full contract period. Payments are processed through external providers (e.g., Stripe), and Balloonary.com does not accept other forms of payment. If payment is not received, Balloonary.com may deactivate your website and delete its subdomain. Services will resume only after full payment is made.

Refunds are not offered for early termination of paid services, and any refunds granted will be processed through the original payment method. Balloonary.com is not liable for losses or damages due to delayed or incomplete payments attributable to the user.

Prices are subject to change, and existing users will be notified before any changes take effect at the beginning of the next contractual period. All prices include VAT where applicable.

REFUNDS

Advance payments are non-refundable upon contract termination or website deletion before the end of the contract period. Refunds, if applicable, will be made through the same payment method used by the customer or another method specified by Balloonary.com.

Charges incurred due to refunds, denied payments, or dispute claims may be invoiced to the user. For payment inquiries, users can contact customer support.

RESTRICTED ACCESS AREAS

Certain areas of the Balloonary.com platform are restricted to registered or authorized users. Access may require a user ID and password, which must be kept secure.

Users must log out after each session and ensure the accuracy of their account information. Balloonary.com reserves the right to take action against accounts that violate these terms.

SENDING PERMISSION

When collecting emails via Balloonary.com, users are responsible for ensuring compliance with privacy laws. Permission from recipients is required before sending marketing emails, and campaigns must include an unsubscribe option. Failing to comply with email marketing regulations may result in account suspension.

AD BUYING THROUGH BALLOONARY

When using the Ad Buying feature, users must comply with both Balloonary’s terms and the policies of the ad platforms (e.g., Facebook, Google, LinkedIn). Non-compliance may result in ad rejection or account suspension.

PERSONAL SAFETY

Users should not share personal information on Balloonary.com. Refer to our Privacy Policy for more information on how we handle personal data.

INTELLECTUAL PROPERTY

All content, trademarks, designs, and other intellectual property on the Balloonary.com platform are protected by law. Unauthorized use of this content is prohibited and may result in legal action.

LIABILITY AND WARRANTY

Balloonary.com is not liable for any loss or damage arising from the use of the website, including indirect or consequential damages. The website may be temporarily unavailable, and Balloonary.com is not responsible for any resulting losses.

CHANGES TO THESE TERMS OF USE

We reserve the right to update these terms at any time. Users are responsible for staying informed of any changes.

NOTICES

Formal communications should be sent by registered mail to SPOTICLE s.à r.l., 23, rue de l’Hippodrome, L-1730 Luxembourg. General service communications may be sent by email to support@balloonary.com.

APPLICABLE LAW & JURISDICTION

These terms are governed by Luxembourg law. In case of legal disputes, the courts of Luxembourg will have exclusive jurisdiction.

Updated on: 16/09/2024

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