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What you are
not allowed to do Subject to these Terms and Conditions, you are not allowed to:
copy, disclose, modify, reformat, display, distribute, license, transmit, sell,
perform, publish, transfer or otherwise make available any contents of the Site
or any information learned by you whilst using the Site; remove, change or
obscure in any way anything on the Site or otherwise use any material contained
in the Site except as set out in these Terms and Conditions; reverse engineer or
decompile (whether in whole or in part) any software used in the Site (except to
the extent expressly permitted by applicable law); include or create links
(including deep-linking) to or from the Site or any materials contained on the
Site; copy or use any material from the Site for any commercial purpose; or
remove, obscure or change any copyright, trade mark or other intellectual
property right notices contained in the original material or from any material
copied or printed off from the Site.
You must only
use the Site and anything available from the Site for lawful purposes and you
must comply with all applicable laws, statutes and regulations. You must not use
the Service to: post, upload or otherwise transmit messages, information or
pictures that are obscene or pornographic, threatening, menacing, racist,
offensive, defamatory or otherwise unlawful; upload files that contain software
or other materials in breach of any intellectual property rights or in breach of
confidence; download any file or materials posted by another user that you know,
or reasonably should know, cannot be copied or otherwise used; harass, stalk,
threaten or otherwise violate the rights of others; harm or threaten to cause
harm to minors; impersonate anyone else or otherwise misrepresent your identity
or status; hack into, make excessive traffic demands, deliver viruses or forward
chain letters, surveys, contests, pyramid schemes or otherwise engage in any
other behaviour intended to inhibit other users from using and enjoying the Site
or any other web site, or is otherwise likely to damage or destroy our
reputation or the reputation of any third party; collect and process others'
personal data; or advertise or offer to sell goods or services. We accept no
obligation to monitor the use of the Site. However, we reserve the right to
disclose any information as required by law and/or to remove, refuse to post or
to edit any information or materials, to block your access and to take such
other action as may be reasonably necessary to prevent any breach of these Terms
and Conditions or any breach of applicable law or regulation. We will also, in
our absolute discretion, fully co-operate with law enforcement and other
relevant authorities with respect to any investigation of suspected unlawful
activity or violation of network security.
Your personal
information
Our usage of
your personal information is governed by our Privacy Policy which forms part of
these Terms and Conditions.
Rights
All copyright
and other intellectual property rights in any material (including text,
photographs, videos, graphics, music, sound and other material images) contained
in this Site is either owned by us or has been licensed to us by the rights
owner(s) (or a third party authorised by such rights owner(s)) for use on our
Service. You are only allowed to use this Site and the material contained on the
Site as set out in these Terms and Conditions. If you wish to do anything else
with any of the material, you must first obtain the written permission of the
owner of the rights in that material. The Site contains trade marks, including
our name and logo. All trade marks included on this Site belong to us or have
been licensed to us by or with the authority of the trade mark owner(s) for use
on our Site. You are not allowed to copy or otherwise use any of these trade
marks in any way except as set out in these Terms and Conditions. If you wish to
do anything else with any trade mark, you must first obtain the written
permission of the owner of that trade mark. You must notify us immediately if
you become aware of any unauthorised access, use or copying by any person of any
part of, or material on, the Site.
Disclaimer and
limitation of liability
We do not, and
nothing in these Terms and Conditions shall act to, exclude or limit our
liability for death or personal injury resulting from our negligence, fraud or
any other liability, which may not by applicable law be excluded or limited.
Subject to the above provision, in no event shall we or any of our content
providers be liable for any damages whatsoever, including but not limited to any
direct, indirect, special, consequential, punitive or incidental damages, or
damages for loss of use, profits, data or other intangibles, or the cost of
procurement of substitute goods and services, arising out of or related to the
use, inability to use, unauthorised use, performance of non-performance of our
Site or Services, even if we have been advised previously of the possibility of
such damages and whether such damages arise in contract, negligence, tort, under
statute, in equity, at law or otherwise. Because some jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. If you are dissatisfied with
any portion of this Site or with any of these Terms and Conditions, your sole
and exclusive remedy is to discontinue using this Site. You agree that your use
of the Service is on an "as is" and "as available" basis and
at your sole risk. In light of this, we make no warranties, express or implied
(statutory or otherwise), with respect to the Site and/or the Service including
but not limited to any implied term or condition of, merchantability,
satisfactory quality, fitness for a particular purpose, non-infringement of
proprietary rights or any term as to provision of services with reasonable care
and skill. You agree that the obtaining of any material through the use of the
Service is carried out at your own risk and that we have no liability to you in
respect of such material or the effects of such material. We try to make sure
that all information contained on the Site is correct, but we do not accept any
liability for any error or omission. You should not act on any information on
the Site. We may change the format and content of the Site at our sole
discretion from time to time. You should refresh your browser each time you
visit the Site to ensure that you download the most up to date version of the
Site. This Site includes links to external sites and co-branded pages. We have
included links to these sites and co-branded pages to provide you with access to
information and services, which you may find useful or interesting. We are not
responsible for the content of these sites and pages or for anything provided by
them. The inclusion of links to external web sites does not imply any
endorsement of the material on such web sites or any association with their
operators. You acknowledge that we are unable to exercise control over the
security or content of information passing over the network or via the Service
and we hereby exclude all liability for any kind for the transmission or
reception of infringing or unlawful information or material of whatever nature.
We are not liable for any action you may take as a result of relying on any
information provided in this Site, or for purchasing any goods or services from
this Site or any web page or site linked to the Site, or for any loss or damage
suffered by you as a result of you taking this action.
Indemnity by
you
You
irrevocably and unconditionally agree to indemnify fully and to hold us harmless
on demand from and against any claim brought by a third party resulting from the
use of the Service by you and in respect of all losses, costs, actions,
proceedings, claims, damages, expenses (including reasonable legal costs and
expenses), or liabilities, whatsoever suffered or incurred directly by us in
consequence of your breach or non-observance of these Terms and Conditions. You
shall defend and pay all costs, damages awards, fees (including any reasonable
legal fees) and judgments awarded against us arising from the above claims and
shall provide us with notice of such claims, full authority to defend,
compromise or settle such claims and reasonable assistance necessary to defend
such claims, at your sole expense.
Suspension and
termination of Service
We may suspend
the operation of the Site for repair or maintenance work or in order to update
or upgrade the contents or functionality of the Site from time to time. We may
terminate your access to and use of the Site and the Service without cause or
notice.
Enquiries or
complaints
If you have
any enquiries or complaints about the Service then please address them to
Contact Us.
General
We may change
these Terms and Conditions from time to time. By accessing the Site you are
accepting that you are bound by these current Terms and Conditions and so you
should check these each time you revisit the Site.
These Terms
and Conditions form the entire understanding between you and us and supersede
all previous agreements, understandings and representations relating to the Site
or the Service. We may delay enforcing our rights under these Terms and
Conditions without losing them. You agree that we may sub-contract the
performance of any of our obligations or may assign these Terms and Conditions
or any of our rights or obligations without giving you notice. We will not be
liable to you for any breach of these Terms and Conditions, which arises because
of any circumstances which we cannot reasonably be expected to control. You
agree that no joint venture, partnership, employment or agency relationship
exists between you and us as a result of these Terms and Conditions or use of
this Site. If any part of these Terms and Conditions is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the Terms and Conditions shall continue in effect.
Governing Law
These Terms
and Conditions shall be governed and interpreted in accordance with English law
and you consent to the exclusive jurisdiction of the English courts.
Copyright and
Trade Mark Notices
All contents
of this Site are: © Balloon Meet Support Services Limited and/or its suppliers.
All rights reserved.
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