Terms of Service ("Terms")

Last update: December 18, 2023

This page is automatically translated by an online traductor, if you need a original copy in Spanish of this page ask to ballooncolor@waikiki.com.mx

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.ballooncolor.com website (the "Service") operated by BalloonColor ("we ", "we" or "our").

Your access and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the terms, then you should not access the Service.

Shopping

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to provide certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method in connection with any Purchase; And that (ii) the information you provide us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties in order to facilitate the completion of Purchases.

The purchase of the services offered in the 'Subscription' plan are available without refund, for this we will necessarily offer a 7-day trial prior to your purchase at no charge to test our services, I feel your total responsibility to acquire the subscription and cancellation of the service.

Similarly, the purchase of Credits for downloading designs is offered. These designs will be previously uploaded which are for the exclusive use of the user who downloads them, accepting that they may not under any circumstances share, derive, sell or otherwise share these designs with third parties. If you do so, you could be subject to temporary or permanent suspension of the service. All Premium plans include a number of credits that will be renewed each Billing period. The free trial grants 3 credits, the annual subscription 10 credits and the annual subscription 120 credits. These credits will be renewed each Billing period. If credits remain from the previous month or if extra credits were acquired, they will expire and the indicated credits will begin again at the beginning of the Billing period.

Availability, errors and inaccuracies

We are constantly updating our product and service offerings on the Service. The products or services available on our Service may be mispriced, described incorrectly, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material ("Content"). You are responsible for the Content you post on the Service, including its legality, reliability and appropriateness

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publish, reproduce and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant the rights and license provided in these Terms, and (ii) the publication of your Content on o Through the Service you do not violate the privacy rights, publicity rights, copyrights, contractual rights or other rights of any person.

Accounts

When you create an account with us, you must provide us with accurate, complete and current information at all times. Failure to comply with these conditions constitutes a breach of the Terms, which may result in the immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual property

The Service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of BalloonColor and its licensors. The Service is protected by copyright, trademark and other laws of both Mexico and other countries. Our trademarks and apparel may not be used in connection with any product or service without the prior written consent of BalloonColor.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by BalloonColor.

BalloonColor has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BalloonColor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites. or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to cancel your account, you may simply discontinue using the Service.

Limitation of liability

In no event will BalloonColor, nor its directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill. , Or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; And (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such. damages and even if a remedy set forth herein is found to have failed of its essential purpose.

Resignation

Use of the Service is at your own risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

BalloonColor its subsidiaries, affiliates, and its licensors do not warrant that: a) the Service will function uninterrupted, secure or available at any particular time or location; B) any errors or defects will be corrected; C) the Service is free of viruses or other harmful components; OR d) the results of using the Service will meet your requirements.

Governing law

These Terms shall be governed and construed in accordance with the laws of Mexico, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you whenever our terms are updated.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact us

If you have any questions about this Privacy Policy, please contact us.