Balooga is operated by KleinCodes, LLC (hereinafter, "Company" "we", "our" or "us"). These Terms and Conditions apply to the website located at www.balooga.app ("Website") and the Balooga app ("App") that can be downloaded from app stores (collectively, the "Services").
BY ACCESSING OR USING THE SERVICES, YOU ACCEPT THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE WITH THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICES. THESE TERMS CONTAIN A CLASS ACTION WAIVER. PLEASE READ THAT SECTION CAREFULLY, SINCE IT AFFECTS YOUR LEGAL RIGHTS.
Privacy
Use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference.
Eligibility & Registration
By using the Services, you acknowledge and agree that you are at least 18 years of age or the age of majority in the location from where you access and use the Service. You may not use the Services if you are under 13.
Your Use of Our Services and Third Party Services
We may present information and content that is our copyrighted and/or trademarked work or of our third-party licensors, including but not limited to logos, graphics, product information, and other third party content (collectively, “Our Content”). Subject to these Terms, We grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to use, display and download Our Content solely for your personal, non-commercial use. You have no other rights in the Services or Our Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Services or Our Content. You understand and agree that We own the Services.
The Service may be linked to other websites or services that are not affiliated with Us (collectively, “Third-Party Sites”). The Service may allow you to interact with such Third-Party Sites and you may be transferred to a Third-Party Site through a link. You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms than these Terms, and you agree that your use of such Third-Party Sites are governed by the respective Third-Party Site’s privacy policy and terms.
Sales Terms
Purchases When you make a purchase, Our third-party payment provider will collect your credit or debit card details and charge your card in connection with your purchase. You agree to pay all fees for orders you place with us based on our then-current fees, charges, and billing terms. You expressly agree that We are permitted to bill you for the applicable fees and taxes, and other charges you may incur in connection with your purchase. We are not liable for any loss caused by any unauthorized use of your credit card, debit card or any other method of payment by a third party in connection with your use of the Services or a purchase.
Subscriptions; Renewals & Cancellations You may purchase a subscription directly from Us or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Services for a specific time period (“Pre-Paid Period”). We may change the price for the subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect.
Your payment to Us or the third party through which you purchased the Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. You may cancel your subscription at any time, through your Apple account, by following the instructions here. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
Content You Create
From time to time you may submit, upload, publish, or otherwise make available to Us through the Services, via email, or in any other way, information, messages, comments, textual, audio, and/or visual content, video content captured through the Services (each “User Content”).
You retain ownership of your User Content but agree that any User Content provided by you in connection with the Service is provided on a non-proprietary and non-confidential basis and you grant Us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, and distribute your User Content, in any form, medium, known or developed. If you send or transmit any communications, comments, questions, suggestions, or related materials whether by email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality, all such Feedback is, and will be treated as, non-confidential and nonproprietary.
Additional App Terms
You acknowledge and agree that these Terms and Conditions are solely between you and Us, not Apple, and that Apple has no responsibility for the App. Your use of the App must comply with Apple’s App Store Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Us as provider of the App.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Us as provider of the App. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and We acknowledge and agree that Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms and Conditions as relates to your license of the App, and that, upon your acceptance of the these Terms, Apple will have the right to enforce these Terms as it relates to your license of the App against you. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
Disclaimer of Warranties
Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL WE: (A)BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASES OR USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; (B) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR RELATED, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THEIR POSSIBILITY.
Indemnification
You agree to indemnify, defend and hold Us harmless from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Services, (ii) any breach by you of any of these Terms and Conditions, and (iii) any violation of applicable law.
Class Action Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Governing Law
You agree that the laws of the State of New York govern these Terms, as well as any claim, dispute, action or issue that might arise out of or in connection with your use of the Services. Any action or proceeding relating to the Services must be brought in a federal or state court located in New York and you irrevocably submit to the jurisdiction and venue of any such court in any such claim or dispute.
Other Terms
A failure or delay by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right. These Terms and any policies s posted by Us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and Us and govern your use of the Service, superseding any prior or contemporaneous agreements. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.We may terminate or suspend your account and your access to the Services at any time, for any reason. If we do so, it’s important to understand that you don’t have a legal right to continue to use our Services. We also retain the right to suspend or terminate the Services at any time.
Changes to These Terms; Contact Us
These Terms are current as of the date set forth below. If we make any material changes, we will provide you with notice of such change by highlighting the change on our Website or by emailing you. If you have any questions about our Terms or would like to remove your information from our marketing lists, you may contact us at [email protected].
Last Updated: August 15, 2019