TERMS AND CONDITIONS
Balla (“Company”) website (the Site) is currently provided free-of-charge to users who agree to abide by the terms and conditions of this Agreement. The Company reserves the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as the Company sees fit. Users who violate the terms of this Agreement will have their access canceled and may permanently be banned from using the Site and any of its interactive services.
Users should check these terms and conditions periodically. By using the Site after we post changes to these Terms you agree to accept those changes, whether or not you actually reviewed them.
Using the Site will constitute your acceptance of these Terms. If you do not agree to abide by these terms, please do not use the Site for any purpose.
INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, copyrights, trade dress, or other intellectual property appearing in the Website are owned by Balla (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Balla and you, all right, title and interest in and to the Content will at all times remain with Balla and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, are registered and/or common law trade names, trademarks or service marks of Balla.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) is the property of the Company and/or its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by the Company and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from The Site or any other website owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials and other downloadable items displayed on the Site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from the Company. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of the Company or such third party that may own the trademark or copyright of information displayed on this Site.
The Company is not responsible for the content of any sites that may be linked to or from the Site, or any bulletin board associated with the Company. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from this Site is independent from the Company, and the Company has no control over the content of that website. In addition, a link to any other website does not imply that the Company endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by the Company of that third party or of any product or service provided by a third party.
DISCLAIMERS AND INDEMNITY
By using the Site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. ??The information contained in this Site is for general guidance on topics selected by the Company. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that the Company and various authors and publishers’ providing such information are not engaged in, and that providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute for direct consultation with professional advisors.
This Site contains facts, views opinions, statements and recommendations of third-party individuals and organisations. None of them or the Company (and its affiliated entities) represents or endorses the accuracy, currency or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement or information will be at your sole risk. The materials on this Site are transmitted and distributed ‘as is’ and appear on the Site without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability or fitness for a particular purpose. There is no warranty to the quality, accuracy, completeness or validity of any materials on the website, and no warranty that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this Site.
LIMITATION OF LIABILITY
Neither the Company nor its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this Site are responsible or liable for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use this Site or the information contained on this Site, even if the Company (or any third party posting information on this site) has been advised of the possibility of such damages. In no event shall the Company’s total liability (or the total liability of any third party providing information on this site) to you for all damages, losses and causes of action resulting from your use of this Site, whether in contract, tort (including but not limited to negligence) or otherwise exceed one dollar (BDS$1.00).
The Company may at its sole discretion and for any reason terminate or suspend your access to all or part of the Site including, but not limited to, any message boards on the Site. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by the Company, your sole remedy is to terminate this Agreement.
The Company operates the Site from its offices within Barbados. The Company makes no representations that content and materials on the Site are legal or appropriate for use outside Barbados. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of Barbados export laws and regulations. This Agreement will be governed by and construed in accordance with the laws of Barbados. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the Site, and the Agreement will not be modified, except in writing, signed by both parties.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. Any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of the Company, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.
Should you have any questions or complaints regarding violations of this Agreement, please contact us.