Last Updated: November 2021
These Terms of Service constitute a legally binding agreement between you and Balloon Technologies. ( “Balloon”
) governing your use of the Balloon Platform. Balloon’s websites (including www.useballoon.com
) (the “Sites”
), mobile applications (the “Apps”
), and related services, information and communications are collectively referred to as the “Balloon Platform.”
, as well as any future amendments and additions to this Agreement (as defined below) we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Balloon Platform.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE BALLOON PLATFORM.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE BALLOON PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
A few highlights of these Terms of Service include:
• You must be at least the legally required age in the jurisdiction in which you reside (18 years old for Nigeria based users), and otherwise capable of entering into binding contracts, in order to use or access the Balloon Platform (Section 2).
• Your agreement that the technology for the Balloon Platform is provided “as is” and without warranty (Section 15).
• Your agreement that Balloon provides no warranty and has no liability regarding User action on the Balloon Platform or the performance of Missions (Section 15).
• Your acknowledgment and agreement that Balloon does not supervise, scope, direct, control, or monitor an Evangelist’s work and the Missions performed or executed (Section 1).
• Your acknowledgement and agreement that Clients/Artists are solely responsible for determining if the Evangelist they hire is qualified to perform the Mission (Sections 1 and 19).
• Your acknowledgement and agreement that Evangelists are independent contractors of Artists/Clients and not employees, independent contractors or service providers of Balloon (Section 1).
• Your agreement to hold harmless and indemnify Balloon from claims due to your use of or inability to use the Balloon Platform or content submitted from your account to the Balloon Platform (Section 16).
1. The Balloon Platform Connects Evangelists and Artists/Clients
The Balloon Platform is a web- and app-based two-sided marketplace which enables connections between Clients/Artists and Evangelists. “Clients/Artists” are individuals and/or businesses seeking to obtain short-term services ( “Missions” ) from Evangelists and are therefore clients of Artists/Clients, and “Evangelists” are businesses seeking to perform/execute Missions for Clients/Artists. Clients/Artists and Evangelists together are hereinafter referred to as “Users.” If you agree on the terms of a Mission with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
EVANGELISTS ARE INDEPENDENT BUSINESS OWNERS. EVANGELISTS ARE INDEPENDENT CONTRACTORS OF CLIENTS/ARTISTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF BALLOON. BALLOON DOES NOT PERFORM/EXECUTE MISSIONS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM/EXECUTE MISSIONS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, BALLOON OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS/ARTISTS WITH SERVICE PROVIDERS (EVANGELISTS) WHO WISH TO PERFORM/EXECUTE A VARIETY OF MISSIONS.
USERS HEREBY ACKNOWLEDGE THAT BALLOON DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR AN EVANGELIST’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED/EXECUTED AND THE MISSIONS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Balloon Platform to an Evangelist being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," "recommended", “vetted” (or similar language) designations indicates only that the Evangelist has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Balloon of such Evangelist’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients/Artists to evaluate when they make their own decisions about the identity and suitability of Evangelists whom they select, interact, or contract with via the Balloon Platform.
The Balloon Platform enables connections between Users for the fulfillment/execution of Missions. Balloon is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Missions, Evangelists, or Clients/Artists, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Balloon makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Missions requested or services provided by, or the communications of or between, Users identified through the Balloon Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
2. Evangelist Background Checks and User Representations and Warranties
Evangelist Background Checks
Evangelists may be subject to a review process before they can register for and during their use of the Balloon Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate ( “Background Checks” ). Although Balloon may perform Background Checks, Balloon cannot confirm that any User is who they claim to be, and Balloon cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Balloon will not be liable for any false or misleading statements made by Users of the Balloon Platform.
NEITHER BALLOON, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BALLOON PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE BALLOON AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE BALLOON PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
• You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for Nigeria based users), and are otherwise capable of entering into binding contracts;
• You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
• Missions shall only be performed/executed in a country where the Balloon Platform has a presence.
• You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Mission or any interaction by or with any User and/or Balloon in connection with the Balloon Platform without the prior written consent of Balloon and/or the relevant User, as applicable;
• You will fulfill the commitments you make to other Users, communicate clearly and promptly through the Instructions field, be present and/or available at the time you agree upon with your Evangelist or Client/Artist as the case may be, and only utilize the third party payment service provider specified or approved by Balloon to make or receive payment for services provided through the Balloon Platform ( the “PSP”);
• You will act professionally and responsibly in your interactions with other Users;
• You will use your real name or business name on your profile;
• When using or accessing the Balloon Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
• You will not use the Balloon Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
• Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
• Other than as fully and promptly disclosed in writing to Balloon, you do not have any motivation, status, or interest that Balloon may reasonably wish to know about in connection with the Balloon Platform, including without limitation, if you are using or will or intend to use the Balloon Platform for any journalistic, academic, investigative, or unlawful purpose.
Evangelists additionally represent and warrant that:
• When using the Balloon Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
• You are customarily engaged in an independently established business of the same nature as the services performed for Clients/Artists through the Balloon Platform, and maintain an independent clientele;
• You have the unrestricted right to work in the jurisdiction in which you will be performing/executing Missions;
• If the Mission is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
• You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Missions - if such license is applicable to the Mission you are performing/executing);
• You have any and all insurance required to operate your business and provide your services;
• You will use your real name or business name and an up-to-date photo on your profile;
• You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Mission(s) as agreed upon with your Client/Artist; and providing timely, high-quality services to your Clients/Artists;
• You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
3. Contract between Clients/Artists and Evangelists
You acknowledge and agree that a legally binding contract with another User (the “ Service Agreement ” ) is formed when you and that User agree on the terms of a Mission. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Balloon Platform, and any other contractual terms accepted by both the Evangelist and their Client/Artist to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Balloon’s obligations or restrict Balloon’s rights under this Agreement. Balloon is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Balloon and the Evangelist, nor will it create an employment relationship between the Client/Artist and the Evangelist. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Balloon.
Where approved in advance by the Client, the Balloon is not obligated to personally perform the Mission. Evangelists may engage assistants, helpers, subcontractors or other personnel (collectively “Assistants” ). For safety reasons, such Assistants shall have been registered through the Balloon Platform. An Evangelist’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Balloon Platform. The Evangelist assumes full and sole responsibility for the acts and omissions of such Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable tax withholdings as to such Assistants. Clients/Artists are responsible for confirming with their Evaneglist that any Assistants are registered Evangelists on the Balloon Platform.
While using the Balloon Platform, Artists/Clients, in their sole discretion, determine whether they will be present or not when a Mission is performed. Clients/Artists agree that if someone other than them creates the mission on their behalf or is present in their stead when the Mission is performed/executed, they are appointing that person as their agent ( “ Client’s Agent ” ) and the Evangelist may take and follow direction from the Client’s Agent as if such direction was given from the Client him- or herself. If you are a Client’s Agent and accessing and using the Balloon Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Evangelist’s work or performance of the Mission in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
The Client shall pay their Evangelist(s) in full for all missions via the PSP as indicated on the Balloon Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Mission.
4. Billing and Payment
Users of the Balloon Platform contract for Missions directly with other Users. Balloon will not be a party to any contracts for Missions or services. Client/Artist, and not Balloon, is responsible for payment for all missions through the Balloon Platform. Such payment must be made via the PSP. Balloon is not obligated to compensate Evangelist for Client’s failure to pay for services.
The mission Payment/compensation, service charge, and Trust & Support fee must be paid through the PSP. Clients on the Balloon Platform will be required to provide their payment method details to Balloon and the PSP.
Please note that Balloon is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Balloon has no obligations, responsibility or liability to any Evangelist or Artist or other party under the PSP Services Agreement.
5. Public Areas; Acceptable Use
The Balloon Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, mission postings, chat areas, news groups, forums, communities and/or other message or communication facilities ( “Public Areas” ) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Balloon Platform, you should not share your personal contact information with other Users.
Without limitation, the Balloon Platform may not be used for any of the following purposes:
• To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Balloon staff;
• To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
• To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Balloon;
• To advertise or offer to sell any goods or services for any commercial purpose through the Balloon Platform which are not relevant to the mission;
• To conduct or forward surveys, contests, pyramid schemes, or chain letters;
• To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as may be permitted under Section 3 for Client’s Agent).
While using the Balloon Platform, you may not
• Use the Balloon Platform for any unauthorized or illegal purpose, including but not limited to posting or performing/executing a mission in violation of local, state, provincial, national, or international law;
• Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
• Post the same mission repeatedly (“spamming”);
• Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Balloon Platform;
• Restrict or inhibit any other User from using and enjoying the Public Areas;
• Imply or state that any statements you make (whether on or off the Balloon Platform) are endorsed by Balloon, without the prior written consent of Balloon;
• Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Balloon Platform, or the electronic addresses or personal information of others, in any manner;
• Frame or utilize framing techniques to enclose the Balloon Platform or any portion thereof;
• Hack or interfere with the Balloon Platform, its servers or any connected networks;
• Adapt, alter, license, sublicense or translate the Balloon Platform for your own personal or commercial use;
• Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Balloon and Affiliates;
• Upload content to the Balloon Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
• Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
• Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Balloon Platform as set forth herein;
• Collect usernames, email addresses, or other personal information of Users by electronic or other means;
• Use the Balloon Platform or the Mission services in violation of this Agreement;
• Use the Balloon Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Balloon’s trade secret information for public disclosure or other purposes;
• Attempt to circumvent the payments system or service charge or Trust & Support fee in any way including, but not limited to, making or processing payments outside of the Balloon Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
• Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
• Cause any third party to engage in the restricted activities above; or
• Use tools with the goal of masking your IP address (like the TOR network).
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Balloon will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
6. Mobile App Updates and Upgrades
7. Deactivation and Suspension
Balloon may suspend your right to use the Balloon Platform pending its investigation of a potential breach by you of this Agreement. Balloon may deactivate your account or limit your use of the Balloon Platform upon its determination that you breached a provision of this Agreement (a “User Breach” ). Balloon will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. If you wish to appeal this determination, please contact support(@)useballoon.com within 14 days of receipt of such notice with the grounds for your appeal.
If Balloon suspends or deactivates your account or limits your use of the Balloon Platform pursuant to this Section 7, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Balloon Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Balloon reserves the right to take appropriate legal action pursuant to the Agreement.
Balloon reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Balloon Platform at its sole discretion. Balloon will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Balloon shall not be liable to you for any modification or discontinuance of all or any portion of the Balloon Platform. Balloon has the right to restrict anyone from completing registration as an Evangelist if such person may threaten the safety and integrity of the Balloon Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Balloon Platform and deactivating your account.
8. Account, Password, Security, and Telephone Communications
You must register with Balloon and create an account to use the Balloon Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Balloon for accessing the Balloon Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Balloon has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Balloon immediately.
You acknowledge that telephone calls to or from Balloon, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to Balloon, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Balloon before the change goes into effect by emailing support(@)useballoon.com. If the change regards ownership of your telephone numbers, you may notify Balloon by texting STOP to any text message sent to the retiring phone number.
9. User Generated Content
“User Generated Content” is defined as any information and materials you provide to Balloon, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Balloon Platform and participation in Balloon promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Balloon is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Balloon has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to Balloon that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Mission is performed/executed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Balloon or otherwise purport to act as a representative or agent of Balloon; and (i) will not create liability for Balloon or cause Balloon to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Balloon Platform hosts User Generated Content relating to reviews and ratings of specific Evangelists ( “Feedback” ). Feedback is such User’s opinion and not the opinion of Balloon, and has not been verified or approved by Balloon. You agree that Balloon is not responsible or liable for any Feedback or other User Generated Content. Balloon encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Balloon is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement or the Balloon Ratings and Reviews Policy by contacting the Support team at support(@)useballoon.com. Each Client should undertake their own research prior to booking to be satisfied that a specific Evangelist has the right qualifications for a Mission.
Balloon respects the personal and other rights of others, and expects Users to do the same. Balloon is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the Balloon Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Balloon. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Balloon. Such notification can be made at Balloon via admin(@)useballoon.com.
10. Links to Third-Party Websites
The Balloon Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Balloon or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Balloon Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Balloon does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Balloon is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Balloon has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Balloon Platform at its sole discretion.
11. Balloon Operates as an Online Marketplace
Balloon operates as an online marketplace that connects Clients/Artists with service providers (Evangelists) who wish to perform/execute a variety of Missions. Balloon does not perform/execute Missions and does not employ people to perform/execute Missions. Evangelists operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients/Artists through the Balloon Platform. Balloon does not control or direct the Evangelists’ performance of their services or set their work locations, work hours, or terms of work. Evangelists provide services under their own name or business name, and not under Balloon’s name. Evangelists provide their own tools and supplies to perform their services; Balloon does not provide the tools or supplies. Balloon are free to maintain a clientele without any restrictions from Balloon and are free to offer and provide their services elsewhere, including through competing platforms. Evangelists are free to not apply to missions. Evangelists are not penalized for not applying to Clients missions or contracts, though if Evangelists apply for a mission and is paid through the Balloon Platform, they are expected to fulfill their contractual obligations to their client.
The Balloon Platform is not an employment agency service or business and Balloon is not an employer of any User. Evangelists acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing/executing Missions and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
12. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Balloon designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the Balloon Platform is owned by Balloon, excluding User Generated Content, which Users hereby grant Balloon a license to use as set forth above in Article 9. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Balloon owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Balloon Platform without Balloon’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of Balloon, including without limitation Balloon and associated logos, are service marks owned by Balloon. Any other trademarks, service marks, logos and/or trade names appearing via the Balloon Platform are the property of their respective owners. Balloon’s proprietary marks and logos are not available for use by Evangelists. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
13. Copyright Complaints and Copyright Agent
Balloon respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Balloon Platform infringe upon your copyright or other intellectual property right, please send the following information to Balloon’s Copyright Agent at Balloon via email@example.com:
• A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Balloon Platform where the material you claim is infringed is visible. Include enough information to allow Balloon to locate the material, and explain why you think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Your name, address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
14. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Balloon and agree that you will not, for the lifetime of your account on Balloon plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Balloon Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Balloon in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Balloon promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Balloon’s trade secrets, confidential and proprietary information, and all other information and data of Balloon that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Balloon or Balloon’s business, operations or properties, including information about Balloon’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
15. Disclaimer of Warranties
A. Use Of The Balloon Platform Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE BALLOON PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. BALLOON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE BALLOON PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE BALLOON PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BALLOON PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Balloon does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Balloon Platform or any hyperlinked website or featured in any banner or other advertising, and Balloon will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Balloon and Affiliates do not warrant that access to the Balloon Platform will be uninterrupted or that the Balloon Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Balloon Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Mission, service, information or materials provided through or in connection with the use of the Balloon Platform. Balloon and Affiliates are not responsible for the conduct, whether online or offline, of any User. Balloon and Affiliates do not warrant that the Balloon Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Balloon and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature or service that a Client/Artist may use to expedite Evangelist selection, each Client/Artist is responsible for determining the Mission and selecting or otherwise approving their Evangelist and Balloon does not warrant any goods or services purchased by a Client/Artist and does not recommend any particular Evangelist. Balloon does not provide any warranties or guarantees regarding any Evangelist’s ability, professional accreditation, registration or licensure.
B. No Liability
You acknowledge and agree that Balloon is only willing to provide the Balloon Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Balloon and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Balloon Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Balloon and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL BALLOON AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE EVANGELIST AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY BALLOON, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE BALLOON PLATFORM OR CREATING A MISSION, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
BALLOON AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS BALLOON PLATFORM. BALLOON AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE BALLOON PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BALLOON AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO BALLOON (IF YOU ARE A CLIENT) OR TOTAL MISSION PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE AN EVANGELIST), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Balloon and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Balloon Platform; (ii) your participation in Missions, or your ability or inability to perform or obtain the performance of Missions or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Balloon Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Balloon reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Balloon.
17. Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Balloon Platform, your relationship with Balloon, Missions, or this Agreement (including previous versions), ( “Dispute” ), you and Balloon agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration) or court proceeding. Such informal negotiations will commence upon written notice. Your email address for such notices is the one associated with your Balloon account. Balloon’s address for such notice is policies(@)useballoon.com
18. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Evangelists alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Missions. Indeed, certain types of Missions and services may be prohibited altogether, and it is the responsibility of Evangelists to avoid such prohibited Missions. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Missions and services on the Balloon Platform, you should first seek appropriate legal guidance.
Because Balloon does not supervise, scope, direct, control, or monitor an Evangelist’s work or performance of Evangelists, Clients must determine for themselves whether an Evangelist has the skills and qualifications necessary to perform the specific Mission at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Missions are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Evangelists any specific hazards, obstacles, or impediments in the Mission (both visible and concealed) that may impact the performance of the Mission.
20. Changes to this Agreement and the Balloon Platform
Balloon will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Balloon Platform. Your continued use of the Balloon Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
21. No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
22. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices” ) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Balloon Platform, please contact us by email via policies(@)useballoon.com
23. Consent to Electronic Signatures
By using the Balloon Platform, you agree to transact electronically through the Balloon Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
24. Acknowledgement and Consent