User Rights, Conduct, and Limitations
Intellectual Property Rights and Limited License
Balagan Media reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, on this Website, as well as any and all information assessed through this Website which is proprietary. Our Limited License to YouBy accessing and viewing this Website, Balagan Media grants you a limited, non-transferrable, revocable license to view content on this Website. If you purchase any product or service through this Website, you may download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to download, view, and copy the material. You are prohibited from reselling or distributing such purchased material.No other use of our content is permitted without the express written consent of Balagan Media. You may not use any Intellectual Property belonging to Balagan Media without express written consent. You may not copy, reproduce, repost, alter, manipulate, sell, or distribute any of the Intellectual Property of Balagan Media without our express written consent. If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use this Website and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. Furthermore, if your violation of these Terms involves or relates to materials you have purchased through this Website, we reserve the right to revoke your access to that material, without refund, and take any appropriate legal action. Your License to UsBy publicly posting any original content on our Website, you agree to assign any intellectual property rights to that content to us in exchange for the good and valuable consideration of accessing and using our Website.If you submit to us your original content through our Website, social media accounts, webinars, or any other public medium, you acknowledge, understand, and agree that you are granting us an irrevocable, unlimited, non-exclusive, perpetual, and royalty-free worldwide license to copy, edit, use, distribute, sell, or publicly display any content you post.
Digital Millennium Copyright Act
In compliance with the Digital Millennium Copyright Act, we will review all copyright infringement claims that we receive and remove any content posted or distributed in violation of U.S. copyright law.To notify us of a claim of copyright infringement, please include all information and details required by the Digital Millennium Copyright Act and send notice of your claim to:Balagan Media [email protected]
By accessing and using this Website, you acknowledge, understand, and agree that Balagan Media makes no representations, warranties, or guarantees regarding the function or condition of our Website including any features or links.You further understand and agree that Balagan Media is not liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of this Website.
Some of the links on this Website may be affiliate links controlled by third-parties or links to products and services for which Balagan Media earns an affiliate fee, referral fee, or commission. We shall use reasonable efforts to provide notice of any affiliate relationship to a link on this Website. By clicking on an affiliate link on this Website or related communications, you expressly accept liability for any and all consequences of visiting the third party Website or purchasing those goods or services.
At Balagan Media we make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by using our products or services, or implementing information provided through this Website or any of our resources.
Payments and Fees
You shall pay any and all applicable fees and taxes for purchases of services or products you make on our Website. You must provide accurate and up-to-date billing and credit card information. By making a purchase, you consent to Balagan Media authorizing your credit card, debit card, bank account, or any other payment form provided to process the full payment of fees and applicable taxes, through our third-party payment processor. If your billing information changes or your account or credit card is lost, stolen, or compromised, you must promptly inform us. If your purchase requires ongoing automatic payments and the credit card information you provided us with expires, you hereby authorize Balagan Media to determine or obtain replacement expiration dates for your credit card in order to process your authorized payment.
Compliance with Applicable Laws
Our Website is based in the United States. If you access or use our Website, or view, download, or use content from our Website, you do so at your own risk. We make no claims as to whether our Website or content may be accessed, used, viewed, or downloaded outside of the United States.
Disclaimer of Warranties; Limitation of Liability
THIS WEBSITE AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS ON THIS WEBSITE, EXCEPT AS REQUIRED BY LAW. YOU USE THIS WEBSITE AT YOUR OWN RISK.TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BALAGAN MEDIA DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BALAGAN MEDIA DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION. FURTHERMORE, BALAGAN MEDIA DOES NOT MANY ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF THIS WEBSITE.IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY CONTENT CONTAINED ON THIS WEBSITE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEDY AND THE MAXIMUM LIABILITY OF BALAGAN MEDIA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU HAVE PAID TO US IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO YOUR CLAIM.
BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BALAGAN MEDIA FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF THIS WEBSITE OR OUR CONTENT.
The terms of this Agreement will be governed by the laws of the State of California. The state and federal courts located in California will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, use of this Site, or any products or services provided by Balagan Media or disputes arising out of or relating to your use of this Website. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of California for purposes of any claim or action arising out of or relating to these Terms.By accessing or using this Website, you consent irrevocably to personal jurisdiction in such courts in relation to any matter in connection with your use of this Website or use of services provided by or products purchased from Balagan Media and waive any defense of forum non conveniens. Through your access and use of this Site, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, use of this Website, or any services provided by or products purchased from Balagan Media.
If a dispute arises from or relating to this Agreement, our Content, or Website, and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in California. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees. If mediation does not resolve a controversy or claim arising out of or related to this Agreement, the Parties further agree that any unresolved controversy or claim arising out of or related to this Agreement will be settled by arbitration administered by the American Arbitration Association and the judgment on the arbitration award may be entered in any court having jurisdiction over the matter.
Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing. The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience.
If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.
This Agreement supersedes any prior agreement, communication, or representations between you and Balagan Media and constitute a complete and final agreement regarding your use of this Website.