These Terms of Service (hereinafter: TOS) constitute a legally binding contract (hereinafter: User Contract) between you, a natural or legal person in any country in the world, and Diewald Digital GmbH, Webergasse 6, 88131 Lindau, Deutschland (hereinafter: balloco).
These GTC apply by checking the appropriate checkbox during online registration. Please read these GTC carefully and completely before using services provided by balloco (hereinafter: balloco services). Balloco services can be provided via all websites provided by balloco, including all sub-domains, the use of applications for mobile devices, programming interfaces, by telephone, mail, fax or in person by a balloco employee. Balloco services and any infrastructure used to provide balloco services are collectively referred to as the "balloco platform". If you do not agree to these TOS, you may not use any balloco services.
Members do not enter into any joint venture, employment relationship or other partnership with balloco through this User Agreement or use of the balloco Platform.
Certain services may be subject to supplemental terms and conditions of business and/or use, which balloco will inform you of in the course of your use of such services. These supplemental terms and conditions of business and/or use apply to those particular services in addition to the TOS of this document, and are incorporated into this User Agreement. In the event of a conflict with the TOS of this document, the supplemental terms shall apply.
Furthermore, our Privacy Policy for our website is incorporated into the User Agreement, which explains the collection and use of your personal data by the balloco platform.
Your use of Google Maps is also subject to the Google Maps Terms of Use when you access areas of the balloco Services that use those services.
These terms and conditions supersede all previous terms and conditions between balloco and you, with the exception of any individual side agreements.
Any assignment, delegation or transfer of your user agreement requires the consent of balloco.
These TOS may be amended by balloco from time to time. In the event of such amendments, the amended GTC will be published on the balloco website, stating the date of the amendment. We will also notify you of such changes by e-mail at least one month prior to their effective date. If you do not agree with the changes, you have the right to terminate this contract free of charge and without notice. By not exercising this right of termination and continuing to use the balloco services, you agree to these amended GTC.
Balloco offers the following services as part of its balloco services:
Event hosts, guests and finders are summarized by the term "user".
Links to third party websites and resources may be included in the balloco services (hereinafter: third party services). These third party services may be subject to different terms of use and privacy policies. There is no responsibility on the part of balloco with respect to the availability or accuracy of such Third Party Services, nor for any content, services or products offered through such Third Party Services. Balloco does not make any recommendations through links to such third party services.
For technical reasons, Balloco cannot guarantee the continuous and uninterrupted availability of the balloco platform. Balloco may improve the balloco platform, develop it further and add new services or restrict or delete functions.
Balloco provides its balloco platform "as is". You are entitled to statutory defect rights with respect to this provision of services. All express or implied warranties, guarantees or other representations beyond the foregoing are excluded.
There is no obligation on the part of balloco to monitor users or their generated data when using the balloco platform. There is also no obligation to check, edit or block any data/content provided by users. However, balloco is authorized to create and evaluate logs to ensure compliance with these GTC as well as the operation and further development of the balloco platform.
Registration as a member, i.e. the creation of a "balloco account", is required for the event host to use balloco services.
If you register a legal entity as a member, you warrant that you have the authority to legally represent and legally bind that legal entity.
Balloco may make the use of balloco services subject to conditions at its sole discretion, such as the successful completion of a verification/identification process, the achievement of defined valuation values or the fulfillment of other specific criteria. Balloco may refuse to accept members without giving reasons. Balloco is generally not subject to a member verification obligation.
Registration as a member requires correct and complete information. In addition, your information as a member must always be kept up to date.
You are responsible for keeping your login information secret and not making it available to third parties. You are obligated to inform balloco immediately if you have reason to believe that your login data has been stolen, lost or misused, or if your balloco account has been accessed in a proven or suspected unauthorized manner. Failure to do so will make you responsible for any misuse of your balloco account.
Balloco provides its "card provision" and "greeting hosting" services free of charge. For Forwarding Service, balloco charges the event host a delivery fee. The delivery fee is charged per forwarded balloon card and will be communicated to the event host when the card set is created.
Balloon cards received by balloco as part of the Forwarding Service remain the property of balloco until the delivery fee has been paid in full. Balloco reserves the right to delay the forwarding of balloon cards for the purpose of bundled forwarding of several balloon cards for up to 15 working days.
If a balloon card is received by balloco by post office mail as part of the Forwarding Service, the event host will be informed of this by e-mail. From this point on, the balloon card will be kept for three months. If the delivery fee is not paid within this period, balloco reserves the right to dispose of the balloon card.
All members are solely responsible for their knowledge of and compliance with all rules, laws, regulations, the tax and duty obligations, the data protection guidelines as well as payments, which are in connection with the use of the balloco platform. In connection with the use of the balloco platform, all members are prohibited from violating or circumventing applicable laws, regulations, other rights of third parties, applicable contracts with third parties or these GTC, or assisting third parties in doing so.
Discriminating on the basis of gender, religion, origin, disability of any kind, state of health, sexual orientation or age or any other harmful behavior will result in immediate termination of membership.
In connection with the use of the balloco platform, all members are prohibited from causing harm to other persons or violating their rights, or assisting third parties in doing so.
Members who have behaved inappropriately towards other members, for example by acts of violence, theft or insults, are to be reported to balloco and, in the case of criminal law relevant facts, to the criminal prosecution authorities.
The members have to support balloco in investigations regarding misuse of the balloco platform.
Members who use balloco services for third parties are responsible for them to the same extent as if they had booked them for themselves.
These TOS do not constitute a license to use balloco's intellectual property rights.
In connection with the use of the balloco platform, all members are prohibited from storing, copying or otherwise using information, e.g. personal data, from the balloco platform in a manner that is inconsistent with the privacy policy, these terms or other privacy rights of members or third parties, or assisting third parties in doing so.
The use of the balloco platform for services other than those intended by balloco is not permitted. In particular, members are prohibited from initiating or supporting third parties in initiating the dissemination of commercial messages ("spam") via the balloco platform that have not been expressly authorized by balloco.
Members are prohibited from performing actions themselves or enabling third parties to perform actions that could in any way damage or potentially damage the required functions of the balloco platform. In particular, they may not access the balloco platform using automated programs or procedures (e.g. bots, crawlers, etc.). Measures to protect the balloco platform may not be circumvented, disabled, decrypted, decompiled, reverse engineered or otherwise undermined or disrupted.
Event hosts are responsible for ensuring that they comply with all terms and conditions associated with their event. These are in particular, but not exclusively:
Guests are responsible for ensuring that they comply with all conditions associated with the climbing of their aircraft and the provision of its contents. These are in particular, but not exclusively:
The duties of finders are in particular, but not exclusively:
There is no claim for reimbursement of postage costs for the return of the balloon card, neither against balloco, nor the event host or the guest.
Balloco allows its members, in particular guests, to upload, create, publish, receive, send and store text, audio, video and/or image content and information on or via the balloco platform (hereinafter: member content) or to send it to balloco by e-mail.
Members are responsible for ensuring that no intellectual property or personal rights are violated in the process.
No licenses or intellectual property rights are granted to you by balloco or its licensors, implied or otherwise, except for the rights and licenses explicitly granted in these TOS.
By creating, uploading, posting, publishing, receiving, storing or otherwise making available Member Content through the balloco Platform or sending such content to balloco, you grant balloco and the organizer a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to such Member Content to access, store, use, modify, copy, create derivative works from, distribute, transmit, publish, stream, broadcast and otherwise exploit such Member Content.
No Member Content may be posted that is fraudulent, misleading, abusive, obscene, defamatory, pornographic, violent, mean-spirited, illegal, vulgar or otherwise objectionable. Balloco may, in its sole discretion, delete or disable access to such Member Content or Member Content that violates any other terms, but is under no legal obligation to do so.
Termination of membership can be done by any member without notice. This can be done either by deleting the account or by sending an e-mail to leave@balloco.net.
For certain reasons it may be necessary for balloco to block or delete individual balloon cards or complete card sets, for example to prevent damage or to react to content-related violations (see chapter "Member Content"). Balloco may terminate or temporarily or permanently block memberships for which the last card set was created more than three months ago at any time without stating a reason. If the member (i) violates the obligations under this contract or applicable regulations/laws, (ii) in the opinion of balloco, there is reasonable cause to believe that the property, safety or rights of balloco, members or third parties are at risk, (iii) there is a corresponding request from a law enforcement agency or other official body, (iv) there are payment arrears to balloco, (v) balloco repeatedly receives complaints about the member, (vi) the member has repeatedly received poor ratings or comments, or (vii) false information was provided during registration as a balloco member, balloco may terminate the membership or temporarily or permanently block the membership even if the last card set was created less than three months ago. Accrued data may be deleted by balloco in this case.
There is no claim for compensation against balloco if card sets or memberships have been blocked or deleted by balloco for a valid reason.
In the event of termination of the user agreement by balloco, the member has no right to continue using his/her balloco account, may not register a new balloco account or use balloco through the account of another member.
After a termination, the clauses of this user contract remain in force.
Balloco only provides the services described under "Service Description" and is therefore not liable for any damage caused by the launching of aerial objects, any other dissemination mechanism of the balloon cards or due to Member Content provided.
The dissemination of balloon cards may involve risks, especially in the event of collisions of the dissemination tools. Balloco is not liable for any damages resulting from the dissemination.
Members shall bear all risk associated with the use of the balloco platform, its content, and the dissemination of the balloon cards to the fullest extent permitted by law. Balloco, nor any other party involved in producing, creating or publishing the balloco platform or its content, shall be liable for any incidental, special, exemplary or consequential damages, including service interruption, loss of goodwill, damage to systems or computers, loss of data, loss of profits or damages in lieu thereof. This applies in connection with (i) these TOS, (ii) use of or inability to use the balloco platform (including content), (iii) interaction with other members or others with respect to use of the balloco platform, (iv) distribution of balloon cards, whether based on contract, tort including negligence, warranty, product liability or other legal theory, and (v) criminal claim.
The limitations of liability and disclaimers set forth in these TOS do not operate to limit or restrict generally your consumer protection rights, the exclusion of which is contrary to law.
Excluded from the above limitations of liability are claims for damages by the user that are based on an intentional or grossly negligent breach of duty by balloco, or its legal representatives and agents.
Balloco, as well as its officers, employees, agents and contractors, shall be indemnified and held harmless from and against any and all damages, claims, liabilities, losses and expenses (including legal fees and/or accounting fees) incurred by or in any way related to (i) the use of the balloco platform in an improper manner, (ii) the violation of these TOS or any other of our policies, (iii) the dissemination of balloon cards, including but not limited to any loss or damage (whether direct, compensatory, indirect, consequential or otherwise) of any kind incurred as a result of or in connection with any dissemination activity, (iv) violations of applicable law, third party regulations, or (v) infringement of any third party rights.
Legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, remain unaffected. The place of jurisdiction and performance shall be the registered office of balloco in Herford.
Alternatively, the parties may choose the ICC arbitration jurisdiction. In this case, a final decision will be made in accordance with the arbitration rules of the International Chamber of Commerce (ICC), excluding the ordinary courts of law. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration is Zurich. The language of the proceedings shall be German or English. The applicable law in the matter is German law.
If consumers are involved in the dispute, the parties may also choose the EU platform for extrajudicial online dispute resolution (https://ec.europa.eu/consumers/odr).
For disputes between members, the parties may turn to balloco's free dispute resolution service (mediation@balloco.net). The parties will each receive an arbitration agreement to which they must agree. They will also be given the opportunity to comment on the dispute. The procedure is purely written; witness hearings are excluded. Evidence must be submitted as files. Balloco decides on the basis of the available documents and notifies the parties of the decision in writing by e-mail. The parties may refer the decision to the ordinary courts. However, balloco is entitled to block the balloco account of one or both parties until the proceedings have been concluded.
You agree to the storage of personal data within the framework of the legal relationship with balloco, in compliance with data protection laws, in particular the German Data Protection Law "Bundesdatenschutzgesetz" (BDSG) and the GDPR. Data will not be passed on to third parties unless this is necessary for the implementation of the contractual relationship or consent has been given.
Insofar as you transmit personal data from third parties, you assure that the consent of the third parties has been obtained. Insofar as you receive personal data from third parties from balloco, these must be handled with care in accordance with the provisions of data protection law. You hereby release balloco from any claims by third parties in this regard.
Your rights or those of the party affected by the data processing result in particular from the following standards of the GDPR:
In order to exercise the rights, you or data subjects are requested to contact the provider by e-mail or, in the event of a complaint, to contact the competent supervisory authority.
Reference is also made to the privacy policy on the balloco website.
These TOS, supplemented by all relevant standards and guidelines (e.g. privacy policy), represent the agreement concluded between you and balloco regarding the subject matter of the contract.
No rights or remedies shall be transferred to other parties or persons through these TOS.
The validity of the remaining provisions of these TOS shall not be affected by the total or partial invalidity of individual provisions. Ineffective provisions shall be replaced by legal provisions.
Should balloco not make use of a provision or right of these TOS, this shall not be construed as a waiver of this provision or right, unless this has been confirmed in writing.