Terms & Conditions of USE

Terms and Conditions

Last updated: January 14, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
refers to: United States
(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Key City Balloons, 1825 Elmwood Dr, TX 79605, our officers, directors, employees, contractors, and agents.
means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
refers to the Website (“Site”), the e-commerce retail services provided by Key City Balloons and its service providers, and any and all related services and promotions.
refers to the Key City Balloons Website, accessible from http://www.keycityballoons.com or any website owned or operated by the Company, through which access to the Services is available. References to the “Website” or “Site” include any and all features, functionality, tools, and content available on or through each such Website.

Terms and Conditions: (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service: means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.

means any and all persons that access or use the Service. References to “access” and/or “use” of the Site (and any variations thereof) include the acts of accessing or browsing the Site, and accessing or using the Services.
means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Terms and Conditions (Terms)

Welcome to our Site. These Terms and Conditions ("Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("You") and Key City Balloons ("We", “Us" or "Our"), concerning your access to and use of the https://keycityballoons.com website ("Site") and the services we offer ("Services"). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

However you access the Key City Balloons Site, you agree to be bound by these terms and conditions. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.

If you have accessed this Site from the United States, you also agree to be bound by additional terms contained at the end of the Agreement. We may amend this Agreement at any time by posting the amended terms on our Site. We may or may not post notices on the homepage of our Site when such changes occur.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, WEBSITE RULES AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE.

YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.

Changes to These Terms and Conditions

Key City Balloons reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update, or remove terms and conditions (collectively “amend” or “update”).

If a revision is material, We will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means.

What constitutes a material change will be determined at Our sole discretion.

By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the revised Terms. If You do not agree to the new terms, in whole or in part, please stop using the Site and the Service as it is the only recourse available to you.

About the Website

License to Use

Subject to Your compliance with the Terms, the Company grants You a limited non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use the Site for Your own personal use only, and not for use for any business purpose or commercial activity, and to make purchases of our products and related Services through our Site, strictly in accordance with our Agreement.

This license is granted for the sole purpose of enabling You to use and enjoy the benefit of the Site as provided, in the manner permitted by the Terms.

Modifications

The Company reserves the right, in its sole discretion, to modify or discontinue offering the Website and/or Services, in whole or in part, or any features, functionality, tools, or content thereof, at any time, for any reason or no reason, with or without notice to you.

Without limiting the generality of the foregoing, the Website may contain errors or inaccuracies including, with limitation, with respect to pricing and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions at any time, and may change or update information at any time without prior notice. We reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

You agree that We have no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools, or content, and will not be liable with respect to any such modifications, discontinuance, or deletions.

United States Legal Compliance and Governing Law

If You have accessed the Site from the United States, these terms and conditions are governed by the laws of the United States of America and the laws of the State of Texas. You agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to Your use of the Site resides in the courts of the State of Texas, and You further agree and expressly consent to the exercise of personal jurisdiction in the courts the State of Texas, in connection with any such dispute and including any claim involving Key City Balloons or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

International Users

The Website is controlled and operated within the United States. You are hereby prohibited from accessing or using the Website from any territory where the Website or any of the features, functionality, tools, content thereof, is illegal.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

If You choose to access the Website from a location outside the United States, You do so at Your own risk and You are solely responsible for compliance with applicable laws, rules, and regulations, including export laws and any regulations and local laws regarding online conduct and content.

Data Protection

To find out what personal data we collect and how we use it, please visit our Privacy Policy at https://keycityballoons.com/store-policy.

California Residents

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Website or Services or requests to receive further information regarding use of the Website or Services may be sent to the above address or to maria@keycityballoons.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

Links to Other Websites

Our Website may contain links to other Websites or Services that are not owned or controlled by the Company. We do not monitor or control outside other Websites. We assume no control over and no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Such links are provided for Your reference only. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Our inclusion of links to a Third-Party Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator, or sponsor, nor does the Company’s inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Third-Party Website.

ACCOUNTS

ACCOUnt Registration

While the Website is publicly available, You may register to create an account directly via the Website. You may not register for an account on behalf of any person (other than Yourself). No person or entity may have more than one active account at any given time.

Your account will be created based upon the information You provide to us. You agree to provide complete, accurate, and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate, and up to date.

When You create Your account, You will be asked to create a username and password, which You will be solely responsible for safeguarding. We encourage You to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with Your Key City Balloons account. You agree not to disclose Your username or password to any third party, and You agree to immediately notify Key City Balloons of any unauthorized use of Your account. You further acknowledge and agree that You will be solely responsible for any activities or actions on or through Your account, whether or not You have authorized such activities or actions. We cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

You agree to the Consequences of Non-Compliance. Your failure to comply with the Terms may result in the suspension or termination of Your Account and/or access to the Site and may subject You to civil and criminal penalties.

User Conduct

Any time You access or use the Website, You are required to comply with our User conduct guidelines, as set forth below. You agree that You will access and use the Website and Services for Your personal use only.

You are not authorized to access or use the Website:

to impersonate any person or entity, or falsify or otherwise misrepresent Your identity, credentials, affiliations or intentions;
to collect, store or use any information from or about another User;
to “stalk” or harass any other User;
to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
if You are not able to form legally binding contracts (for example, if You are under 13);
if You are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or
for any other purposes that are not expressly permitted by the Terms.

Account Termination

If You no longer wish to have a registered account, You may terminate Your account by sending an email to maria@keycityballoons.com.

If, for any reason, we believe that You have not complied with these terms and conditions, we may, at our sole discretion, cancel Your access to the registration areas of Site immediately and without prior notice. We may terminate Your registered account, at our sole discretion, by emailing You at the address You have registered stating that the agreement has terminated.

Your account will be created based upon the information You provide to us. You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.

When You create Your account, You will be asked to create a username and password, which You will be solely responsible for safeguarding. We encourage You to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with Your account. You agree not to disclose Your username or password to any third party, and You agree to immediately notify Key City Balloons of any unauthorized use of Your account. You further acknowledge and agree that You will be solely responsible for any activities or actions on or through Your account, whether or not You have authorized such activities or actions. We cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

Account Suspension and Cancellation

You may cancel Your account at any time.

We may, in our discretion, without liability to You and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel Your account and take technical and legal steps to prevent You from using our Website and Services at any time for any reason.

Upon termination, Your right to use the Service will cease immediately.

We reserve the right to suspend or terminate Your account or Your access to the Website if You create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent.

We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.

If We have suspended Your account due to Your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Our reasonable satisfaction.

Intellectual Property Ownership

The Website

The Website and Services, including Website, and all features, functionality, tools, and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website and Services, and all intellectual property rights therein are the exclusive property of Key City Balloons and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website or Services.

Without limiting the foregoing, You acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Key City Balloons (the “Key City Balloons Marks”) are the property of Key City Balloons, and that You are not permitted to use the Key City Balloons Marks without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website or Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Key City Balloons or the intellectual property owner, as applicable.

This foregoing license is subject to modification or revocation at any time at Key City Balloons’ sole discretion.

No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Key City Balloons or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to You by the Terms are hereby reserved.

DMCA Notice

If You are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Site infringes upon Your copyrights, You may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

Identification of the copyrighted work or works claimed to have been infringed.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
Your contact information including your name, an address, telephone number, and, if available, an email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your physical or electronic signature.

Trademarks and Copyrights

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled, or licensed by Key City Balloons.

Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.

Our names and logos, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Maria Murray, owner of Key City Balloons. We prohibit the use of any Key City Balloons or any of its affiliates as part of a link to or from any Website unless We approve such link in advance and in writing.

Fair use of Our Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Disclaimer

Postings on our Website are made at such times as Key City Balloons determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Key City Balloons does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

To the extent permitted at law, we do not accept any responsibility for any statement in the Company Content. Nothing in the Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of Your doing, or not doing, anything as a result of viewing, reading, or listening to the Content or any part of it. You can access other sites via links from Our Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Site or its content. In particular, we do not warrant that the Site or any of its contents is virus free. You must take Your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

Indemnification

You agree to defend, indemnify, and hold harmless the Company its subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by You or any user of Your account of these terms and conditions or privacy policy or arising out of a breach of Your obligations, representation and warranties under these terms and conditions.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Key City Balloons.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: http://keycityballoons.com/contact