This policy is valid from 29 August 2016
Last Updated: 12/18/2016
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.
Canny Costumes is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
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.
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, PUNTIVE, OR CONSEQUENCIAL 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 REMEMDY 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 PRECEEDING 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 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.