Wednesday February 08 , 2012

Terms and Conditions

The content, products and services offered at www.balince.com (the “Web Site”), is provided by Lotus Interworks, Inc. (the “Company”) located as shown on the Contact Us page on the Web Site. By visiting the Web Site and/or using the services offered through Web Site, the user ("User") agrees to be bound by these Terms and Conditions and that such agreement constitutes a binding contract (the “Agreement”) between User and Custom Search Services regarding the Web Site, contents, products and services offered therein. If User does not wish to be bound by these Terms and Conditions, the User should not visit or use the Web Site or use the content, products or services offered therein.

Company reserves the right to change these Terms and Conditions from time to time at its sole discretion. In the case of any violation of the Terms and Conditions, Company reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions apply to all visits to the Company Web site, both now and in the future.

General Disclaimer

Although Company has made reasonable efforts to place accurate information on this Web Site, Company assumes no responsibility for the accuracy of the information. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY PROVIDES THIS WEB SITE, CONTENT, PRODUCTS AND SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. COMPANY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT COMPANY OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

COMPANY SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE, ITS CONTENT, PRODUCTS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE LAWS.

Indemnification

User agrees to indemnify and hold harmless Company, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

Restrictions on Use of Material

The use of the Web Site, its products and services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the Company Web Site or on any other co-branded Web Site, by any user in any capacity, is strictly prohibited and a material condition to the use of the Company Site. Data mining, screen scraping, downloading or any other activity designed to obtain, re-use, reformat, re-sell the information contained within the Company or co-branded Web Sites in a commercial manner is strictly prohibited. Company reserves the right to immediately terminate any account that is being used in such activity. The reposting, manipulation, display or other Web-based presentation of data obtained through the Company Web Site on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, Company may seek injunction in any court located in Los Angeles County, California or the United States District Court for The Central District of California. And, the subscriber through the use of this Site consents to the jurisdiction of said courts and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.

Trademarks, Service Marks, & Logos

All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web Site are trademarks or service marks of Company or another entity. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web Site is strictly prohibited without prior written approval by Company.

Code of Behavior

User agrees not to post on the Web Site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity; (d) otherwise violates any applicable law. User will not post on this Web Site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to Company must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.

Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee.

By subscribing to the Company service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in Company Site to any person or organization, by any means, electronic or other.

Web Site Offerings

Balince.com offers a fun, downloadable interactive game free of charge. No products for purchase are offered through this website. There is no refund or cancellation policy. Please review these Terms and Conditions carefully prior to downloading and using the product from this website. Downloading and using the product from this website constitutes your acceptance of these Terms and Conditions.

Arbitration of Disputes

Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person or agree upon a three-person panel to hear and determine the dispute. If the parties cannot agree, then the Superior Court of Los Angeles County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. The parties shall bear their own legal fees and costs for all claims. The sole and exclusive venue for the arbitration and or any legal dispute shall be Los Angeles County, California. Because each party is giving up a right, User is encouraged to have an independent lawyer of User’s choice review these arbitration provisions before agreeing to them.

Links to/from Third Party Sites

This Web Site contains links to third-party sites. User accesses these sites at User's own risk; Company is not responsible for the contents, changes, updates, or other links contained in a linked site. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Company of the site.

Any third-party desiring to link to Company must link to Company's homepage located at Company. No one may link to any other page of this Web Site without the prior written consent of Company.

Authorization, Credit Cards, Debit Cards

By signing up to the service provided by Company and by providing credit card, debit card or ACH transaction information, the User consents to the billing for services/access provided by Company.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Company as a result of use of Company Site.

Governing Law

The contents of this Web Site and any claims related to it are governed by the laws of the State of California, without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.

Privacy

Unless specifically noted when the information is obtained, Company does not make available to third parties information that personally identifies its Web Site users. With the exception of: If User linked to this page (or subscription form) from another Web Site, information entered here may be disclosed to the owners of such Web Site. Other information or ideas that Users transmit to or post on this Web Site by any means will be treated as non-proprietary, and may be disseminated or used by Company, its affiliates or the Vendors for any purpose whatsoever. For more detailed information see our Privacy page.

By subscribing to the Company's service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in Company to any person or organization, by any means, electronic or other.

Company Name and Address

Lotus Interworks, Inc. 11833 Mississippi Avenue, Suite 200, Los Angeles, California 90025. User may receive the above information at the User’s email address upon request.

Entire Agreement

The above Terms and Conditions constitute the entire and only agreement between User and Company on the matters described. User understands that User may be subject to further restrictions while using third-party vendor Web Sites.