“Written and directed by Cary Joji Fukunaga, ‘Beasts of No Nation’ is based on Uzodinma Iweala's harrowing, linguistically dazzling novel of a child soldier's life.”
“The Sundance Audience Award winning film Crown Heights is the story of Colin Warner's wrongful conviction and his best friend's 21-year fight for Warner’s freedom.”
“A powerfully meditative experience that grapples with themes of faith, destiny, death, and fathers and sons, Last Days In The Desert possesses the attributes that have been the hallmark of writer-director Rodrigo García's best films: It’s emotionally uncluttered while being narratively ambitious.”
“Creating this forum for sharing vulnerabilities is just so powerful. It makes it a much more meaningful, and lasting experience of a film.”
— NB Experience Participant
Last Updated: April 18, 2019
We appreciate your interest in New Balloon. However, New Balloon has a firm policy against accepting unsolicited materials, including but not limited to, ideas, proposals, screenplays, scripts, film, video, virtual reality (VR) proposals, marketing and promotional plans, literary materials, audio-visual files, production concepts, or immersive, multisensory experiences (collectively, “Materials”), for consideration. Therefore, we are unable to accept any submission of Materials, in whole or in part, that is unsolicited. You should also be aware that New Balloon is actively developing, producing and publishing a number of literary, motion picture and other projects, some of which may be similar to the Materials you desire to submit.
As a matter of policy, New Balloon only accepts submissions of Materials from individuals and companies with whom New Balloon regularly conducts business. Accordingly, we must reject all submissions of Materials that are unsolicited or not received from the individuals or entities in the foregoing sentence. Furthermore, we request that you do not send any correspondence relating to your Materials or any other project to anyone who works for New Balloon or its affiliated companies. If, despite our request that you not send us your Materials, you still submit them, then regardless of what your letter, email, or other communication says, you agree that the following terms shall apply to your submissions.
You agree that: (1) your submissions and their contents, including any associated Materials, will automatically become the property of New Balloon, without any compensation to you; (2) there is no obligation for New Balloon to review, consider, or otherwise use the submission; (3) New Balloon may use or redistribute the submissions and their contents for any purpose and in any way, commercial or otherwise; (4) there is no obligation to keep any submissions confidential; and (5) you waive the right to make any claim against New Balloon, including without limitation, claims for unfair competition, breach of contract, or breach of confidentiality.
ANY UNSOLICITED MATERIALS RECEIVED BY NEW BALLOON MAY BE DISCARDED OR RETURNED, AT NEW BALLOON’S SOLE DISCRETION.
Last Updated: March 20, 2019
The www.newballoon.com website, including all of its features and content (“Website”) is a service made available by New Balloon, LLC d/b/a New Balloon (“New Balloon”).
In order for you to use our Website, we need to collect and process certain information, which depending on how you use the Website, may include:
We use the following types of cookies and other technologies:
Your browser may give you the ability to control cookies, which may depend on the type of cookie, and browsers can be set to reject browser cookies. However, blocking or deleting cookies may prevent you from using most of the Website.
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. If you block cookies, certain features on the Website may not work. If you block or reject cookies, not all of the tracking described here will stop.
Note that certain options you select are browser- and device-specific.
We use the information we collect for the following purposes:
European Union data protection law requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful bases include:
Information that May be Publicly Accessible
If you post User Content in Interactive Areas, other Users will be able to view such User Content, along with your name and email address that you provide in posting the User Content to the Interactive Areas. Do not post to Interactive Areas any information, including, without limitation, personal information, that you do not want to be publicly accessible.
Additionally, personal information in your New Balloon Member profile is shared or otherwise viewable by other New Balloon Members unless you specifically choose the option within your account for your profile to be anonymous. Bear in mind that if you wish to remain anonymous, you may not be able to take advantage of some of the functionality of the Website.
Information We Never Share Publicly
The following personal information is never publicly displayed or revealed to other Users (unless you post it in the Interactive Areas or share it in your public New Balloon Member profile):
Information We Share with Trusted Third-Party Service Providers
We may share certain information pertaining to you with certain trusted third-party service providers to help us provide, improve, promote, or protect the Website, such as when we partner with payment processors or use services to help us manage our ads on other websites. When we share data with third-party services to help us deliver the Website and our services, we require that those service providers use your information only for the purposes we have authorized and protect your personal information at least to the same standards we do. We may also share information that is aggregated and anonymized in a way that it does not directly identify you.
Information We Share to Protect New Balloon and Comply with the Law
We reserve the right to disclose information we collect from or about you when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect New Balloon’s legal rights, property, or the safety of New Balloon, its users, or others. You hereby authorize us, to share or disclose your personal information, including, without limitation, any content, records, or electronic communications of any kind, when we determine, in our sole discretion, that the disclosure of such information is necessary to identify, contact, or bring legal action against you if:
In the event that New Balloon is acquired by or merged with a third-party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
New Balloon is based in the United States so your information will be collected and processed in the United States, which has its own laws governing data protection and access to it, including by the government. If you reside outside of the United States, be advised that the rules that protect your personal information under United States federal, state, and local law may differ from those of your home country.
The privacy of children is of the utmost importance, and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Website does not knowingly collect, use, or disclose personal information from children under the age of 13. If we ever discover that we have inadvertently collected personal information from children under the age of 13, we will delete it as soon as possible. If you are a parent or legal guardian and believe that we have collected personal information from your child under the age of 13, please email us at email@example.com, and we will take steps to delete such personal information as soon as possible.
Users residing in certain countries, including citizens or residents of the European Economic Area, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of such user’s personal information. Even after you request we delete your personal information, we may retain certain information as required by law or as necessary for our legitimate business purposes.
We want to communicate with you only if you want to hear from us. We will send you email relating to your transactions with us. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt out at any time by adjusting your notification settings. We will also send you service-related announcements when and as necessary. We try to keep emails to a minimum and give you the ability to opt in to any marketing communications we send.
We maintain a strict “no-spam” policy. We will not use false or misleading subjects or email addresses, identify the message as an advertisement in a reasonable way, include the physical address of our business, monitor our third-party email marketing services for compliance, honor opt-out/unsubscribe requests quickly, and allow users to unsubscribe by using the link at the bottom of each email. If you are having problems unsubscribing please contact us at firstname.lastname@example.org by forwarding the newsletter, if applicable, and including the word “Unsubscribe” in the subject line and we will use reasonable efforts to remove you within seven (7) business days. Please note that we will not process any unsubscribe requests submitted as direct replies to any newsletter.
We take security seriously, and the security of your personal data is important to us. We follow industry-standard practices to protect the data we collect and maintain, including using Secure Sockets Layer (SSL) to encrypt information as it travels over the Internet. No method of transmission over the Internet or electronic storage is completely secure, so we cannot guarantee its absolute security.
Last Updated: March 20, 2019
YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.
Violation of this License may result in infringement of intellectual property and contractual rights of New Balloon, other Users of the Website, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
By using the Website, you expressly relieve and hold New Balloon harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content or Third-Party Product on the Website or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
The Website may contain interactive areas where Users can upload their own User Content (the “Interactive Areas”). You acknowledge and agree that submissions made to Interactive Areas may be publicly available to all other Users, or in certain cases, specific other Users, and that you may be publicly identified when communicating in Interactive Areas, and New Balloon will not be responsible for the action of any Users with respect to any information or materials posted in Interactive Areas. Your User Content shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Website or transmit to us any User Content that you consider to be confidential or proprietary.
User Content shall not contain protected health information. You are strictly prohibited from submitting User Content that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing New Balloon with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should New Balloon discover that you have done so, New Balloon will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate New Balloon to actively screen the information that you provide.
You hereby acknowledge and agree that New Balloon does not actively monitor or police the Interactive Areas or specific interactions between Users of the Website (and has no obligation to do so) and you hereby disclaim and hold New Balloon harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User. Notwithstanding the foregoing, New Balloon reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Website to any infringing party.
Unless otherwise provided in a separate written agreement between you and New Balloon, you retain all right, title and interest in and to any User Content that you upload onto the Website; provided, that you hereby grant to New Balloon a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights you have in such User Content in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Website (the “User Content License”). Said license is without any payment, permission or notification due from New Balloon to you or any third party. The User Content License includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform, and sublicense User Content in any form, medium, or technology now known or hereafter developed. By submitting User Content to the Website, you acknowledge and agree that New Balloon may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to your User Content. You agree that you shall have no recourse against New Balloon for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to New Balloon. You acknowledge and agree that your submission of User Content to the Website does not create any new or alter any existing relationship between you and New Balloon.
You certify and warrant that your User Content is your original work or that the owner of such works has expressly granted to New Balloon a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you to New Balloon, and do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.
You may remove your User Content at any time. If you remove any Posting, New Balloon will cease using that particular Posting in promotional materials and derivative User Content; provided that (i) New Balloon may not be able to control uses of your User Content made by other users and will not be liable for any use by a third party and (ii) New Balloon may maintain a copy of removed User Content for archival and legal purposes.
You acknowledge and agree that New Balloon may establish general practices and limits concerning use of the Website or Content. You agree that New Balloon has no responsibility or liability for the blocking, deletion, or failure to store any User Content maintained or transmitted by the Website. You further acknowledge that New Balloon reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
New Balloon has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. New Balloon reserves the right to remove any Website Content or User Content that allegedly infringes another party’s copyright. New Balloon will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s copyright. Notices to New Balloon regarding any alleged copyright infringement should be directed to New Balloon via email at email@example.com.Notification of Alleged Copyright Infringement: If you believe in good faith that your work has been copied in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:
U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Counternotice to Restore User Content Removed for Alleged Copyright Infringement: If you believe that your User Content has been removed by mistake or misidentification, you may provide us with a written counter-notification containing the following information:
You agree not to display or use in any manner any trademark, services mark, logo, trade dress, slogan, or other brand features, either registered under the laws of the U.S. or any other country or jurisdiction, or unregistered and existing at common law, belonging to New Balloon unless you obtain New Balloon’s prior written permission.
New Balloon reserves the right to remove any Website Content or User Content that allegedly infringes another party’s trademark or service mark. New Balloon will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s trademark or service mark. Notices to New Balloon regarding any alleged trademark infringement should be directed to New Balloon via email at firstname.lastname@example.org.
Notification of Alleged Trademark Infringement: If you believe in good faith that any of your registered trademark or service mark has been infringed upon by any Website Content or User Content under applicable law, you may provide us with a written notice containing the following:
No Appeal to Restore User Content Removed for Alleged Trademark Infringement: If we remove your User Content because of a trademark infringement report, you will receive a notification from us that includes the name and email address of the rights holder who made the report and/or the details of the report. If you believe the content should not have been removed, you can follow up with the rights holder directly to try to resolve the issue. New Balloon does not provide a counter-notice or appeal mechanisms for claims of trademark infringement and disclaims any liability for claims you might make regarding mistaken or misidentified trademark infringement notice and takedown requests.
You are solely responsible for all of your interactions with the Website and other Users on or through the Website, including, without limitation, your participation in Interactive Areas. In your interactions with other Users, you agree to conduct yourself professionally, civilly, and respectfully at all times.
The Website and Website Content, and any User Content belonging to another User, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without express prior written consent of New Balloon, or in the case of another User’s User Content, the applicable User.
With limiting the foregoing, while using the Website, you may not:
In order to utilize certain full functionalities of the Website, each User may need to register and create an account (each, an “Account”). You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to New Balloon will be and remain at all times true, accurate, current, and complete. New Balloon may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by New Balloon.
New Balloon will have the right to use your Registration Data in connection with servicing and operating the Website. You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive, or otherwise inappropriate, (iv) to not allow any third party to use your login information, Registration Data, or Account, and (v) to notify New Balloon of any breach of security by promptly sending New Balloon an e-mail to email@example.com. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. New Balloon is not responsible for any loss or damage as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or to persons who are between the ages of thirteen (13) and eighteen (18) who have their parent or guardian’s permission to use the Website. BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), OR HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS OF SERVICE, AND THAT YOU WILL SO ABIDE.
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. New Balloon will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
New Balloon disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. New Balloon assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold New Balloon harmless from any and all liability arising from your use of any Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEW BALLOON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. NEW BALLOON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND NEW BALLOON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER NEW BALLOON NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER NEW BALLOON NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER NEW BALLOON NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEW BALLOON AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU ACKNOWLEDGE AND AGREE THAT NEW BALLOON IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD NEW BALLOON OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, OR OTHER AGENTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY NEW BALLOON OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL NEW BALLOON OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, OR OTHER AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT NEW BALLOON AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, AND OTHER CONTRACTING PARTIES, TOGETHER WITH THEIR RESPECTIVE DIRECTOR, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, AND OTHER AGENTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND NEW BALLOON AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR NEW BALLOON WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR NEW BALLOON ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND NEW BALLOON FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, NEW BALLOON, AND ALL PARTIES TO ANY SUCH PROCEEDING.
New Balloon does not represent or warrant that the Website, Website Content, or User Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. New Balloon does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of New Balloon’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. New Balloon is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; New Balloon cannot and does not guarantee that any Registration Data or other personally identifiable information relating to you submitted to the Website will not become public under any circumstances.
New Balloon may in the future update the Website to change the Website Content and/or features thereof at any time (an “Update”). New Balloon shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, New Balloon is under no obligation to undergo an Update of the Website to the extent any Website Content, User Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.