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Terms of Service

Last Updated: June 01, 2026
Welcome to Balloon Artist Marketplace (“BAM,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the Balloon Artist Marketplace website, platform, products, services, subscriptions, content, and related functionality.
By creating an account, checking agreement boxes, purchasing products, subscribing, uploading content, or otherwise using BAM, you electronically agree to these Terms
If you do not agree, you may not use the platform.

1. Definitions

“Platform” means Balloon Artist Marketplace and all related services.
“User” means any person or entity accessing or using the platform.
“Seller” means an approved user who uploads or sells products through BAM.
“Buyer” means a user who purchases or downloads products through BAM.
“Products” means digital goods, templates, files, downloads, educational materials, graphics, workflows, tutorials, tools, guides, videos, and related resources offered through the platform.
“Content” means all text, graphics, images, files, listings, downloads, videos, products, and materials uploaded, distributed, or displayed on the platform

2. Marketplace Relationship

Balloon Artist Marketplace operates solely as a technology platform and online marketplace facilitator.
BAM does not create, manufacture, inspect, test, verify, endorse, review, or certify seller products or services.
Transactions occur directly between buyers and independent sellers.
BAM is not:
• the seller of marketplace products
• a party to transactions between users
• responsible for product quality, legality, licensing, safety, usefulness, or accuracy
Sellers are solely responsible for their products, licenses, listings, representations, support, and legal compliance.
Nothing in these Terms creates an employment, agency, partnership, fiduciary, or joint venture relationship between BAM and users.

3. Eligibility

Users must:
• be at least 18 years old
• provide accurate information
Version 1.0
Effective Date: 06/01/2026
• comply with applicable laws
• maintain professional conduct
BAM reserves the right to approve, deny, restrict, suspend, or terminate accounts at its discretion

4. Account Security

Users are responsible for maintaining the confidentiality of account credentials. Users may not:

  • share accounts
  • impersonate others
  • create duplicate accounts after suspension
  • provide false information
  • allow unauthorized access to downloads or subscriptions

5. Platform Rules and Prohibited Conduct

Users may not:
-upload stolen or infringing products

  • violate intellectual property rights
  • misuse licenses
  • harass or abuse users
  • scrape marketplace data
  • distribute malware
  • conduct fraudulent chargebacks
  • manipulate reviews
  • bypass marketplace fees
  • direct users off platform to avoid commissions
  • copy marketplace systems or functionality
  • engage in illegal activity BAM reserves the right to investigate suspected violations

6. Intellectual Property

All BAM branding, logos, graphics, text, website content, and platform functionality remain the property of BAM unless otherwise stated.
Sellers retain ownership of their uploaded products and content.
Users may not reproduce, distribute, or exploit BAM platform content without permission.

7. Copyright and Intellectual Property Complaints

BAM respects intellectual property rights.
If you believe content infringes your rights, contact:
balloonartistmarketplace@gmail.com
Complaints must include:

  • identification of allegedly infringing material
  • proof of ownership
  • contact information
  • good faith statement
  • statement made under penalty of perjury BAM may remove content without notice.
    Repeat infringers may be permanently banned.
    BAM is not obligated to monitor listings, products, messages, or user conduct, though BAM reserves the right to do so.

8. AI Generated and Third Party Content

Sellers remain solely responsible for ensuring uploaded content complies with applicable laws and third party licensing requirements. This includes:

  • Canva licensing rules
  • stock image licenses
  • fonts
  • trademarks
  • copyrighted materials
  • AI generated content Sellers may not upload content that infringes third party rights or violates third party platform licensing restrictions.

9. Purchases and Payments

Payments are processed through third party providers including Stripe.
Users agree:

  • applicable taxes may apply
  • payment processing fees may apply
  • subscriptions may automatically renew
  • pricing may change with notice BAM is not responsible for payment processor failures, outages, or interruptions.

10. Refund Policy

Due to the digital nature of marketplace products, all sales are generally final.
Refunds are not guaranteed and are handled solely at BAM’s discretion.
Refund requests may only be considered in limited circumstances including: \

  • duplicate purchases
  • corrupted files
  • inaccessible downloads
  • fraudulent activity Buyer remorse, misunderstanding listings, failure to review licensing terms, or inability to use products do not qualify for refunds.

11. Subscription Terms

Seller memberships renew automatically unless canceled before the applicable renewal date.
Monthly memberships:

  • renew automatically each month
  • must be canceled before the next billing cycle Annual memberships:
  • renew automatically every 12 months
  • require cancellation prior to renewal Subscription fees are non refundable unless required by law.
    BAM reserves the right to modify subscription pricing with notice

12. Platform Availability

BAM does not guarantee uninterrupted access to the platform.
BAM may perform maintenance, updates, modifications, or temporary shutdowns at any time

13. Taxes

Sellers are solely responsible for:

  • income taxes
  • reporting obligations
  • local compliance
  • business licensing requirements BAM may collect tax documentation where legally required.

14. No Professional Advice

Marketplace products and educational materials do not constitute legal, financial, tax, accounting, or professional advice.
Users assume full responsibility for use and implementation of purchased products and educational materials.

15. No Guarantee of Results

BAM makes no guarantees regarding:

  • income
  • profitability
  • business growth
  • operational success
  • client acquisition
  • marketplace exposure

16. Disclaimer of Warranties

The platform is provided “as is” and “as available.”
BAM makes no warranties regarding:

  • platform availability security
  • reliability
  • product quality
  • seller accuracy
  • uninterrupted functionality Use of the platform is at the user’s own risk

17. Limitation of Liability

To the fullest extent permitted by law, BAM and its owners, affiliates, contractors, and representatives shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages.
BAM’s total liability shall not exceed the amount paid to BAM by the user during the previous 12 months.

18. Indemnification

Users agree to indemnify and hold harmless BAM and its affiliates from claims, damages, losses, liabilities, and expenses arising from:

  • user content
  • seller products
  • intellectual property disputes
  • legal violations
  • misuse of the platform

19. Suspension and Termination

BAM reserves the right to:

  • remove listings
  • suspend accounts
  • terminate subscriptions
  • withhold payouts
  • permanently ban users
  • refuse service for any lawful reason Violations may result in termination without refund.

20. Arbitration and Class Action Waiver

Any dispute arising from these Terms shall be resolved through binding arbitration in the State of New Jersey.
Users waive the right to participate in:

  • class actions
  • class arbitrations
  • representative proceedings Disputes must be resolved individually.

21. Governing Law

These Terms are governed by the laws of the State of New Jersey.

22. Survival

Sections relating to intellectual property, indemnification, payment obligations, limitations of liability, dispute resolution, and license restrictions survive termination of platform access.

23. Entire Agreement

These Terms, together with the Buyer Agreement, Seller Agreement, and Privacy Policy, constitute the entire agreement between BAM and users regarding platform use.

Contact

balloonartistmarketplace@gmail.com
Balloon Artist Marketplace (“BAM,” “we,” “our,” or “us”) respects your privacy and is committed to protecting your information.