These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland
If you reside in a country within the European Union, these terms are an agreement between you and Ballbella. Under this agreement, goods and/or services will be delivered via Ballbella as an agent of Ballbella, or by Ballbella , depending on the type of payment method used for the purchase of the goods and/or services. If you reside in any other country these terms are an agreement between you and Ballbella, and goods and/or services will be delivered by Ballbella directly.
Processing and Disclosure of Information
when we have received your consent to do so;
in situations where sharing or disclosing your information is required in order to offer you services requested by you;
when companies or service providers that perform business activities on behalf of Ballbella.com require such information (e.g., customer support services, payment processing services, or database management services);
to comply with legal or regulatory requirements or obligations in accordance with applicable law or court order;
in order to provide information that will enable us to make our services and those of our trusted partners more effective;
to third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets; or
to protect against potential fraud, we may verify with third parties the information collected from the Site.
Please note that, while Ballbella.com may seek your consent regarding certain uses of your information, it may not do so in all instances. For example, in some cases your permission will be implied from the nature of the service requested or transaction undertaken. For instance, Ballbella.com may disclose your information to mail carriers or credit card processors in order to provide a product or fulfill a service to you. In instances like this, because the use of your information is necessary to complete the service, your permission for these uses is implied.
Your Choices Regarding Communications
As a user of the Site, you may receive communications, via email, mail, and possibly by phone, related to the information and services provided through the Site. You will have the ability to unsubscribe from certain communications from Ballbella.com. For example, some email messages may be more commercial in nature, such as alerts or personalized updates, company announcements or website updates. For these types of communications, we will provide you the opportunity to exercise an opt-out or unsubscribe choice if you do not want to receive these types of communication from us. However, doing so may cause you to be uninformed about information provided on the Site. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
Users may not be able to opt-out or unsubscribe from other types of communications. For example, we may use your email address to confirm your request, to send you notice regarding your transaction, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
International Transfer of Information
If you choose to provide us with personal information, Ballbella.com may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from UK law, please note that you are transferring your personal information to the UK which does not have the same data protection laws as the EU and by providing your personal information you consent to:
the transfer of your personal information to the UK as indicated above.
Use of and Comments to Material
If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting usthrough Contact us page.
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. Ballbella.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site. Ballbella.com is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Ballbella.com or its licensors.
Product Availability and Pricing
Due to product demand and changes in product availability, including as a result of our discontinuing certain products as determined by us in our discretion, product availability through Ballbella.com is not guaranteed. This applies even for products that you may have purchased previously through Ballbella.com. You can contact a customer service representative through the Contact Us page to determine product availability.
Prices for products offered through Ballbella.com are subject to change as determined by us in our discretion. Such pricing policy applies to all products, including products that you may have purchased previously through Ballbella.com.
Shipments and Applicable Duties and Taxes
Depending on the country to which you instruct us to ship your order, your order may be subject to import taxes, customs duties and fees and/or other similar types of governmental taxes, duties or fees (collectively, “Duties and Taxes”). You are responsible for the payment of all such Duties and Taxes, irrespective of when you are billed or charged for Duties and Taxes. We have no control over these charges as customs policies vary widely from country to country. When you place an order for which Duties and Taxes are applicable, the calculation of the Duties and Taxes payable by you may not occur until after you have placed your order. This means that the first time you learn about the amount of the Duties and Taxes charged to you may not be until you receive your credit card statement or your receipt from us with your shipment. In some cases, the calculation of Duties and Taxes may cause a shipping delay beyond our original delivery estimates.
General Return Policies
1. Contact our Customer Service to initiate the return process within 7 days upon receiving your item(s).
Please note that we only accept products in their original condition, and we cannot process any products that are returned without our prior knowledge. If you wish to return any or all parts of your order, you will need to contact customer service at Contact Us and obtain a "Product Return" form that must be included with your package. All the return item(s) will go through inspections. We will process the refund when we get the returned package and confirm that the product has the problems mentioned.
2. Mis-shipped products: Once we have confirmed your mis-shipped items (item shipped different from item ordered), we will be responsible for the item exchange and postage. You may also return the product and get a full refund including postage.
3. Color Errors: If the color of the item received is not what was ordered, you are qualified to get a full refund.
4. This return policy does not apply to our business resellers. Please contact us for additional instructions.
Notice and Procedure for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement must be sent to Service Provideron ip@Ballbella.com.
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a UK Court for the judicial district in which your physical address is located, or if your physical address is outside of the UK, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
User Generated Content
From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”). In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Ballbella.com, Ballbella.com’s joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, "Ballbella.com Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Ballbella.com Parties may or may not earn or generate through its use of your Submission.
Ballbella.com Parties' Right to Use Your Submission. You grant the Ballbella.com Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the Ballbella.com Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the Ballbella.com Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
Clearance of Your Submission for the Ballbella.com Parties' Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Ballbella.com Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Ballbella.com Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the Ballbella.com Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification. You acknowledge that the Ballbella.com Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Ballbella.com Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.
Community and Social Media Sites, Chat Rooms, Forums, and Blogs
Ballbella.com wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on Ballbella.com’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Ballbella.com. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on Ballbella.com’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user -- you alone are responsible for material you post. Ballbella.com does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.
By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
• Impersonates any person, business or entity, including Ballbella.com and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including Ballbella.com;
• Contains an advertisement or solicitation or encourages others to make a donation;
• Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a false name;
• Permits any person to access, using your account, any features of the Site that may require registration;
Our Use of Materials
With the exception of any and all Submissions (Ballbella.com’s permitted use of which is discussed above) and any material posted on Ballbella.com’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Ballbella.com and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on Ballbella.com’s community and social media sites, you are granting to Ballbella.com, and to anyone authorized by Ballbella.com, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Ballbella.com’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Ballbella.com, and anyone authorized by Ballbella.com, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Ballbella.com deems appropriate.
The materials available through the Site are the property of Ballbella.com or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Site in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Site, and to tell them how to find it.
We welcome links to the Site. You are usually free to establish a hypertext link to any publicly available portion of the Site so long as the link does not state or imply any sponsorship or endorsement of your site by our Site or by Ballbella.com. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.
No Soliciting or Spamming
You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
Without the prior written permission of Ballbella.com, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, Ballbella.com or any of their licensors into another website or other service.
We don't want anyone to be confused as to which materials and services are provided by Ballbella.com and which are not. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.
Disclaimer of Warranties
THIS SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, Ballbella.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
We have no liability whatsoever for the results of submissions of information or requests to this Site or by means of this Site. UNDER NO CIRCUMSTANCES SHALL BALLBELLA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR OUR SERVICES, EVEN IF BALLBELLA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL BALLBELLA.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
Access and Interference
Much of the information on the Site is updated on a real time basis. By using the Site, you agree not to:
Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission.
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Implement any manual processes to monitor or copy content from the Site without express written permission.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site.
Links to Other Web Sites
Ballbella.com is not responsible or liable for any content presented by or contained on any independent web site, including, but not limited to, any advertising claims or marketing practices. Please note that we cannot control and will not be responsible for the privacy policies of third party web sites. Third party web sites that are accessed through links on our web sites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their web sites. We recommend that you review the privacy statements and policies of linked web sites to understand how those web sites collect, use and store information.
Choice of Law
Ballbella.com enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, Ballbella.com holds the benefit of and may enforce this Agreement on behalf of those affiliates. Ballbella.com reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.