Welcome to OnTheBallBowling.com! Please read these Terms ("Terms") and Conditions carefully as they contain the legal terms and conditions that you ("you") agree to when you access and use this website (the "Website"), and/or purchase from OnTheBallBowling. By placing an order you accept these Terms and you acknowledge these Terms constitute a binding agreement between you and OnTheBallBowling.com. In addition, you agree to faithfully comply with all rules and requirements that appear during your order process on the Website.
1. Pricing, Products and Policies
Pricing, retail policies and shipping applicable to the purchase of products are as set forth on the Website, and are incorporated into these Terms by reference. All costs and fees are quoted in U.S. dollars. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice
Please Note: One discount code is allowed per order unless otherwise specified.
2. Content Restrictions for Custom Goods
You agree not to use the website or service:
A. To upload, order for production, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;
B. To upload, order for production, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
C. To upload, order for production, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
D. To upload or otherwise transmit any material which is likely to cause harm to any OnTheBallBowling.com service or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any OnTheBallBowling.com service or which may cause any defect, error, malfunction or corruption to the service; and
E. To upload, order for production, or otherwise transmit or communicate any material that emulates any form of valid indicia or payment for postage.
You agree that if OnTheBallBowling.com, in its sole discretion, determines that any material you upload may not meet these content requirements, OnTheBallBowling.com may reject your order without explanation. OnTheBallBowling.com reserves the right to charge a processing fee of $10.00 for each image, graphic or photograph that you submit as an order, which violates our content restrictions.
In addition, in the event you violate these Content Restrictions and you intentionally publicize such violation, you acknowledge that OnTheBallBowling.com will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
3. Suspension and Termination of Access
You agree that OnTheBallBowling.com may at any time without notice:
A. Refuse to accept your orders for service;
B. Move or suspend any part of the service; or
C. Refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in OnTheBallBowling.com's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires OnTheBallBowling.com to do so.
OnTheBallBowling.com will not be liable to you or any third party for any suspension or termination of your access to the Website or failure to produce any product, except that OnTheBallBowling.com will refund to you any amounts paid by you for products not produced.
You are responsible for all of the images you upload to our site. You must have the legal right to copy and display each image that you upload, share or print. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright.
In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on custom products created using this service without the consent of the owner of the copyright.
Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material.
You authorize OnTheBallBowling.com to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringing material. OnTheBallBowling.com may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.
Click here to find out how to report a violation of Intellectual Property Rights.
5. Age and Geographical Requirements
You must be at least 13 years of age to use this website. If you, your parent, or guardian has any concerns please feel free to contact us. In addition, OnTheBallBowling.com only accepts orders that are shipped to locations within the United States of America and its territories.
6. Responsibility for Custom Products Creation and Use
You acknowledge and agree that neither OnTheBallBowling.com nor any other party connected with the license or manufacture of the custom products will be involved in any way with the design of your order.
You must evaluate and bear all risks associated with the use of any of your content and images with the custom product purchased. You are solely responsible for and assume all liability arising from all custom products that you and any other person create or use in connection with the Website.
The fact that we produce the custom product does not mean that:
(1) we approve or endorse the content of the custom product,
(2) the custom product complies with all applicable laws, or
(3) you will not incur any liability or harm arising from the custom product.
Furthermore, you agree to refrain from using the OnTheBallBowling.com services, your customized products, or images of your customized products in any manner that would cause damage to the public reputation of OnTheBallBowling.com, its employees, shareholders, board members, or partners.
In the event that you use or publicly display your customized products, including by display on the Internet, in order to intentionally bring harm to OnTheBallBowling.com, its employees, shareholders, board members or partners, OnTheBallBowling.com reserves the right to demand the immediate return of your customized products, and to pursue any and all further remedies available to OnTheBallBowling.com under the law.
8. Compliance with Law
You agree that you will use the Website and any products ordered thereon at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
You agree to indemnify and hold OnTheBallBowling.com and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Website, your content and/or images, your use of the customized products, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.
10. Third Party Links
This Website may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.
11. Proprietary Rights
This Website, the OnTheBallBowling.com services, and all software, systems and processes used in connection with the Website and service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and are covered by US Patents.
12. Disclaimer of Warranties
THE PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH ONTHEBALLBOWLING.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OTB BOWLING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OTB BOWLING.COM MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OTB BOWLING.COM MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.
13. Color disclaimer – hide in terms and conditions
Please note: Colors may vary slightly when going from the digital medium (i.e. submitted customers' design) to the actual physical product that is produced. Please be assured, we will do anything we can to match the colors of our customers' products to the colors in their designs.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ONTHEBALLBOWLING.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OTB BOWLING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Amendment of the Terms
We reserve the right to amend these Terms from time to time at OnTheBallBowling.com's sole and absolute discretion. If you continue to use the Website and the services offered therein after any such changes, you will be deemed to have accepted those changes.
16. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. Any disputes arising under or in connection with these Terms shall be subject to the jurisdiction and venue of the state and federal courts located in Broadview, Illinois.
17. Credit Card Authorization Fee
Credit Card transactions incur a 3% fee that is paid by OnTheBallBowling.com. However, if you fail to enter a voucher or want to cancel your order, and OTB must credit your card the amount of the discount/order, we reserve the right to pass on this fee. You will receive credit for the discount/order less 3% of the total sales.
18. General Information
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. We may assign our rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
All items purchased through OnTheBallBowling.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to products purchased on our website, and supersede all other communications, written or oral, with regard to our products. [Notwithstanding the foregoing, the terms of the OnTheBall Bowling.com PC Postage Service Agreement shall apply to the OnTheBallBowling.com PC Postage software service.]
Last Updated May 17 2012