Spikeball App Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Spikeball mobile application (the "App") operated by Kankakee Spikeball, Inc. ("us", "we", or "our").

Your access to and use of our App, as well as any purchase that you make on the App, are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the App.

By accessing or using our App you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the App. Subject to you adhering to these Terms, we grant you a non-exclusive, non-transferable, revocable, limited right and license to access and use the App solely for your personal, non-commercial use in accordance with these Terms.

Communications

By creating an Account on our App, you agree to subscribe and receive our newsletters, marketing materials, promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or through another appropriate opt-out mechanism.

Content

Our App allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the App, including its legality, reliability, and appropriateness.

By posting Content on or through the App, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright, trademark or other intellectual property rights.

You retain any and all of your rights to any Content you submit, post or display on or through the App and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the App.

However, by posting Content using the App you grant us a non-exclusive, sublicensable, irrevocable, royalty-free license to use, reproduce, exhibit, stream, transmit, synchronize, publicly display and/or otherwise exploit and distribute the Content (or portions thereof) on the App, an unlimited number of times, throughout the world and for an indefinite period of time. You agree that this license includes the right for us to make your Content available to other users of the App, who may also use your Content subject to these Terms.

Kankakee Spikeball, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content that you found, but did not post, on or through this App is the property of Kankakee Spikeball, Inc., or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the App.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our App or a third-party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Refunds

All returns and refunds shall be governed by our Return Policy.

Stock

Most of our items are in stock and ready to ship. If items become delayed or backordered, we will call you or send you an email.

Dimensions

All dimensions have been rounded up to the nearest inch.

Finish Variations

Finish characteristics may vary slightly.

Invoicing

All invoicing is pro forma (payment due in full prior to shipping from Kankakee Spikeball Inc.). All prices are F.O.B. Kankakee Spikeball Inc and are subject to change without notice.

Inspection

Please inspect all goods at the time of delivery and only accept merchandise received in good condition. If you decide to accept delivery of merchandise that may appear to be damaged, please make note that the items were received damaged. Should this happen, please notify Kankakee Spikeball Inc. immediately and be certain to retain all original packaging.

Intellectual Property

The App and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kankakee Spikeball, Inc. and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kankakee Spikeball, Inc.

Copyright Notices

We respect the intellectual property rights of others and requests that users of our App do the same. If you believe that any content on any of our App violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide us with notice of the alleged infringement.

Use Limitations

You shall not:

• reproduce, distribute, or publicly display the App;
• adapt, alter, modify, reverse engineer, disassemble, or decompile the App;
• prepare derivative works based on the App;
• attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
• interfere with any access control measures or attempt to disable or circumvent such security features;
• post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind;
• submit or post any false or misleading information; and/or
• violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of Spikeball, its licensors, or any other person or entity related to the App.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the App, users, us, our brand, our business partners and licensors, or any other person or entity.

Links To Other Web Sites

Our App may contain links to third party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites or their merchantability.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, including for, but not limited to, a breach of these Terms, if you use the App for harassment, and/or any other inappropriate, unauthorized or unintended use of the App.

If you wish to terminate your account, you may simply discontinue using the App.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless us and our licensee and licensors, our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the App.

Limitation Of Liability

In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the App is at your sole risk. All products purchased through the App are subject to the limited lifetime warranty described HERE. All Spikeball™ sets purchased directly from Spikeball™ or a Spikeball authorized seller come with a one-year satisfaction guarantee.

To read the full satisfaction guarantee, click HERE.

The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Kankakee Spikeball, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.

If you download the App through the Apple App Store, Google Play or other app store or distribution platform ("App Provider"), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the App, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Loyalty Points

Any loyalty program points or similar rewards offered through the App are not redeemable for cash. We reserve the right to devalue or discontinue acceptance of such points or incentives at any time. Your use of loyalty program points or similar rewards may be subject to additional terms and conditions as provided through the App.

California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a complaint regarding the App that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions. All disputes either arising out of or relating to these Terms and the transactions contemplated hereby are to be held in the state and federal courts of Chicago, Illinois.

YOU HEREBY AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO, AND AFFECTING, YOU ALONE. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL, OR ON BEHALF OF THE GENERAL PUBLIC.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have had between us regarding the App.

Claims

Claims for damages, shortages or nonconforming goods must be filed with Kankakee Spikeball Inc. within seven (7) days after shipping.

The purchaser waives any right to set off or hold back amounts paid or due hereunder against any other amounts owed for other merchandise purchased from Kankakee Spikeball Inc.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect.

By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

Contact Us

If you have any questions about these Terms, please contact us.

[035152.0001/1716306/1] Updated: 08-01-2025