Terms and Conditions
Tetherball reserves the right to change the Terms under which the Site and the Services are offered in its sole discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site or the Services. All changes to the Terms are effective from the date posted. Unless otherwise amended these Terms shall apply to any modified version or upgrade of the Site or the Services.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Tetherball enables users, also referred to as “Members”, to opt in to mobile services via email, website, and/or their mobile phone for the purpose of becoming a member of CiCi’s Mobile Pizza Perks mobile marketing program. Users are responsible for obtaining access to the Services, and that access may involve third party fees, costs, or expenses (such as those incurred in association with Internet access, wireless telephone access, or other access and communication services fees). Msg&Data Rates May Apply. Please check your plan or call your telecommunications provider to be sure of all costs associated with the use of your mobile telephone. You can gain access to the Service by providing written consent to receive text message (“opting in”), by email, website or by texting PERKS to 474992 to receive CiCi’s Mobile Pizza Perks Promo Alerts. You may contact Tetherballl 877-763-8339 or firstname.lastname@example.org for more information.
When you opt-in to receive the Services, you will receive a confirmation text message on your mobile phone and must reply with your zip code to the confirmation text message to register or become a member for the Services. If you do not reply you’re your zip code, you may receive one reminder message that prompts you to reply with your zip code. If you do not reply with your zip code after this one reminder message, you will receive no more messages from the Services. Once you have opted in for the Services, you will receive 4-7 messages, announcements, offers, or coupons per month from CiCi’s Pizza. Your access to the Services may be restricted or limited based upon your telecommunications provider and service plan.
You may opt out of the service at any time by sending a text message of STOP to 474992 or by emailing your request to opt-out, along with your mobile phone number to email@example.com. You may send a text message of HELP to 474992 in the case that you need help regarding the Services. You may call Tetherball at 877-763-8339 for more information.
The CAN-SPAM act, state and federal Do-Not-Call registries, and the Telephone Consumer Protection Act of 1991 exist to prevent unsolicited telemarketing calls and the use of automatic dialing machines to call wireless devices, not to prevent such calls to persons who have requested to be contacted. Under Federal rules and those of most states, “safe harbors” exist to allow a consumer to expressly grant permission to be contacted even though they have registered their phone number with a state or federal Do-Not-Call registry. By accepting these Terms and submitting a query or request to Tetherball via voice, email, text, or internet, you expressly agree that we may send a text message to your wireless device or email via an SMS text message or email or WAP Push Message or MMS message. You are granting express written consent to receive our messages even if you are registered on a Do-Not-Call registry. You expressly agree that, as part of the Services provided by Tetherball, you may receive promotional communications, alerts, and third party advertising materials from Tetherball or the Company via text message.
Tetherball may utilize Location Based Services (LBS) which may associate a location with a mobile device. BY AGREEING TO THESE TERMS, YOU CONSENT TO USE OF LBS INFORMATION BY TETHERBALL. You may elect to discontinue the use of LBS information by Tetherball by calling Tetherball at 877-763-8339. If you choose to cancel access to LBS by the Services, service quality may be affected.
Although Tetherball hopes you will find the information that you obtain via the Site or the Services to be useful, Tetherball does not guarantee that the information will (a) be accurate or complete, (b) include all of the information available relating to an offer or coupon. Tetherball is not legally responsible for any content provided by clients, merchants or service providers. You may report any concerns to Tetherball by use of the Contact link provided herein, as well as the Contact link located on the Tetherball homepage. For your protection and to help Tetherball improve the Site and the Services, your use of the Site and the Services, including any communication by, with or to Tetherball, may be recorded.
By using the Site and the Services, you consent to such recording. The Site and the Services are provided on an “as-is” basis and should not be relied upon for any purposes whatsoever. No commercial use or use that could be construed as commercial use is permitted without the express written consent of Tetherball. Any rights not expressly granted under these Terms are reserved by Tetherball. Tetherball grants you a personal, nonexclusive ability to use the Site and the Services only as authorized in these Terms. You may use the Site and the Services only for legal and appropriate uses. Tetherball reserves the right to make changes to the Site and the Services at any time and without notice. Your access to the Site and the Services is completely at the discretion of Tetherball, and your access to the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or no reason.
You are responsible for compliance with all laws at all times. Traffic conditions and traffic laws must be observed and respected at all times, and take precedence over any directions, instructions or other information received using the Site or the Services. You acknowledge that you are responsible for controlling your vehicle and that you must exercise proper control of your vehicle at all times. You expressly agree that Tetherball shall have no liability for any adverse effects resulting from your violation of this provision, including but not limited to collisions or traffic law violations. In many jurisdictions, operating, handling, adjusting or viewing a mobile device while in an aircraft or while operating a vehicle is an offense. You agree to follow all applicable laws while using the Services. When you visit the Site, use the Services, or contact Tetherball by other means, you consent to receive communications from the Service Providers. The Service Providers may contact you electronically or by other means they choose, and they may contact you at any place that they may locate you. You agree that all agreements, notices, disclosures, and other communications that the Service Providers provide to you via text message, email, or other form of electronic communication shall satisfy any legal requirement that such communications be in writing.
The Service Providers are not responsible for any communications which are lost or misdirected. Your mobile phone number and communications may be intercepted by third parties without your or the Service Providers’ knowledge or permission. The Service Providers are not responsible for information sent using text, voice, or other communication services. In connection with your use of the Site or the Services, you may be required to register with Tetherball by providing certain personally identifiable information about yourself, including your name, email address and mobile telephone number. Tetherball reserves the right to take any and all action it deems necessary to ensure the integrity of the Site, the Services and your account, including but not limited to terminating your account or requesting additional information in order to access your account. In no event and under no circumstances will the Service Providers be held liable to you for any liability or damages resulting or arising from any action or inaction of the Service Providers under this provision, any compromise of the confidentiality of your account, and any unauthorized access to your account . Any unauthorized use of the Site or the Services will terminate any permission or license granted under these Terms and may violate applicable law and statutes including trademark laws, copyright laws, and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law. Unless you have prior written consent from an authorized representative of Tetherball, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Site or the Services.
Tetherball or the Company is the owner or licensee of all copyrights in and to the content, designs, information, text, software, HTML code, data, images and materials displayed on, or used in connection with, the Site and the Services (”Content”). By making any Content or Work Product available through the Site or the Services, neither Tetherball nor the Company grants any license or other authorization to copy, use, reproduce, perform, display, or distribute its copyrightable material, or other intellectual property, except as provided herein. For purpose of clarification but not limitation, you may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Content, unless you first obtain the written permission of Tetherball or the Company. If you make use of any Content other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws. Other than Content, neither the Tetherball nor the Company claim ownership of any other correspondence, materials, and information that you submit using the Services (”Your Materials”). Nevertheless, you automatically grant to Tetherball an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, adapt, modify, translate, publish, perform, display, distribute, make available, and store Your Materials, and to prepare derivative works based on Your Materials. Additionally, you agree that Tetherball may sublicense and/or assign its rights in Your Materials. No compensation will be paid with respect to this use of Your Materials. You also grant Tetherball the right to use your name in connection with Your Materials, for testimonial and similar purposes. Tetherball is under no obligation to post or use any of Your Materials, is under no obligation to maintain Your Materials and may remove Your Materials at any time in Tetherball’s sole discretion. You agree that you shall have no recourse against Tetherball for any alleged or actual infringement of any proprietary rights in Your Materials, and that the submission of such materials to Tetherball, irrevocably waives any and all “moral rights” in Your Materials including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all rights to Your Materials, and that the content is accurate, will not cause harm to any person or entity, that the use of Your Materials does not violate these Terms, and that you indemnify Tetherball for all claims resulting from Your Materials.
The Site and the Services may contain advertisements, promotions, and links to external websites. Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Site and the Services are solely between you and such parties. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that Tetherball is not responsible or liable for any loss or damage incurred as the result of any such dealings. Tetherball does not endorse, and is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Tetherball is not responsible for the privacy practices or the content of other websites. For your protection, please refer to the terms of service and privacy policies of the respective websites. You acknowledge, understand and agree that Tetherball 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 such other websites. Tetherball shall not be liable for any errors or delays in the content, goods or services available on such other websites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TETHERBALL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS. ANY INFORMATION PROVIDED BY OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND NEITHER TETHERBALL, THE COMPANY NOR ANY MERCHANT GUARANTEES, REPRESENTS, OR WARRANTS THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. TETHERBALL DOES NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, SERVICE OR SERVICE PROVIDER MENTIONED IN ANY OFFER OR TEXT MESSAGE. TETHERBALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF TETHERBALL’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Limitation of Liability: YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET, THE SERVICES OR OTHERWISE, IS NEVER COMPLETELY SECURE. NEITHER TETHERBALL, NOR ANY OF TETHERBALL’S CLIENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “TETHERBALL ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF TETHERBALL OR A TETHERBALL ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH TETHERBALL OR ANY TETHERBALL ASSOCIATE IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT TETHERBALL’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED FIVE DOLLARS ($5.00). THE SITE AND THE SERVICES ARE CONTROLLED, OPERATED AND ADMINISTERED BY TETHERBALL FROM ITS OFFICES WITHIN THE UNITED STATES. TETHERBALL MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE OR THE SERVVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND TETHERBALL ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TETHERBALL AND THE TETHERBALL ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE AND THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN TETHERBALL AND YOU.
Dispute Resolution: These Terms and the relationship between you and Tetherball shall be governed by the laws of the State of Indiana, without regard to any conflict of law or choice of law provisions of any state to the contrary. You agree that any action arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Indianapolis, Indiana, in accordance with the commercial rules of arbitration of the American Arbitration Association then in effect, except that, to the extent you have in any manner violated or threatened to violate Tetherball’s intellectual property rights or your obligations with respect to Tetherball’s confidential information, Tetherball may file an action seeking injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to the personal jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the courts located within Marion County or Hamilton County, Indiana, in the event of any such dispute, and waive any future right to object to this designation of jurisdiction and venue. The arbitrator’s award shall be final, binding and conclusive upon the parties to these Terms, except that such decision may be appealed pursuant to the Federal Arbitration Act or similar applicable state statute. Such decision shall be written and shall be supported by written findings of fact and conclusions which shall set forth the award, judgment, decree or order awarded by the arbitrator and may be entered as a judgment in any court of competent jurisdiction. In rendering a decision, the arbitrator shall follow the laws of the State of Indiana, and shall not use equitable or other principles which would permit the arbitrator to ignore these Terms or the law. Any award by the arbitrator shall be subject to all dollar and other limitations set forth in these Terms. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be brought within one (1) year after such claim or cause of action accrues or be forever barred.
Miscellaneous: The failure of Tetherball to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a joint venture, agency, employment, or other business relationship between you and Tetherball. You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. Tetherball shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein, represent the entire understanding between you and Tetherball regarding your relationship with Tetherball and your use of the Site and the Services. These Terms shall not be construed against any party by reason of their preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and Tetherball with respect to such subject matter. Where Tetherball has provided you with a translation of an English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Tetherball. If there is any contradiction between what the English language version of the Terms say and what a translation says, the English language version shall take precedence. Notwithstanding any provisions of these Terms, Tetherball has available all remedies at law or equity to enforce these Terms.
Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Spring, Nextel, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, CellularOne of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
This Policy was last modified on January 7, 2013.
Collection of Information
Use of Information
We use your Personal Information for the following purposes: for use in connection with the Mobile Program; to administer your account; to administer and improve the Site and related services; to provide Internet security; and to meet legal requirements. We may work with our business partners who may perform certain functions on our behalf, such as sending email messages, managing data or hosting the Site. These business partners have access to your Personal Information only to the extent necessary to perform these specific functions and may not use it for any other purpose. Other than for the specific purposes set forth in this Policy, we will not disclose your Personal Information unless we obtain your prior consent or are legally required to do so. We may use third party advertising companies to place ads on the Site and to place our ads on other web sites. These companies may use Anonymous Information about your visits to this and other web sites to provide advertisements on the Site and other sites about goods and services that may be of interest to you. If the Company is involved in the sale of a substantial portion of its business assets, Anonymous or Personal Information maybe among the transferred assets.
Retention and Modification of Information
We retain Personal Information for as long as the information is relevant to our business purposes or until you request that we remove the data by contacting us at firstname.lastname@example.org. If you wish to update your Personal Information provided to us, please visit TETHERBALL360.COM and ask to have data removed through the feedback button.
When you send an email to us, you are communicating with Company electronically. You thereby consent to receive communications from Company electronically. Company will communicate with you by email or by posting notices on the Site. All agreements, notices, disclosures and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
SMS Text Communications
When you opt in to a Mobile Program by providing written consent (via email, web page, text messaging, etc), you are agreeing to receive additional SMS text messages pursuant to the terms and conditions of that Mobile Program. You thereby consent to receive communications from Company electronically. All agreements, notices, disclosures and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
Privacy of Children
We encourage parents and guardians to be aware of and participate in their children's online activities. We strictly adhere to the Children's Online Privacy Protection Act and will not knowingly collect, use or disclose Personal Information from any child under the age of 13 in any manner that violates this law.
Your Opportunity to Opt-out of Email Advertising
In the event you do not wish to receive promotional email from us, follow the opt-out instructions contained within the body of any email message you receive.
Your Opportunity to Opt-out of SMS Text Advertising
In the event you do not wish to receive SMS text messages from us, you may text STOP to the Mobile Programs short code to opt-out of the program. When you opt-out of the program, you will receive one confirmation SMS text message.
When you visit the Site, we may passively collect certain information without your prior consent. Such information (collected in standard web server logs) may include your IP address, browser type, and web access times. Such passively collected information is used in standard web traffic analysis, in conjunction with demographic/aggregate analysis of collected user records.
We do not extract Personal Information during this process. Currently, we use both session and persistent cookies. Session cookies are used to maintain tracking of a user through an application and expire at the end of a web page visit. Persistent cookies do not expire at the end of the session. Persistent cookies are stored on your hard drive and read by your browser each time you visit the Site. Such cookies contain only a numeric session identifier. We use such information in the aggregate to understand which services and resources our visitors prefer and how those services and resources are used. We may share aggregate demographic/statistical information with third parties.
With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions. If you reject cookies, functionality of the Site may be limited, and you may not be able to take advantage of many of the Site's features.
The Site may contain links to other sites on the Internet that are owned and operated by third parties. We are not responsible for the collection or use of your Personal or Anonymous Information at any third party sites. Therefore, the Company disclaims any liability for any third party's use of your Personal or Anonymous Information obtained through using a third party web site.
We have policies and procedures in place to protect the privacy and confidentiality of your Personal Information that we collect and maintain. All Personal Information is stored on secured servers, behind a firewall at a data center with access to data strictly controlled. Any unauthorized use of the Site may result in criminal and/or civil prosecution.
Contacting The Company
If you have any questions or comments about this Policy, please contact us by email at email@example.com or by postal mail at 10333 N. Meridian Street, Suite 245 Indianapolis, Indiana 46290. Please provide a concise communication with complete information, including your contact information.