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We are located in Austin, Texas USA.
Our call center hours are:
11:00 AM - 3:00 PM Central Time, Monday-Friday
Please note that during the busy times of the year, it may take a few times to get through during business hours. We do not have an ability to support the monitoring of voice messages. Each call is important to us, but if we are unable to answer when you call - please contact us via email - we will answer your emails quickly, seven days per week.
Call Center: 1 (800) 714-3951
This email address is monitored 7 days per week.
If you do not receive a response within 24 hours, and have filled out the contact form – send us another message, as you may have inputted your email address incorrectly - this happens frequently! Also, with mail.com or .de email addresses, we might be receiving bounce-backs with our responses to you, so contact us on Facebook if you haven't heard from us.
TERMS AND CONDITIONS OF THE USE OF THIS SITE AND THE GAMES
LAST UPDATED 09/22/20
In respect and trade of the mutual agreements of the parties contained herein and the mutual benefits to be received under this agreement, the parties agree to the following components of the Agreement.
You agree you have read, comprehend, and are willing to be bound by this Agreement whether you are perusing the Site, or gaining access to the Games as a Licensee. Gaining access to the site and/or becoming a "Licensee" by purchasing a license to a game are mutually termed “User.”
By using the Site you are consenting to have your personal data transferred to and processed in the United States.
Nothing in this Agreement shall be deemed to authorize you to access or use any Game unless and until you become a Licensee and purchase all relevant License Fees.
Future Modifications to this Agreement.
Modifications to this Agreement (including the Policies) can occur at any time without us posting further warning. Such modifications will become effective upon the modification being posted on the Site. The date the Agreement was last revised is posted on this page. If you do not agree to abide by these or any future editions of the Agreement, refrain from using or accessing the Site or Games. It is your duty to check the Site frequently to verify if there have been changes to the Agreement. It is your responsibility to review and consider all changes.
Upon purchase, you are licensing the game from MyMysteryParty.com for up to one year after purchase. The single-use game, upon purchase, will be available to you for up to one year after purchase. If, for any reason, your party was canceled and needs to be rescheduled beyond that year, be sure to download the materials within the year to ensure you have the game. Once you have played the game within the year after purchase, your license automatically terminates.
All content included on MyMysteryParty.com (hereby called the Site) and the games, including but not limited to text, instructions, game and associated graphics, logos, format, design, code and source code, multimedia content (including but not limited to images/illustrations, audio, and video files), and all code within the Site or on the associated site at www.YourMysteryParty.com and including all other work and IP (intellectual property) of any kind (patentable, copyrightable or no) is the property of MyMysteryParty.com and is under protection by US and international copyright laws with All Rights Reserved.
The trademark My Mystery Party and associated materials (i.e. including but not limited to logos) are exclusively owned by MyMysteryParty.com. Other trademarks, logos, labels, product names and appearing in the games and associated products and on the Site that are not owned by MyMysteryParty.com or its subsidiaries, are the property of their respective owners.
You agree not to copy, post, transmit, or use in any manner, any MyMysteryParty.com materials, logos, product names, game materials, or other associated materials without MyMysteryParty.com's prior written permission.
You are forbidden to remove/alter, or cause to be removed or altered (i.e. by cutting off the bottom portion of our materials with the copyright notice), any copyright or any other materials belonging to MyMysteryParty.com. If MyMysteryParty.com finds that you have intentionally hidden or removed the copyright information, all active licenses will be voided without delay. We do not allow live-streaming or recording of the game material in any form.
Game Licenses and Access to the Site
Contingent upon your agreement and compliance with all the terms and conditions of this Agreement, MyMysteryParty.com will bestow upon you a non-transferable, private, revocable, and non-exclusive single-use license to access the Site and (if you are a Licensee) access and use any Game(s) within one calendar year after purchase of the License Fee for (posted price of the license of the game), subject to the following terms and conditions:
• You do not permit a third party to replicate (copy), alter (modify), produce a derivative piece of work from, or attempt to copy any portion of the Site or the Games; and
• You accept and comply with every term and condition of this Agreement.
Except as otherwise precisely permitted herein, this license specifically forbids any resale of any portion of the Site or Games and any derivative use of the Site or the Games. Neither the Site nor the Games nor any portion thereof may be reproduced, copied, sold, resold, duplicated, accessed or otherwise made use of without written consent from MyMysteryParty.com.
The Site and Games are protected by all applicable federal and international intellectual property laws. No portion of the Site or Games may be reprinted, republished, duplicated, copied, modified or distributed in any form without MyMysteryParty.com’s express written permission. You agree not to transmit, copy, reverse engineer, or modify any portion of the Site or Games.
You recognize, accept and understand that MyMysteryParty.com reserves and retains exclusive ownership of the Site and Games and all intellectual property rights associated therein. Except as expressly provided herein, you are not granted any right or license to copyrights, patents, proprietary information, or trademarks with respect to the Site or Games, and MyMysteryParty.com reserves all rights not expressly granted hereunder. You shall hastily notify MyMysteryParty.com in writing upon your discovery of any copyright infringement or unauthorized use or access of the Site or Games or MyMysteryParty.com's copyrights or other intellectual property rights. The Site and Games contain proprietary and confidential data which is under protection by applicable law.
Any and all violations of this Agreement could result in a civil or criminal liability. We retain the right to examine incidences which may involve such infringements. MyMysteryParty.com will assist and work with all branches of law enforcement authorities regarding civil and criminal liabilities.
Commercial / Multi-Use licenses:
Commercial licenses shall be purchased from mymysteryparty.com by the User/Buyer/Licensee on Record in the event this game is intended to be utilized for profit and/or for multiple events in private, commercial and/or public settings. The commercial licenses are good for a three-year period for face-to-face (in-person) hosted games. Virtual-use is a separate license and expires yearly. This includes but is not limited to freelance event planners, fundraising for non-501C organizations, party décor companies, wineries, breweries, restaurants, bed & breakfast facilities, hotels, castles, manors, museums, libraries etc. You must have a commercial license if you are promoting the event online &/or collecting a fee for entry/admission to an event where the game will be performed or played - even if profit is not expected. If you're hosting a fundraiser for a 501(c) organization - provide us with your federal ID along with the order in the comment field, and we will waive the license fee up to three times per year, but not during the months of September-January. You are not allowed to use our game materials - including promotional materials - for paid advertising/marketing campaigns. You are not allowed to advertise under the same keywords as MyMysteryParty.com with our Games, Logo, etc. Omission/hiding/removal of the evidence of MyMysteryParty.com copyright will void the license. Failure to include a link to www.mymysteryparty.com and statement that it is a My Mystery Party game in all promotional materials will void the license.
A commercial license is not valid unless a game is purchased with the standard license, or a previous order number is provided with the purchase of the license. A beta test license that has been issued a store credit is not an active, standard license. If an order number is not provided at the time of purchase, the license will revert to the last game purchased by the licensee. No exceptions. The license cannot be transferred once applied to a Game and User. If no games have been purchased by the User, the commercial license will not be valid until a game is purchased, and the license will be applied to the purchased game license. The Buyer of the standard game license and commercial license must be the same licensee and must be visually present during all events. There are no exceptions. You cannot hold a commercial license for a different User.
Virtual-use game licenses are separate from in-person games as described above and will expire after a one-year period. If you plan to host a game both virtual and face-to-face, you will need a separate license for each venue (face-to-face and virtual). Please see the commercial use section for more details about both licenses. Fundraising for 501(c) organizations for virtual games will have a commercial license waived for up to three events per year, and the Buyer must be present (digitally) on the video chat platform each time it is hosted. Fundraising waivers for virtual games will not be given September through January.
We do not allow live-streaming or recording of the game material in any form.
Violations of Copyright/Plagiarism and Posting Game Content:
You hereby agree not to post any portion of our game content (including but not limited to text, graphics, or photos of the victim &/or murderer/thief in the game) online or otherwise. If you breach this agreement, the Company may pursue legal action against you for the calculated loss of revenue of the Game including the loss of current Users requesting exchanges, loss of future sales at a 15% increase over the existing calendar year for 10 years, and billable hours of the author to create revisions to reinstate the value of the Game (which may be up to 80 hours of billable time at $40.00 per hour), editor's fees for the revised Game (which may be up to 10 hours of billable time at $40.00 per hour), in addition to all associated legal fees in pursuing the settlement.
All graphics associated with this game are protected under copyright laws and remain the property of My Mystery Party. You do not have the right to use these graphics for personal gain in any manner. As stated above, our games are purchased for a single event and you may not transfer this game to another person (i.e. email it to a friend, etc.). By doing so, you are in violation of federal Copyright laws and both parties are subject to legal consequences. You agree to be charged the license fee, the cost of the game, the cost of our staff locating the violation, and any damages that are incurred due to your illegal use of the game. You are not allowed to share your contact information (i.e. login ID, password) with anyone. Only the Licensee is allowed access to your account on the MyMysteryParty website. Sharing your login information with another end-user will result in a voided game license. There are no exceptions. If you have a co-host, they are only to access the materials in the User's presence.
Posting our game or any portion of our published game on any online site (i.e. social media, blogs, etc.) is a violation of copyright, and damages will be assessed based upon the loss of sales for the time period the game/portion of the game was online. Even if you delete your post, screenshots are always available of any online site from any past date - deleting a post will not erase the violation. An example of this would be posting a spoiler, such as a person wearing a victim sign, the reading of the text of the solution round cards on a video, etc. This prevents future hosts (our customers) from wanting to host the game, as spoilers are available online for their guests. This creates a calculated loss of business. You will asked to pay for the calculated loss of sales upon discovery of the violation. It is the User's responsibility to notify the players of the game of the policy.
Removing our copyright line &/or reproducing our materials, &/or claiming you are the author of the game in any manner is a violation of copyright and will be considered an act of plagiarism. These games are non-editable. Re-typing the material and presenting it as your own is an act of plagiarism. Albeit, plagiarism is not a criminal offense, it infringes upon the author's intellectual property and the act may land you in federal court.
If you did not purchase your game from MyMysteryParty.com, please contact us immediately at 1-800-714-3951 and/or firstname.lastname@example.org. You do not want to be a part of software piracy, as infringements on both sides of an illegal transaction can face legal ramifications. Only licensed Users of our games who have purchased from MyMysteryParty.com will receive customer support. Therefore, you must provide your order number for customer support via email or phone. If a person other than the licensed User contacts us for support &/or to retrieve game materials from an order - we have the right to void the license, even if during the year after purchase, as the User is not allowed to share any order or login information with an unlicensed person. This includes your order number, login ID, password, or other identifying information of your order.
For example, if you illegally share your login &/or order information to transfer the game license to a friend/colleague/family member and we find out about it (i.e. they contact us for help, etc., post about it on social media, etc.) - we will void your license.
When new games are developed, My Mystery Party might, on occasion, offer a public beta test version of the game, which is a version of the game that is under development. The following text will be posted on the game page:
How the beta test works. Pay the reduced price for a beta test group of $29.95. When you host the game, make note of anything that could improve your experience with the game. Within 7 days, contact us for the link to the survey and answer all of the questions. Within 48 hours, if the survey was completed in full, you will receive a store credit on your account for the full price of the game ($29.95) that can be used toward anything in our store, and will not expire. Please note that this is the beta-test license for the game and is not the same as the standard license. This license will inactivate after the test period.
If you agree to be part of the beta group by purchasing the beta license within the beta period, you are agreeing to test the game and provide My Mystery Party with critical feedback via a private survey within the posted 7-day beta test period for a store credit on your account that can be used on anything at MyMysteryParty.com.
You are also agreeing not to post anything about the game online, including critical reviews of the game in any capacity, as any negative experiences you might have had with the game will likely be remedied when the game is published. If you leave a critical review of a game that is in the beta test period and under development, you will no longer be eligible to beta test future games with My Mystery Party. We want our reviews to be valid and helpful to future hosts of the published game, and not divulge issues that were included in the developing game, as those issues would have been revised/remedied.
If you complete all questions on the survey within the beta test period, you will be issued a store credit on your account at MyMysteryParty.com for the beta license price. At this time, the beta license will expire. If you later want to use the game, you'd need to purchase the standard license fee. The beta license fee will not count toward a commercial license. If you do not complete the survey within the 7-day period, you will not be eligible for the store credit. There are no exceptions to this. If you had a beta test license, and did not complete the survey, so you didn't receive the store credit, you would need to pay the difference in price between the beta test license fee and the standard fee if you wish to have a commercial license (either purchased outright or via a 501(c) waiver.)
Private groups might become available for certain games. If you are asked to be a member of the private group, you will be issued the test version of the game on your account at no charge - if you agree to host the game within seven days. Therefore, you will have a 7-day period to give feedback by completing a survey about your experience. If you fail to provide us with feedback in the 7-day period, you will be removed from the private group and the game removed from your account. If you wish to host the game again, as part of the beta test if a revised version becomes available, you can do so. Please give us updated feedback on the revisions. Once feedback has been given and the beta test period is over, the game will be removed from your account.
REFUNDS, RETURNS, CANCELLATIONS:
All of our parties have a satisfaction guarantee.
DOWNLOADABLE GAME LICENSES: if you are not happy with your game (or scavenger hunt) for any reason, we will (in most cases) within thirty days transfer the game license with another one of equal value (i.e. provide you with the license for another equivalent product for free by adding the file to your purchase) as long as you, the User, have not previously taken advantage of this 'exchange' policy, and it is not more than thirty days after purchase of the game license. The original license will be voided, removed from your account, and license transferred to the new game. If you have already been granted a free game license, please be careful to select an appropriate game in the future, because we will not give you another game license as an exchange. Please view the sample game materials, ask us questions via email, study the character list(s), and watch the game trailer to ensure this is the correct game for your group. We trust this will help you make an informed purchase you will be happy with. Buying the game license to determine if it fits your needs is not acceptable.
We offer instant downloads upon purchase. This is very convenient for you, as there is no waiting to get your game. However, because our games are instantly available upon purchase, we have no way to determine whether or not you have saved the file that was instantly available to you. Due to the nature of digital products, there is no way for us to prevent a customer from using a kit after it has been made available upon purchase. Therefore, we cannot give refunds on our electronic products. For these reasons, there are no exceptions and we will not offer refunds for our games. All sales are final.
If you have any questions about the game (i.e. why is the teen game rated 14+, etc.), please do not hesitate to contact us via email or during our call center hours. Again, please note: there is only one exchange allowed per customer for a lifetime and any customer receiving a free game license in 'exchange' is asked to call in all future orders from My Mystery Party, as we want to be sure that you are selecting an appropriate party for your group since no future free game licenses (i.e. exchanges) are allowed. When you receive a free game license in exchange for a purchased game license, the license is transferred to the new game and the original license is void. You will no longer have the license to host the original game.
We reserve the right to refuse service to any customer who attempts to abuse our 'exchange' policies. We are aware of internet scams and will legally pursue customers attempting charge-back fraud to obtain free merchandise. Again, we will do anything in our power to make you happy - we survive with great referrals!
Note: The Harrison House, Last Will & Testament of Roland Kingsley, Plaza Ritz Hotel, or Stratford Castle games will not qualify as an even exchange for any other mystery party game due to the size and cost of the game. However, if you wish to exchange your game to one of these, we will give you a credit on your account for the price of the game you are exchanging, and you must pay the difference.
If you need to re-download the game file at any time within the year after purchase of the license, click on the 'download files' link in your emailed invoice or log into your account on the Site. Also, you can contact us via email and we will be happy to send your game to you within 24 hours &/or resend your invoice.
If you are unhappy with the original purchase and do not wait for us to add your 'exchange' to your account and you purchase a second game license, we cannot refund the first game. Both game licenses will remain active, and your free exchange in the future will still be available to you. Therefore, if you are in need of your one exchange, be sure to wait for us to give your free game license (i.e. exchange/game license transfer) before purchasing the replacement game.
FOR PARTY READY PACKS: We cannot refund party ready packs (or boxed sets of scavenger hunts) for any reason, as these are custom prepared for you upon purchase. We do not keep a stock of prepared kits, as there are too many games with options that you can customize our parties with (i.e. expansion packs, add-ons, etc.). Also, some kits are seasonal, and our games are updated frequently. Preparing the game kits are labor intensive, and there is no way to refund labor costs.
Once the tracking posts that you have received the game, you have a 5-day period to notify us of any issues with your received package. Beyond that period, we will not be responsible for any issues that have arisen with your order. We are not responsible for materials lost during the hosting of the game and will not offer replacement materials (i.e. clue cards, reports, etc.), as you have purchased a single-use game license.
If you have a commercial license, we will issue electronic replacements for your game pieces.
Please contact our sales support at 1-800-714-3951 or via email at email@example.com for more information about your selected party prior to ordering a party ready pack. Prior to purchase, carefully review the sample game materials, the character lists, product details (that will disclose any inappropriate content) and the mystery synopsis. Contact the staff to ask any questions about content you might be trying to avoid - they are there to answer all questions you have prior to purchase.
*We are not responsible for lost packages due to an incorrect address input into the system during checkout. In the event this occurs, you will need to contact the shipping company directly (UPS, FEDEx, etc.) to retrieve the package with the tracking number we provide you. Do not put a PO Box address for UPS shipped purchases, as the UPS doesn’t deliver to PO Boxes. If you do this, you’ll be responsible to contact UPS to update your address.
If you send back a package to us without a return authorization, you will not receive a refund, and will need to pay a shipping fee to have the kit returned to you.
FOR MYSTERY PROPS: If the materials are returned to us in the exact condition in which they were shipped, we will issue a refund or exchange. In the event of an exchange, you will need to ship us the item at your cost and pay for return shipping.
For refunds, we do not refund any shipping charges and there will be a 15% restocking fee assessed on all returned materials. If the materials are not in the exact manner in which they were shipped (i.e. crime scene tape is torn/weathered, victim shirt has been worn, it is covered in hay that has seeped into the packaging, etc.) we will not issue a refund, and you will need to pay shipping fees if you wish to have these damaged items returned to you. There are no exchanges or refunds on victim face paint or worn items due to hygienic issues.
FRAUDULENT CHARGE REVERSALS: Cardholders may exploit loopholes in the chargeback process, using an illegitimate chargeback to steal from the merchant. Cyber shoplifting, otherwise known as friendly fraud or illegitimately filed chargebacks, is a growing concern for ecommerce retailers, amounting to losses of $16 billion a year and counting. Cyber shoplifting is growing at a rapid rate of ~41% a year. Another alarming statistic is that consumers who successfully file an illegitimate chargeback will do so again within the next 60 days. These shocking statistics reflect how quickly the issue of cyber shoplifting is growing and how important it is that all online merchants take action to prevent themselves from being a victim of this fraud. Because of this, we take fraud very seriously.
Purchasing a downloadable game (or tangible item) and then filing for a chargeback on your credit card to circumvent our return policy and receive a refund is illegal. For your protection and the integrity of our credit processing system - all charge reversals may be immediately investigated by our legal team and the local law enforcement based upon the IP Address used during the purchase. All fraudulent charges may be reported to the card-issuing bank with evidence of purchase, download &/or tracking as well as any email correspondence. We also may report the fraud to the district attorney of the respective location in which the User is located as determined by the IP Address. For the protection of internet merchants, any User that is found reporting a false charge reversal for any reason may be prosecuted to the full extent of the law and may be reported to all abusive/bad customer databases and governing agencies. If you file too many fraudulent charge disputes, you may be dropped from your bank.
Regardless of the ruling of the chargeback, filing a chargeback against My Mystery Party will void and nullify all previous, current, and future game licenses for the User filing the chargeback, and discontinue all methods of customer service support including but not limited to the call center and email support. Communications will be executed through the bank in which the dispute was filed. Also, since this is a breach in the agreement of the Terms and Conditions for all purchases made by the User of game licenses, the User who has filed a dispute against My Mystery Party will not be entitled to any refunds for any of the voided and nullified previous purchases of game licenses, even if it is still within the year after purchase.
In order to access the Game(s) you License, you will first create an account. To access the Game(s) you must also become a Licensee by paying the License Fee (the posted price of the License of the game). You may not use the account or License of any other person or entity, as the License is not transferable. Any attempts to use another person's account will result in that person's license or licenses being voided. The User listed on the account must be the End User of the Game. There are no exceptions.
In addition to the other terms, provisions, and conventions of this Agreement, you agree to the following:
• Provide correct information of your name and all contact information. This will serve as the registered data of the Licensee, and may not be transferred to another User.
•When your contact information changes, you must update your account with the correct information. However, you are forbidden to change your name, and thereby the User, unless it is a legal name change in the case of a legal marriage.
•You are not to share your order number or any identifying information for any active or inactive game licenses with anyone.
• You are solely responsible for the security of your password, and hereby your account, and for any actions that take place using your account.
You consent and authorize us to verify your account data as required for your use of and access to the Site and Games.
You hereby consent to notify us without delay of any and all instances of an unauthorized use of your account or any other breach of security you have been made aware of, as well. You recognize the complete privacy of your data transmitted while using or accessing the Site or Games cannot be guaranteed.
You hereby agree that your failure to accept any part of this Agreement or Policies, your willful provision of inaccurate or fallacious contact information shall be considered a material breach of this Agreement. If within ten (15) calendar days after MyMysteryParty.com provides notice (in an electronic form via email) to you of a material breach, if you fail to provide reasonable evidence to MyMysteryParty.com that you were not in a material breach of this Agreement, MyMysteryParty.com may terminate your account and prevent access to any and all Game(s) on your account. Any outstanding Licenses may also be revoked without further notice to you and without any duty to refund any/all License Fees paid to MyMysteryParty.com.
Our site is a BigCommerce store and the security and uptime of our store is their #1 priority. We protect our site and data with the same military-grade security and encryption that the big banks use.
We use Authorize.net as our payment gateway. With Authorize.Net, our customers can be confident their data is secure. We utilize industry-leading technologies and protocols, such as 128-bit Secure Sockets Layer (SSL) and we are compliant with a number of government and industry security initiatives.
MyMysteryParty.com will not be responsible nor held liable for events held by Licensees of our Games. We hereby do not represent that products and/or services available on or through the MyMysteryParty.com Site are appropriate for use during the COVID-19 pandemic. Before you host an in-person (face-to-face) Game, please check the CDC.gov website and adhere to all advisements and precautions.
The User hereby acknowledges the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
The User further acknowledges that MyMysteryParty.com has not put anything into place as preventative measures to reduce the spread of the Coronavirus/COVID-19.
The User hereby acknowledges that MyMysteryParty cannot guarantee that my attendees and me will not become infected with the Coronavirus/Covid-19. The User hereby understands that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of the User and others, including, but not limited to, party guests, hosts, caterers, DJ's and their families.
The User hereby acknowledges that there could be an increase of exposure to the Coronavirus/COVID-19 by hosting in-person (face-to-face) events.
The User and all of the attendees of the in-person (face-to-face) event must attest:
* That they are not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* They have not traveled internationally within the last 14 days.
* They have not traveled to a highly impacted area within the United States of America in the last 14 days.
* They do not believe they have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* They have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* They are currently following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
The User agrees to hold MyMysteryParty.com harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of MyMysteryParty and it's Games, or that may otherwise arise in any way in connection with any services or products received by MyMysteryParty. These Terms and Conditions discharges MyMysteryParty from any liability or claim that I, my heirs, or any personal representatives may have against the Company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from MyMysteryParty.com. This agreement and release extends to the Company together with all owners, partners, and employees.
Caution for International Use:
We hereby do not represent that products and/or services available on or through the MyMysteryParty.com Site are appropriate or obtainable outside of the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. Users outside of the United States will be held accountable to comply with local laws.
Games made available through the Site are further subject to United States export controls. We reserve the right to limit the availability of the Site and/or Games to any person, geographic area or jurisdiction, at any time and in our sole discretion.
By consenting to this Agreement, you acknowledge that MyMysteryParty.com is relying upon the following:You are at least 18 years of age and agree that MyMysteryParty.com trusts the representations, warranties and covenants you have created herein. You agree to and hereby do indemnify MyMysteryParty.com and hold MyMysteryParty.com harmless from any loss, expense (including but not limited to reasonable attorney fees/expenses), or damage caused by any claim, request, lawsuit, recovery, or settlement arising out of any breach/alleged breach of any of the representations, warranties or covenants made herein - or rising from any failure by you to accomplish any of the representations, warranties, or covenants you have made herein.
Limitation of Liability.
Neither MyMysteryParty.com nor any of our affiliates, licensors, suppliers, nor our or their staff members or other representatives (collectively “MyMysteryParty.com”), are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, personal injury, damages for loss of business, loss of data or lost profits), under any contract, negligence, warranty, strict liability or other theory arising out of or relating in any way to use or misuse of or reliance on the site or the games or any linked site, even if MyMysteryParty.com has been advised of the possibility of such damages, and in no event shall MyMysteryParty.com’s total cumulative liability under this agreement exceed the total fee, if any, paid by you to MyMysteryParty.com. Such limitation shall apply with respect to the performance or nonperformance of the site or any MyMysteryParty.com product or any information or merchandise that appears on, or is linked or related in any way to, the site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Provided, however, that to the extent permitted by applicable law you hereby waive the provisions of any state law limiting or prohibiting such exclusions or limitations.
Without limiting the foregoing, under no circumstances shall MyMysteryParty.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, epidemic, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
REVISIONS TO GAMES:
We routinely revise and update our products to keep them up to date with technology and content. We retain the right, without notice, to revise our games and thereby make past versions unavailable. If you have purchased a prior version and it is within the year after purchase, and you haven't hosted the game - if you wish to have the previous version you purchased, you may send us a request via email for the former version. You will, however, be able to download the most current version from your account. If it has been over a year since your purchase, you will not be able to obtain the game since the game licenses are only good for a year.
RETIREMENT OF GAMES:
We reserve the right to retire a game (and thereby remove from sale on MyMysteryParty.com) and the associated expansion packs at any time, without warning - even if you have a commercial license for the game. We will, however, provide the game and associated expansion packs via email per request if you provide us with the order number and it is within the year after purchase. We agree to keep the Your Mystery Party site and all associated materials active for the year after the game's retirement.
Your Acceptance of this Digital Contract
By viewing this agreement and continuing to browse our site and/or purchase a game license, you hereby agree that this Agreement has an identical legal obligation and weight as a written contract with a handwritten signature. You further agree to not challenge the legitimacy or the ability of MyMysteryParty.com to enforce this Agreement on the grounds that it was electronically authorized. This Agreement fulfills any laws, rules, and decrees that require a handwritten signature, including any appropriate statute of frauds. A printed version of this Agreement shall be accepted in judicial or administrative proceedings based upon or relating to the Agreement to the same degree and subject to the same terms and conditions as other legal documents and records originally created and stored in a printed form. You acknowledge that you have reviewed, understand, and have had the opportunity to print this Agreement.
This Agreement has been created in the USA, Austin, Texas. It shall be under control and governed by the laws of the State of Texas without regard to any applicable conflict of law provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Travis County, Austin, USA, and you, the User, hereby waive any and all forum objections.
This Agreement in its entirety shall not be construed as creating a partnership, a franchise relationship, a joint venture, or employment between the Parties, including but not limited to the purchase of commercial licenses. Nothing contained in this Agreement shall be construed to require the commission of any illegal act opposed by law.
In the case of MyMysteryParty.com material breach of this Agreement, no breach of this Agreement shall be deemed material unless you have given MyMysteryParty.com electronic notice of such breach. MyMysteryParty.com will have thirty calendar days to repair the material breach after receiving notice.
All notices of a material breach under this Agreement shall be in writing and transmitted via email to firstname.lastname@example.org.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MyMysteryParty.com Site or Games contained within must be filed within one year after such claim or cause of action arose or be forever barred.
California Users ( Regarding California Civil Code Section 1789.3) California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The provider of services is My Mystery Party at MyMysteryParty.com at 12600 Hill Country Blvd. Suite R-275 Austin, Texas 78738 at 800-714-3951. There is a charge for licensing the Games at MyMysteryParty.com. Charges are available by viewing the website at MyMysteryParty.com or by contacting My Mystery Party at the above address with attention: Customer Service.
You hereby agree to defend, indemnify and hold Company harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Games, and/or (c) the use of the Games by any other person using your account or License. Company may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.