Terms of Use
TERMS AND CONDITIONS OF THE USE OF THIS SITE AND THE GAMES
The Terms of Use Agreement, hereby referred to as the "Agreement," was created by and is binding between Mystery Party Kids (https://www.mysterypartykits.com) and you. The Agreement constitutes the terms and conditions of access and usage which oversee your use of the website at https://www.mysterypartykits.com, all sub-domains, associated websites. The Agreement also covers the games available for licensing at the Site (the “Games"). You and mysterypartykits.com are herein referred to as the “Parties” or “Party.”
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 and have read, comprehended, and 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 https://mysterypartykits.com and/or becoming a Licensee by purchasing a game are mutually termed “User.”
This Agreement also includes entering and/or using the website and/or Games - you are agreeing to be bound by the privacy policy found at https://mysterypartykits.com/pages/privacy-policy and all other notifications posted on the website (collectively, “Policies”). The Policies are combined herein and you agree to their terms. Review all Policies prior to pursuing the website at https://www.mysterypartykits.com.
By using https://www.mysterypartykits.com website you are consenting to have your personal data transferred to and processed in the United States/Canada.
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 Policies) can occur at any time without us posting a 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 https://www.mysterypartykits.com or Games. It is your responsibility to check and consider the website terms and conditions, policies and game terms frequently to verify if there have been changes to the Agreement.
Upon purchase, you are licensing the game from mysterypartykits.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.
All content included on https://mysterypartykits.com (hereby called the Site), 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 sites including all other work and IP (intellectual property) of any kind (patentable, copyrightable or no) provided by Mystery Party Kits are Copyright © 2019 of Mystery Party Kits (https://mysterypartykits.com). All rights reserved. No materials may be reproduced by any means, digital or mechanical, without express written consent from Mystery Party Kits.
The trademark Mystery Party Kits and associated materials (i.e. including but not limited to logos) are exclusively owned by mysterypartykits.com.
You agree not to copy, post, use in any manner, or reproduce by any means, digital or mechanical, materials, logos, product names, game materials, or other associated materials without express written consent and permission from Mystery Party Kits.
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 https://mysterypartykits.com.
Game Licenses and Access to the Site
Contingent upon your agreement and compliance with all the terms and conditions of this Agreement, https://mysterypartykits.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 website or Games and any derivative use of the Site or the Games. Neither the website nor the Games nor any portion thereof may be reproduced, copied, sold, resold, duplicated, accessed or otherwise made use of without written consent from mysterypartykits.com.
The website and Games are protected by all applicable federal and international intellectual property laws. No portion of the website or Games may be reprinted, republished, duplicated, copied, modified or distributed in any form without mysterypartykits.com’s express written permission. You agree not to transmit, copy, reverse engineer, or modify any portion of the website or games.
You recognize, accept and understand that mysterypartykits.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 website or games, and mysterypartykits.com reserves all rights not expressly granted hereunder. You shall hastily notify mysterypartykits.com in writing upon your discovery of any copyright infringement or unauthorized use or access of the website, games, copyrights or other intellectual property rights. The website and games contain proprietary and confidential data which is under protection by applicable law.
Any and all violations of this Agreement could result in civil or criminal liability. We retain the right to examine incidents which may involve such infringements.
Mystery Party Kits 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 mysterypartykits.com by the User in the event this game is intended to be utilized for profit and/or for multiple events in private, commercial and/or public settings. This includes but is not limited to freelance event planners, fundraising for non-501C organizations, party decor 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 501C - give us your federal ID along with the order in the comment field, and we will waive the license fee.
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, 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 35% 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 150 hours of billable time at $100.00 per hour), editor's fees for the revised Game (which may be up to 50 hours of billable time at $100.00 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 Mystery Party Kits. 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.
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 be asked to pay for the calculated loss of sales upon discovery of the violation.
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. Don't do it.
If you did not purchase your game from mysterypartykits.com, please contact us immediately at support@mysterypartykits.com. 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 mysterypartykits.com will receive customer support. Therefore, you must provide your order number for customer support via email.
Security
In order to receive the Game(s), you must first place an order and pay the fee. We will provide you with a Download link at the confirmation page once the order is placed, also an email backup link will be sent to your email. You are limited to 3 downloads per the calendar year, and the license/access to the game is valid for 1 year from the date the order was placed.
In addition to the other terms, provisions, and conventions of this Agreement, you agree to the following:
- Provide correct information on 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 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 website and Games.
You hereby consent to notify us without delay of any and all instances of 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 mysterypartykits.com provides notice (in an electronic form via email) to you of a material breach, if you fail to provide reasonable evidence to mysterypartykits.com that you were not in a material breach of this Agreement, mysterypartykits.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 mysterypartykits.com.
Site Security
Our site is a E-Commerce store and the security and uptime of the store is our #1 priority. We use Shopify.com as our payment provider service. We ensure they maintain commercially reasonable administrative, technical, physical and security procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access, accidental loss or modification.
Caution for International Use
We hereby do not represent that products and/or services available on or through the mysterypartykits.com Site are appropriate or obtainable outside of the United States of America or Canada. 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 or Canada will be held accountable to comply with local laws.
Games made available through the website are further subject to the United States or Canada export controls. We reserve the right to limit the availability of the website and/or Games to any person, geographic area or jurisdiction, at any time and in our sole discretion.
User Representations
By consenting to this Agreement, you acknowledge that mysterypartykits.com is relying upon the following:
”You are at least 18 years of age and agree that mysterypartykits.com trusts the representations, warranties, and covenants you have created herein. You agree to and hereby do indemnify mysterypartykits.com and hold us 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 arising from any failure by you to accomplish any of the representations, warranties, or covenants you have made herein”
Limitation of Liability
Neither mysterypartykits.com nor any of our affiliates, licensors, suppliers, nor our or their staff members or other representatives (collectively “mysterypartykits.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 mysterypartykits.com has been advised of the possibility of such damages, and in no event shall mysterypartykits.com’s total cumulative liability under this agreement exceed the total fee, if any, paid by you to mysterypartykits.com. Such limitation shall apply with respect to the performance or nonperformance of the site or any mysterypartykits.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/provinces 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 mysterypartykits.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 mysterypartykits.com) and the associated expansion packs at any time, without warning. 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 Kits website 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 mysterypartykits.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 Canada, Vancouver, BC. It shall be under control and governed by the laws in Canada and the USA without regard to any applicable conflict of law provisions. The Parties submit to jurisdiction in the state and federal courts, 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 mysterypartykits.com material breach of this Agreement, no breach of this Agreement shall be deemed material unless you have given mysterypartykits.com electronic notice of such breach. mysterypartykits.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 support@mysterypartykits.com
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 mysterypartykits.com Site or Games contained within must be filed within one year after such claim or cause of action arose or be forever barred.
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. The 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.
*Last Update March 9th, 2019.*
