Terms and Conditions

 

We are located in Austin, Texas USA.

To Contact us via Phone 10AM-3PM Central Time - Tuesday through Friday:

***Please note that during the busy times of the year, it may take a few times to get through during business hours. Each call is important to us, but if we are unable to answer when you call - please contact us via email. We do not have an ability to support the monitoring of voice messages. For the fastest reply time, please use our email address below. **We do constantly monitor email throughout the weekends and make every attempt to be available to answer your questions.

Call Center: 1 (800) 714-3951

This email address is monitored 7 days per week.
support@mymysteryparty.com

 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.

 


TERMS AND CONDITIONS OF THE USE OF THIS SITE AND THE GAMES

LAST UPDATED 09/14/17

The Terms of Use Agreement, hereby referred to as the "Agreement," was created by and is binding between My Mystery Party (Mymysteryparty.com) and you. The Agreement constitutes the terms and conditions of access and usage which oversee your use of the website at http://www.mymysteryparty.com, all sub-domains, associated websites, and  the mobile version (hereby termed the Site). The Agreement also covers the games available for licensing at the Site (the “Games"). You and MyMysteryParty.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.


Recognition and Approval of terms of use 
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.” 
This Agreement also includes by entering and/or using the Site and/or Games - you are agreeing to be bound by the privacy policy found at http://mymysteryparty.com/privacy-policy/ and all other notifications posted on the Site (collectively, the “Policies”). The Policies are combined herein and you agree to their terms. Review all Policies prior to perusing the web site at MyMysteryParty.com
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 calendar year after purchase. The 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 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, 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.
 


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 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 buyer 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.  Doing a fundraiser for a 501C - give us your federal ID along with the order, and we will waive the license fee.

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 will 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 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 MyMysteryParty.com, please contact us immediately at 1-800-714-3951 and / or support@mymysteryparty.com  


REFUNDS, RETURNS, CANCELLATIONS:

All of our parties have a satisfaction guarantee.
DOWNLOADABLE GAME LICENSES: if you are not happy with your mystery (or any other downloadable item) for any reason, we will in most cases 'exchange' the license immediately with another one (i.e. provide you with the license for another equivalent product for free by adding the file to your purchase) as long as you have not previously taken advantage of this 'exchange' policy. If you have already been granted a free game license, please be careful 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 and watch the game trailer to ensure this is the correct game for your group. We reserve the right to refuse an exchange of a license if we feel you are taking advantage of our exchange program.

 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 and 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.  

Prior to purchase, you are able to view sample game materials, mystery synopses, game video trailers (when applicable) and character lists (or example tasks in the case of scavenger hunts) to make sure the product meets your needs. We are also here to answer any questions you may have about the game prior to purchase. We trust this will help you make an informed purchase you will be happy with. Buying the game to determine if it fits your needs is not acceptable.

 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 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 games (i.e. exchanges) are allowed. 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 calendar year of the 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.

 Last note: if you are unhappy with the original purchase and do not wait for us to add your 'exchange' to your account and purchase a second game, we cannot refund the first game.  However, your free exchange in the future will still be available to you. Therefore, be sure to wait for us to give your free game (i.e. exchange) before purchasing the replacement game. 


FOR PARTY READY PACKS: We cannot refund party ready packs 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 many options that you can customize our parties with (i.e. expansion packs, etc.). Also, the kits are seasonal, and are updated frequently.  Preparing the mystery game kits are labor intensive, and there is no way to refund labor costs.

Please contact our sales support at 1-800-714-3951 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, and the mystery synopsis. 

*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 will be immediately investigated by our legal team and the local law enforcement based upon the IP Address used during the purchase. All fraudulent charges will 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 buyer is located as determined by the IP Address. For the protection of internet merchants, any buyer that is found reporting a false charge reversal for any reason will be prosecuted to the full extent of the law and will be reported immediately to all bad customer databases and governing agencies.  If you file too many fraudulent charge disputes, you may be dropped from your bank.  


Security 
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. 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 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.

 Site Security:

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. 


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.
 


User Representations:
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.
 


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 support@mymysteryparty.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 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.

 

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