Night of Mystery Terms and Conditions

This Terms of Use Agreement (referred to as the “Agreement” or “Terms of Use”) is made by and between NIGHT OF  MYSTERY, INC. and its corporate affiliates (referred to herein as “we,” “us,” “Company” or “NIGHT OF MYSTERY”) and YOU. This Agreement contains the general terms and conditions that govern your use of the web site found at http://nightofmystery.com, its mobile version and any of its sub-domains (collectively, the “Site”), the games available for licensing at the Site (the “Games”)(subject to a separate License Agreement, whose terms are incorporated herein by reference), and any discussion forums or other service offerings available on the Site (collectively, the “Forums”). Unless otherwise indicated, the term “Site” shall include the Forums. You and Company may be referred to collectively herein as the “Parties” and individually as a “Party.”

USER ACCOUNT

In order to access the Games and some features of the Forums, you must create a User Account.
There are two types of User Accounts:

  1. Personal
  2. Business

 

Personal User Accounts: Personal User Accounts are for individuals who are using the Site, Games, or Forums solely for personal entertainment and hosting personal, non-commercial and/or business gatherings/parties. Personal User Accounts and Personal Licenses (as defined in the respective License Agreement) are not for use in any commercial manner whatsoever or with any business and/or large, organized group – including a charitable organization.

Business User Accounts: Business User Accounts are for business users in any form (Corporation, LLC, Sole Proprietor etc.) regardless of whether the business is directly deriving revenue from the use of the Site, Games, or Forums. By way of an example, a Business User Account (and the respective Business Game License) is required for a commercial or business-related entity (bar, restaurant, B&B, company etc.) to use and access the Site, Games and Forums in any manner in the context of its business operations, including for internal purposes (i.e. team building activities) regardless of whether the commercial or business entity is specifically charging for the opportunity to participate in the Game.

  • You represent and warrant that you have selected the appropriate user account type for your intended use.
  • You may not use the account or Game License of any other person or entity, or allow any other person or entity to use your account. Any unauthorized use shall constitute a breach of the License Agreement will subject you and/or the unauthorized user to the liquidated damages set forth in Section 10(c) of the License Agreement.

 

USER ACCOUNT DATA.

In addition to the other terms, conditions and covenants of this Agreement, you agree to:

  1. provide accurate, current and complete information about you as may be requested by any registration form on or relating to the Site or Games (“User Data”). User Data, shall also include any information or other materials of any nature whatsoever you upload, enter or post on, at or through the Site, or by any other means, in the course of registering for, implementing and/or using the Site.;
  2. maintain the security of your username and password, if any;
  3.  maintain and promptly update your User Data, and any other information you provide to Company, to keep it accurate, current and complete; and
  4. be fully responsible for all use of your account and for any actions that take place using your account.
  5. You consent and authorize us to verify your User Data as required for your use of and access to the Site and Games.
  6. You are solely responsible at your own cost and expense for creating backup copies and replacing any Licensee Data you post or store on the Site or otherwise provide to Company.
  7. You understand and agree that Company may in its sole discretion retain server copies of Licensee Data that have been removed or deleted.
  8. You are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the Site or Games. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data transmitted while using or accessing the Site or Games cannot be guaranteed.
  9. You agree that your failure to abide by any provision of this Agreement, the Policies or any other Company operating rule or policy, your willful provision of inaccurate or unreliable User Data, your failure to advise Company regarding changes in your User Data, and/or your failure to respond to inquiries from Company concerning the accuracy of your User Data shall be considered a material breach of this Agreement. If within ten (10) calendar days after Company provides notice (in any form and via any method of delivery) to you of such material breach, you fail to provide evidence, reasonably satisfactory to Company, that you have not breached your obligations under this Agreement, Company may terminate your account and any outstanding Licenses without further notice to you and without any obligation to refund any License Fee, portion thereof or other sums you may have paid to Company.
  10. You acknowledge, consent and agree that Company may access, preserve and disclose your account information and User Data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, its Users and the public.
  11. Company may in its sole discretion, but shall not be required, to retain User Data for purposes of convenience in order to accommodate Users who may wish at a later time to renew or purchase additional Licenses. Company makes no representation that your Licensee Data will be available for this purpose, following termination of your License.
  12. You understand that the technical processing and transmission of your User Data may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  13. You agree that Company has no responsibility or liability for the deletion or failure to store any communications, User Data or Site Content. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time.

 

FINANCIAL TERMS AND CONDITIONS

  1. License Fees are based on United States dollars. Payments for same shall be made to Company in United States dollars.

  2. You agree to pay for all License Fees and charges incurred under your account. All License Fees and charges must be paid with a credit or debit card or similar form of payment (a “Card” payment method). You authorize any and all charges and License Fees incurred under your account to be billed from time to time to your Card account. It is your sole responsibility to advise Company of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or License; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder. The terms of use of third party credit card processing providers, and not this Agreement, govern your relationship with such providers.

  3. Checks issued by Company to any User, for any purpose, are VOID after 180 days from the date of issue. Users who fail to cash Company-issued checks within such 180-day period will be charged a $5.00 fee for re-depositing funds from the stale check to the User’s Account. Users requesting replacement checks will be charged an additional $5.00 fee for issuance of the replacement check.

 

USER CONDUCT AND GENERAL PRACTICES

  1. Without limiting any other provision of this Agreement, you agree not to use the Site or the Games in any unlawful manner or, without limitation, to:
  2. harvest or collect email addresses or other contact information from others by electronic or other means;
  3. damage, disable, overburden or impair the Site;
  4. use automated scripts to collect information from or otherwise interact with the Site;
  5. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  6. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  7. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  9. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  10. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  11. intimidate, “stalk” or harass another;
  12. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  13. use or attempt to use another’s account, or create a false identity on the Site;
  14. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) pursuant to Section 219 of the Immigration and Nationality Act; and/or
  15. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which may expose Company or its Users to any harm or liability of any type.

 

SUSPENSION OF ACCOUNT.

Company, in its sole discretion and without notice to you, may freeze or otherwise disable access to your account for a reasonable period of time to investigate any good faith suspicion Company may have regarding activities occurring under your account that may be in violation of this Agreement and/or applicable law.

 

MODIFICATION OR DISCONTINUATION OF THE SITE OR GAMES.

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Games (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Games.

USER REPRESENTATIONS

By accepting this Agreement you expressly warrant and represent the following to Company and acknowledge that Company is relying upon such warranties and representations:

  1. That all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age.

  2. That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Licensee Data on the terms provided herein and to grant Company the licenses set forth herein.

  3. That no other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Licensee Data on the terms provided herein or to grant Company the licenses set forth herein.

  4. That your Licensee Data does not infringe on the personal, privacy, publicity or intellectual property rights of any person or entity, and that neither it nor the act of submitting it to Company is otherwise actionable at law or equity.

  5. That you have neither intentionally nor with gross negligence submitted any Licensee Data containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our Users.

  6. You agree to sign and deliver to Company any additional documents that Company may request to confirm Company’s rights and your warranties and representations under this Agreement, without the necessity of additional consideration.

  7. You acknowledge that Company is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify Company, its licensees, assigns, customers and corporate affiliates against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.

 

THIRD PARTY WEBSITES AND CONTENT.

  1. You understand that the Site may contain links to third party web sites that are not owned or controlled by Company (“Third Party Sites”) and that Third Party Sites may contain advertisements, products, pictures, graphics, photographs, trademarks, logos, text, comments, messages, information, audiovisual work, sound recordings, musical compositions, lyrics, and other works and intellectual property (without limitation, “Third Party Content”) that is not owned or controlled by Company.

  2. Without in any way limiting any other provisions of this Agreement, Company makes no representations whatsoever about any Third Party Site or Third Party Content that you may access through the Site. When you access any other website, you understand that it is entirely independent from the Site, and that Company has no control over the content of such website nor of its policies. Company will not and cannot investigate, monitor, censor or edit the content of any Third Party Sites or Third Party Content. It is up to you to take precautions to ensure that Third Party Sites and Third Party Content are free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. If you access any Third Party Site or use or install any Third Party Content, you do so at your own risk.

  3. In addition, a link to another website does not mean that Company endorses or accepts any responsibility for the content, use or policies of the linked website or that the policies of that website are consistent with our policies or the terms and conditions of this Agreement. We strongly encourage you to become familiar with the terms of use and practices of any linked site. You acknowledge and agree that all Third Party Content and Third Party Sites shall be governed by the terms of use and other rules established by the owners, operators or providers of such Third Party Content and/or Third Party Sites, and that Company shall not be a party to, and shall play no role whatsoever in any dispute you may have with the owners, operators or providers of such Third Party Content and/or Third Party Sites.

  4. By using the Site and/or Games, you expressly release Company from any and all liability arising from your use of any Third Party Site or Third Party Content.

DISCLAIMER OF WARRANTIES.

  1. You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Company shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of the Site or Games.

  2. A possibility exists that the Site or Games could include inaccuracies or errors, or information or materials that violate this Agreement. Although we attempt to ensure the integrity of the Site and Games, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Site’s or a Game’s completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable.

  3. Company disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or User Data. Company disclaims any and all responsibility for harm resulting from downloading or accessing any information, User Data or Site Content on the Internet or through the Site.

  4. THIS SITE AND GAMES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY COMPANY PRODUCT OR SERVICE. COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES, AGENTS, USERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.

  5. COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY GAMES AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.

  6. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.

 

LIMITATION OF LIABILITY.

  1. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION, “COMPANY”), 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEE, IF ANY, PAID BY YOU TO COMPANY. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY COMPANY 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.

  2. 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.

  3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL COMPANY 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.

 

SUBMISSIONS.

  1. You acknowledge and agree that any pictures, questions, comments, suggestions, ideas, feedback or other information about the Site or the Games (“Submissions”) provided by you to Company are non-confidential and shall become the sole property of Company. You hereby assign to Company all exclusive rights, including all intellectual property rights, to Submissions and Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you. If you tag Company in any social media posts, you authorize Company to use any pictures contained in the social media post for promotional purposes with any additional compensation to you or any third party.

 

EMAIL AND NOTICES.

  1. You agree that Company may provide any and all notices, statements and other communications to you through the e-mail address specified in your User Data or, in Company’s sole discretion, by mail, express delivery service, facsimile or other electronic communication sent to the respective addresses specified in your User Data.

 

MISCELLANEOUS.

  1. Your rights under this Agreement are not assignable.

  2. This Agreement is binding on the Parties and their respective heirs, legatees, executors, successors and assigns. Except for Policies and other agreements incorporated by reference herein, this Agreement is the entire agreement between the Parties and supersedes all prior written or oral agreements between the Parties relating to the subject matter hereof, including but not limited to any and all prior written or oral representations made by any independent Company agent. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.

  3. This Agreement shall be deemed to have been made in the United States of America, State of Colorado, and it shall be governed by the substantive laws of the State of Colorado without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in the city and county of Denver, Colorado, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections.

  4. The prevailing party in any legal suit, action, or proceeding arising out of or relating to this Agreement shall be entitled to their reasonable attorney’s fees and costs.

  5. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.

  6. Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
  7. No breach of this Agreement by Company shall be deemed material unless you shall have given Company written notice of such breach, and Company shall fail to cure such breach within thirty (30) days after its receipt of such notice.

  8. All notices required to be sent to Company under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to Night of Mystery, Inc., 26448 E. Walker Dr., Aurora, CO 80016, Attention: Legal (or such other address or addresses as may be designated by Company herein).

  9. 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 Site or Games must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  10. Notice for California Users. Under 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 in writing 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 Night of Mystery, Inc., 26448 E. Walker Dr., Aurora, CO 80016 There is a charge for licensing the Games. Charges are available by contacting Company at the above address, Attention: Customer Service.

  11. You 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.

 

ACCEPTANCE OF ELECTRONIC CONTRACT.

  1. You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.

 

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

  1. This Agreement shall be deemed to have been made in the United States of America, State of Colorado, and it shall be governed by the substantive laws of the State of Colorado without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in the city and county of Denver, Colorado, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections.
  2. The prevailing party in any legal suit, action, or proceeding arising out of or relating to this Agreement shall be entitled to their reasonable attorney’s fees and costs.
  3. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.
  4. Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
  5. No breach of this Agreement by Company shall be deemed material unless you shall have given Company written notice of such breach, and Company shall fail to cure such breach within thirty (30) days after its receipt of such notice.
  6. All notices required to be sent to Company under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to Night of Mystery, Inc., 26448 E. Walker Drive, Aurora, CO 80016, Attention: Legal (or such other address or addresses as may be designated by Company herein).
  7. 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 Site or Games must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  8. Notice for California Users. Under 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 in writing 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 Night of Mystery, Inc., 26448 E. Walker Drive, Aurora, CO 80016. There is a charge for licensing the Games. Charges are available by contacting Company at the above address, Attention: Customer Service.
  9. You 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.

 

ACCEPTANCE OF ELECTRONIC CONTRACT.
You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.