Terms and Conditions

These Terms and Conditions (referred to as the “Terms”) contain the terms that govern your use of the website found at https://www.nightofmystery.com, its mobile version, and any of its sub-domains (collectively, the “Site”), and the games and other materials available for licensing and purchase at the Site (the “Game” or “Games”) owned by Night of Mystery (“NoM”), and licenses to a Game.

1. USER ACCOUNT

In order to purchase a license to a Game (“License”), you (“you” or “User”) must create a User Account.

By creating a User Account, you agree to:

provide accurate, current and complete information about you as may be requested by any registration form on or relating to the Site or a Game (“User Data”).
maintain the security of your username and password, if any;
maintain and promptly update your User Data, and any other information you provide to NoM, to keep it accurate, current and complete; and
be fully responsible for all use of your account and for any actions that take place using your account.

NoM may verify your User Data as required for your use of and access to the Site and Games.

You are solely and entirely responsible for any and all activities that occur under your User Account, including, but not limited to, any charges incurred relating to the Site or a Game. You agree to notify us immediately of any unauthorized use of your User Account or any other breach of security known to you. NoM cannot guarantee the complete privacy of User Data transmitted while using or accessing the Site or a Game.

Failure to abide by any provision of these Terms or any other NoM operating rule or policy, willful provision of inaccurate or unreliable User Data, failure to advise NoM regarding changes in Your User Data, and/or failure to respond to inquiries from NoM concerning the accuracy of your User Data shall be considered a material breach of these Terms. If within ten (10) calendar days after NoM 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 NoM that you have not breached your obligations under these Terms, NoM may terminate your User 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 NoM.

NoM 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 Terms; (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 NoM, its Users and the public.

NoM 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.

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. NoM has no responsibility or liability for the deletion or failure to store any communications, User Data or Site Content. NoM reserves the right to modify these general practices and limits from time to time.

NoM, 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 NoM may have regarding activities occurring under your account that may be in violation of these Terms and/or applicable law.

2. LICENSE TERMS.

2.1. Available Licenses. NoM offers the following licenses for purchase (“Licenses”):

a) Non-Profit License.

To purchase a Non-Profit License, you must be an authorized representative of an organization that qualifies for exemption from federal income tax under Internal Revenue Code Section 501(c)(3) or is recognized as having charitable status in their country (a “Non-Profit Organization”).

Contingent upon compliance with the Terms, NoM grants qualified Users a revocable, nontransferable, and non-exclusive Non-Profit License to download and use a Game solely for activities related to conducting the organization’s regular charitable functions (“Permitted Use”). By purchasing a Non-Profit License, you agree that any purchase or use of a Non-Profit License in violation of this Section 2, or use of a Non-Profit License outside the scope of the Permitted Use, will subject you to liability for and payment of the appropriate License Fee and/or Liquidated Damages set forth in Section 14 below, at NoM’s election.

Holders of a Non-Profit License must provide attribution to or identification of NoM when engaging in any event promotion or advertisement, along with the holder of the Non-Profit License, in accordance with the permissions in Section 5.

Examples of Permitted Use Under a Non-Profit License:

Charitable fundraising event involving Game play resulting in charitable contributions directly benefitting the Non-Profit Organization;
Team building activities involving employees of the Non-Profit Organization;
For qualifying educational organizations, events involving Game play by teachers and students.

Examples of Use that is Not Permitted Under a Non-Profit License:

Purchase of a Non-Profit License for personal or commercial use;
Reselling or redistributing a Game.

b) Organization/Entity License.

To purchase an Organization/Entity License, you must be an authorized representative of an organization or entity organized under a state or foreign country’s corporate organization laws and must be purchasing the License for use by that organization or entity.

Contingent upon compliance with the Terms, NoM grants qualified Users a revocable, nontransferable, and non-exclusive Organization/Entity License to download and use a Game solely for non-revenue-generating activities attended only by participants who are employees of the purchasing organization or entity (the “Permitted Use”). By purchasing an Organization/Entity License, you agree that any purchase or use of an Organization/Entity License in violation of this Section 2, or use of an Organization/Entity License outside the scope of the Permitted Use, will subject you to liability for and payment of the appropriate License Fee and/or Liquidated Damages set forth in Section 14 below, at NoM’s election.

Examples of Permitted Uses Under an Organization/Entity License:

Team building or social events hosted or sponsored by the purchasing organization or entity and attended only by employees or members of the purchasing organization or entity.

Examples of Use that is Not Permitted Under an Organization/Entity License:

Use of an Organization/Entity License to generate revenue for any individual, organization, or entity;
Use of an Organization/Entity License at an event requiring payment for admission;
Use of an Organization/Entity License at any event attended by individuals who are not employees or members of the purchasing organization or entity;
Reselling or redistributing a Game.

c) Commercial License.

If a Game will be used to generate revenue for any individual or for an organization that does not qualify for exemption from federal income tax under Internal Revenue Code Section 501(c)(3) or is not recognized as having charitable status in their country, you must purchase a Commercial License.

Contingent upon compliance with the Terms, NoM grants qualified Users a revocable, nontransferable, and non-exclusive Commercial License to download and use a Game for revenue-generating activities (the “Permitted Use”). Holders of Commercial Licenses may not resell or redistribute any Game. By purchasing a Commercial License, you agree that any purchase or use of a Commercial License in violation of this Section 2, or use of a Commercial License outside the scope of the Permitted Use, will subject you to liability for and payment of the appropriate License Fee and/or Liquidated Damages set forth in Section 14 below, at NoM’s election.

Holders of a Commercial License must provide attribution to or identification of NoM when engaging in any event promotion or advertisement, along with the holder of the Commercial License, in accordance with the permissions in Section 5.

Example of Permitted Use Under a Commercial License:

Hosting an event or activity that requires payment for admission and involves playing a Game.

Example of Use that is Not Permitted Under a Commercial License:

Reselling or redistributing a Game.

d) Personal License.

To purchase a Personal License, you must be an individual purchasing with a personal credit card and must be purchasing the License only for your own personal, non-revenue-generating use. A company, organization, or entity’s funds may not be used to purchase a Personal License.

Contingent upon compliance with the Terms, NoM grants qualified Users a revocable, nontransferable, and non-exclusive Personal License to download and use a Game solely for personal, non-revenue-generating activities (the “Permitted Use”). By purchasing an Personal License, you agree that purchase or use of a Personal License in violation of this Section 2, or use of a Personal License outside the scope of the Permitted Use, will subject you to liability for and payment of the appropriate License Fee and/or Liquidated Damages set forth in Section 14 below, at NoM’s election.

Example of Permitted Uses Under a Personal License:

Social events hosted by an individual and attended by family members or friends;

Examples of Use that is Not Permitted Under an Organization/Entity License:

Use of a Personal License to generate revenue for any individual, organization, or entity;
Use of a Personal License for events open to attendance by the general public;
Use of a Personal License at an event requiring payment for admission;
Reselling or redistributing a Game;
Use of a Personal License for or by an organization that you are a member or employee of, such as a church, youth group, PTA, company, etc.

2.2 License Restrictions.

By purchasing a License, you expressly agree that:

You will not resell, give away, or attempt to transfer any rights in or to a Game.

You will not reproduce, duplicate, copy, sell, resell, or otherwise exploit a Game or any portion of a Game, or allow, assist, or facilitate any third party in doing so.

You will not create a derivative work from a Game, or allow, assist, or facilitate any third party in doing so. Examples of derivative works include:

Renaming characters;
Changing the name of a Game;
Changing story lines;
Changing Game endings or solutions;
Translating a Game into a language other than English;

You will not download (other than page caching) or modify a Game or any portion of a Game, without NoM’s express written consent; and

You will not video record, live stream, or otherwise broadcast Game play or portion of Game play;

You will not disclose, video record, live stream, photograph, or otherwise broadcast or display any Game solution.

You agree that violation of this Section 2.2 will subject you to liability for and payment of Liquidated Damages set forth in Section 14 below.

2.3 Game License Term and Termination.

Licenses are valid for one (1) calendar year, commencing upon NoM’s collection of the applicable License Fee. NoM may immediately terminate any Game License if you fail to comply with the Terms. In such event, no notice shall be required by NoM to effect such termination.

Licenses may terminate immediately by written notice if you or NoM makes an assignment for the benefit of creditors, becomes subject to a bankruptcy proceeding or is subject to the appointment of a receiver.

License Fees collected by NoM are nonrefundable, notwithstanding termination of your License for any reason.

You agree that use of a License after its term has expired will subject you to liability for and payment of the appropriate License Fee and/or Liquidated Damages set forth in Section 14 below, at NoM’s election.

2.4 License Fees.

Payments for Licenses (“License Fees”) shall be made to NoM in United States dollars in the amount listed at checkout on the Site. All License Fees and charges incurred are due account at the time of purchase. 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 all License Fees incurred under your User Account to be billed to your Card account. It is your sole responsibility to advise NoM 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 these Terms, to determine your rights and liabilities as a Cardholder. The terms of use of third party credit card processing providers, and not these Terms, govern your relationship with such providers.

3. INTELLECTUAL PROPERTY

The Games are protected by all applicable federal and international intellectual property laws. Except as necessary to play a Game in accordance with their instructions, no portion of a Game may be reprinted, republished, modified or distributed in any form without NoM’s express written permission. You agree not to reproduce, reverse engineer, decompile, disassemble or modify any portion of a Game. Certain content and functionality may be licensed from third parties and all such third-party intellectual property rights related thereto belong to the respective third parties.

NoM reserves and retains exclusive ownership of the Games and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any right or license to patents, copyrights, trade secrets or trademarks with respect to any Game, and NoM reserves all rights not expressly granted hereunder. You shall promptly notify NoM in writing upon your discovery of any unauthorized use or infringement of a Game or NoM’s patents, copyrights, trade secrets, trademarks or other intellectual property rights. The Games contain proprietary and confidential information that is protected by applicable law.

4. COPYRIGHT AND TRADEMARK NOTICES

All content included in the Games, including but not limited to text, directions, graphics, logos, layout, design, button icons, images, data compilations, code and source code, multimedia content (including but not limited to images, illustrations, audio and video clips), html and other markup languages, and all other work and intellectual property of any type or kind, whether patentable or copyrightable or not, is the property of NoM or its content suppliers and is protected by United States and international copyright laws with All Rights Reserved. All software used in conjunction with the Licensed Games is the property of NoM or its software suppliers and is protected by United States and international copyright laws with All Rights Reserved.

The trademark NIGHT OF MYSTERY, as well as individual Game names and all logos, URLs and trade dress related to the Site and the Games (collectively, the “NoM Marks”) are exclusively owned by NoM. Other trademarks, service marks, logos, labels, product names and appearing in the Game or the Site and not owned by NoM or its subsidiaries, are the property of their respective owners.

Except as provided for in these Terms, you may not to copy, display or otherwise use any NoM Marks without NoM’s prior written permission. NoM Marks may never be used in any manner likely to cause confusion, disparage or dilute the NoM Marks and/or in connection with any product or Games that is not authorized or sponsored by NoM. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any Licensed Game.

5. MARKETING AND PROMOTION

Holders of Commercial and Non-Profit Licenses must provide attribution to or identification of NoM when engaging in any event promotion or advertisement, along with the holder of the Commercial or Non-Profit License. Holders of Commercial and Non-Profit Licenses must display the NoM Marks or other means of attribution to or identification of NoM only in accordance with the following:

You may not frame or use framing techniques to enclose any NoM Marks or other proprietary information (including but not limited to images, text, page layout, and form) without NoM’s express written consent.

You may not include NoM Marks in any metatags or any other “hidden text” without NoM’s express written consent.

Holders of Commercial and Non-Profit Licenses are granted a limited, revokable, non-exclusive license to utilize NoM Marks for the purpose of promoting hosting of a Game. Any advertisement must include a statement that NoM Marks, including but not limited to NIGHT OF MYSTERY, are trademarks of Night of Mystery, Inc.

Holders of Commercial and Non-Profit Licenses are also granted a limited, revocable, nonexclusive license to create a hyperlink to the Site’s home page, provided that the link complies with the following:

The link must be a text-only link clearly marked “NIGHT OF MYSTERY” or www.nightofmystery.com
The link must “point” to the URL <http:// www.nightofmystery.com> and not to any other page within or without the Site;
The link, when activated by any person, must display the Site full-screen and not within a “frame” on the linking or any other site;
The link shall not portray NoM or its products or the Games in any false, misleading, disparaging or otherwise offensive manner;
The link may not use any NoM logo or other proprietary graphic or trademark as part of the link without NoM’s prior express written permission; and
The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create any false appearance that we are associated with or sponsor the linking or any other site.

NoM reserves the right to revoke the permissions contained in this Section at any time in NoM’s sole discretion, without notice.

Any unauthorized activity by you as set forth in this provision shall result in the immediate and automatic termination of your User Account and all permission, rights and/or Licenses granted to you by NoM, and may also result in such additional action as NoM deems necessary to protect and enforce its legal rights.

6. SOCIAL MEDIA/NO SPOILERS

Except as permitted by this Section, posting images, videos, or live streams of any Game or any portion of any Game on any online site or other electronic media (e.g. social media, blogs, YouTube etc.) is a violation of copyright and expressly prohibited. This includes but is not limited to posting a spoiler, such as a picture of who the victim is, reading the solution on a video, posting a picture of the game’s solution, clues to the mystery, etc. Note: posting pictures of playing the game and/or aspects of the game which do not give away spoilers and/or content of the party are allowed – and encouraged!

You agree that failure to comply with this Section shall subject you to liability for and payment of Liquidated Damages set forth in Section 14 below. Furthermore, it is your responsibility to notify the players of the game of the policy and you will be responsible for any violations of this policy by the players of your Game.

7. USER CONDUCT

Without limiting any other provision of these Terms, you agree not to use the Site or the Games in any unlawful manner or, without limitation, to damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Site; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; use or attempt to use another’s account, or create a false identity on the Site.

8. NO WARRANTIES.

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

9. USER REPRESENTATIONS

You expressly warrant and represent that all factual assertions you have made and will make to NoM 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 you are at least 18 years of age. You agree to sign and deliver to NoM any additional documents that NoM may request to confirm NoM’s rights and your warranties and representations under these Terms, without the necessity of additional consideration. You acknowledge that NoM is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify NoM, 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.

10. THIRD PARTY WEBSITES AND CONTENT.

The Site may contain links to third party web sites that are not owned or controlled by NoM (“Third Party Sites”) and 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 NoM. Without in any way limiting any other provisions of these Terms, NoM 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 NoM has no control over the content of such website nor of its policies. NoM 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.

In addition, a link to another website does not mean that NoM 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 these Terms. 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 NoM 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.

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

11. SITE ACCESS AND INACCURACIES.

The Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. NoM is not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of the Site or Games.

The Site or Games could include inaccuracies or errors, or information or materials that violate these Terms. Although NoM attempts to ensure the integrity of the Site and Games, NoM makes 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 NoM including, if possible, providing a description of the material to be checked, as well as information sufficient to enable us to contact you. NoM will make best efforts to address your concerns as soon as reasonably practicable.

12. NO WARRANTIES.

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 THESE TERMS, NOM 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. NOM AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY NOM GAME OR SERVICE. NOM 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.

NOM 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 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.

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.

13. LIMITATION OF LIABILITY.

NEITHER NOM 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, “NOM”), 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 NOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL NOM’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL FEE, IF ANY, PAID BY YOU TO NOM. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY NOM 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.

14. LIQUIDATED DAMAGES

If you violate the terms of a License, you agree to pay NoM $10,000.00. If you violate the terms of Section 6 you agree to pay NoM $25,000.00. These amounts are referred to as “Liquidated Damages”.

The Parties mutually intend that the Liquidated Damages constitute compensation, and not a penalty. The Parties acknowledge and agree that NoM’s harm caused by listed violations would be impossible or very difficult to accurately estimate at the time of contract and that the Liquidated Damages are a reasonable estimate of the minimum damages to which NoM would be entitled by virtue of your violation of the Terms and the costs NoM would incur in enforcing its rights. Such Liquidated Damages are in addition to any non-duplicative damages award or equitable relief to which NoM may be entitled.

15. FORCE MAJEURE.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL NOM 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.

16. SUBMISSIONS.

Any pictures, questions, comments, suggestions, ideas, feedback or other information about the Site or the Games (“Submissions”) provided by you to NoM are non-confidential and shall become the sole property of NoM. You hereby assign to NoM all exclusive rights, including all intellectual property rights, to Submissions and NoM 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 NoM in any social media posts, you authorize NoM to use any pictures contained in the social media post for promotional purposes with any additional compensation to you or any third party.

17. EMAIL AND NOTICES.

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

18. MISCELLANEOUS.

Your rights and obligations under these Terms are not assignable.
These Terms are binding on you and your respective heirs, legatees, executors, successors and assigns. These Terms are the entire agreement between the Parties and supersede 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 NoM agent. If any portion of these Terms 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 Terms to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.
These Terms 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. You expressly 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.
The prevailing party in any legal suit, action, or proceeding arising out of or relating to these Terms shall be entitled to their reasonable attorney’s fees and costs.
Nothing contained in these Terms shall be construed to require the commission of any act contrary to law. Nothing in these Terms shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.
Captions and headings used in these Terms are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of these Terms, nor shall they otherwise be given any legal effect.
No breach of these Terms by NoM shall be deemed material unless you shall have given NoM written notice of such breach, and NoM shall fail to cure such breach within thirty (30) days after its receipt of such notice.
All notices required to be sent to NoM under these Terms 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 NoM herein).
You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to use of the Site or Games within one (1) year after such claim or cause of action arose or be forever barred.
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 NoM at the above address, Attention: Customer Service.
You agree to defend, indemnify and hold NoM 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 these Terms, (b) your use of the Games, and/or (c) the use of the Games by any other person using your account or License. NoM 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.
You agree that these Terms have 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 these Terms on the grounds that it was electronically transmitted or authorized. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to the Terms 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 these Terms.