Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site. We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and The Mystery Experiences Company has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify The Mystery Experiences Company of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. You may receive emails regarding your account or promotions for special offers, including third party offers.
Registration and Membership
Monthly packages for The Mystery Experiences Company subscriptions and other products offered from time to time are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers.
Billing and Payments
YOUR SUBSCRIPTION CONTRACT
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE.
TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE:
(1) CANCEL YOUR SUBSCRIPTION BY LOGGING IN TO YOUR USER ACCOUNT ON OUR WEBSITE AT HTTP://MYSTERYEXPERIENCES.CRATEJOY.COM,
(2) MAIL US AT THE MYSTERY EXPERIENCES COMPANY, LLC, 3165 BOBCAT VILLAGE CENTER DRIVE, NORTH PORT, FL 34288.
ALL MONTHLY SUBSCRIPTIONS THAT ARE STARTED BETWEEN THE 21ST AND THE 30TH OF ANY GIVEN MONTH WILL AUTOMATICALLY RENEW ON THE LAST DAY OF THE NEXT MONTH. ALL SUBSCRIPTIONS THAT ARE STARTED BETWEEN THE 1ST AND THE 20TH OF THE MONTH WILL RENEW ON THE LAST DAY OF THAT MONTH. THEREAFTER, ALL MONTHLY SUBSCRIPTIONS RENEW ON THE LAST DAY OF EACH MONTH.
ALL 3-MONTH, 6-MONTH OR ANNUAL SUBSCRIPTIONS WILL RENEW ON THE LAST DAY OF THE MONTH OF THE FINAL MONTH IN THE PREPAID SUBSCRIPTION.
If you cancel your subscription, your account will reflect a Cancellation status through the end of your subscription period. You will be sent any remaining monthly packages per your most recent renewal but will not be charged again moving forward. On your next renewal date, the subscription will reflect the fully canceled status. You will receive a confirmation of the cancellation via email shortly after completing the cancellation process.
THE MYSTERY EXPERIENCES COMPANY MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU CANCEL YOUR SUBSCRIPTION.
IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.
WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME.
DUE TO THE CUSTOM NATURE OF OUR PRODUCTS, ALL PURCHASES ARE FINAL AND ANY CONSIDERATION FOR ANY REFUNDS IS AT THE SOLE DISCRETION OF CUSTOMER SUPPORT.
MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code, as well as the contents of all packages and mailings sent by the Company, are copyrighted as a collective work under the United States and other copyright laws, and are the property of The Mystery Experiences Company and are protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed by and to The Mystery Experiences Company. Copyright 2014, 2015, 2016 The Mystery Experiences Company. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of The Mystery Experiences Company on the Site are trademarks or registered trademarks of The Mystery Experiences Company, or of their respective owners.
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant The Mystery Experiences Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of The Mystery Experiences Company. You acknowledge and agree that you are solely responsible for all the user data that you make available through The Mystery Experiences Company. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant The Mystery Experiences Company the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or The Mystery Experiences Company use of your uploaded data (or any portion thereof) on, through or by the means of The Mystery Experiences Company will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Except as otherwise specifically provided, the site and the products offered on the site are provided on as "as is" and "as available" basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Mystery Experiences Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Mystery Experiences Company does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. The Mystery Experiences Company does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither The Mystery Experiences Company nor its celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if The Mystery Experiences Company has been advised of the possibility of such damages. In no event will The Mystery Experiences Company liability to you exceed the amounts that you paid to The Mystery Experiences Company in connection with your The Mystery Experiences Company membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Mystery Experiences Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Mystery Experiences Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Mystery Experiences Company shall immediately issue a credit to your credit card account in the amount of the charge. The Mystery Experiences Company has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer. These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by The Mystery Experiences Company without notice at any time, for any reason. The Mystery Experiences Company reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
Choice of Venue and Choice of Law
Any legal dispute between parties shall be brought only in Sarasota County, FL (for any and all state court actions) or Tampa, FL (for any and all federal court actions). The parties specifically agree that these are the exclusive and only locations that any legal proceedings may be brought and the parties have willingly and knowingly chosen these venues. All disputes between the parties shall be governed exclusively by the laws of the State of Florida.
Class Action Waiver
The parties agree that they may not participate in any legal proceeding or action that asserts more than one person’s claims, and may not otherwise participate any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and The Mystery Experiences Company specifically agree to do so. Neither you, nor any other Member of The Mystery Experiences Company and/or user of The Mystery Experiences Company services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.
Enforceability and Severability
If any clause of this Terms of Service is found to be illegal unenforceable, that clause shall be severed from this Terms of Service, and the remainder of the Terms of Service will be given full force and effect.
The Mystery Experiences Company may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.
Use of Site
Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless The Mystery Experiences Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works from discount codes received on or from this site.
You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In an attempt to provide increased value to our visitors, The Mystery Experiences Company may link to sites operated by third parties. However, The Mystery Experiences Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Mystery Experiences Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Mystery Experiences Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
These Terms constitute the entire agreement between you and The Mystery Experiences Company. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. The Mystery Experiences Company may assign its rights and duties under this Agreement to any party at any time without notice to you.