The following is a legal agreement between Mystery Competition, LLC., an Ohio corporation with offices at 30725 Bainbridge Road, Solon, OH 44139 ("MCL," "we," "us," or "our") and "you," the user of this Site.
By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.
Your Use of the Site
MCL hereby grants you a limited license to copy, access and use the materials, features, and services provided by MCL on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by MCL or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of MCL or any third party. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MCL.
When you visit 5minutemystery.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Copyright Information All of the Material available on the Site is copyright 2008, Mystery Competition, LLC, or used under license.
5MinuteMystery.com, 5minmystery.com, and the 5 Minute Mystery logo are service marks or registered service marks of Mystery Competition, LLC in the United States and other countries. All rights reserved. Use of the 5 Minute Mystery trademarks as meta-tags for search engines is strictly prohibited.
This web site or portions thereof are covered by United States Patent Pending.
Reviews, Comments, Communications and Other Content:
Visitors may post reviews, comments, photos, and other content, send e-mails and other communications and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. MCL reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MCL a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MCL and sublicensees the right to use the name that you submit in conjunction with the content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate his policy and will not cause injury to any person or entity’ and that you will indemnify MCL for all claims resulting from content you supply. MCL has the right but not the obligation to monitor and edit or remove any activity or content. MCL takes no responsibility and assumes no liability for any content posted by you or any third party.
Links and Advertisements
MCL may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH MCL. MCL MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. MCL WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY MCL ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided by a link located at another Web site. Neither MCL nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither MCL nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither MCL nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER MCL NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF MCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT MCL AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER MCL NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS MCL AND ITS AFFILIATES AND PARTIES WITH WHOM MCL HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
Neither MCL nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
You hereby indemnify, defend and hold harmless MCL and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. MCL reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement by Mystery Competition, LLC.
In the event MCL determines, in its sole discretion, that you have violated these Terms, MCL shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law.
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Ohio. Any dispute arising between you and Mystery Competition, LLC will be submitted to binding arbitration in Cleveland, Ohio in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
Updates to Terms
MCL shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Downloads contain computer programs ("Software"), documentation and other proprietary material (collectively, "Product") that belong to MCL. ("Licensor") and its licensors. Installation and use of the software is subject to this license agreement ("Agreement"). By installing or using any part of the Software, you (including your employer in the event you are downloading the Software in the course of performing the duties of your employment) consent to be bound by, and agree to become a party to, this agreement.
If you are deemed to have ordered the download, Licensor's acceptance is expressly conditional on assent to these terms exclusive of all other terms to the exclusion of all other terms; if these terms are considered an offer by Licensor, acceptance is expressly limited to these terms.
GRANT OF LICENSE.
Licensor, grants you, a non-exclusive right to use and display the enclosed copy of the Software on a single computer (i.e. with a single CPU) at a single location (the "License"). If the Software is intended to be used on a multi-user system, this License covers all authorized end users of that specific multi-user system. Licensor reserves all rights not expressly granted to you herein.
OWNERSHIP OF SOFTWARE.
You own only the magnetic or other physical media on which the Software is originally or subsequently recorded or fixed, but Licensor retains all title and ownership of the Software recorded on the original disc and all copies of the Software, regardless of the form or media in or on which the original and other copies may exist. The License is not a sale of the Software or any copy of it.
The Software and the accompanying written materials ("Documentation") are copyrighted. Unauthorized copying of the Software, including any portion of the Software that has been modified, merged, or included with other Software, or of the Documentation is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of the License.
You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or permit others to do so. You may not modify, adapt, translate, or create derivative works based on the Documentation without the prior written consent of Licensor.
The Software is licensed only to you and may not be transferred to anyone without Licensor's prior written authorization. Any authorized transferee of the Software shall be bound in writing by the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided herein.
This Agreement is effective until terminated. In the event you fail to comply with any provision of this Agreement, this Agreement may be terminated if you do not cure such failure within forty-five (45) days of a written notice from Licensor. Upon termination you shall destroy the Documentation and all copies of the Software, including modified copies, if any.
Licensor may from time to time, create updated versions of the Software and provide them for download at it's web site.
This Agreement is governed by the laws of the State of Ohio without regard to its conflicts of laws and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Any disputes between the parties relating to this Agreement shall be resolved by binding arbitration in Cleveland, Ohio, under to the commercial arbitration rules of the American Arbitration Association. This Agreement may be modified in the observance of any provision of this Agreement may be waived only with the prior written consent of Licensor. If any provision of this Agreement is found to be illegal, void or for any reason unenforceable, it shall be deemed severable from and shall in no way affect the validity on enforceability of the remaining provisions of this Agreement.
DISCLAIMER OF WARRANTY.
Licensor does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the Software or written materials in terms of correctness, accuracy, reliability, currentness, or otherwise. Licensor does not represent or warrant that the Software will be compatible with Licensee's computer system or will not conflict with other programs, applications, or operating systems. Licensee assumes the risk of any computer failure, malfunction, crash, failure, or loss of data resulting from downloading or use of the Software and Licensor shall have no liability therefore.
LIMITATION OF LIABILITY.
Licensor's entire liability and your exclusive remedy as to the Software shall be the replacement of the Software that does not comply with the foregoing Limited Warranty. The above are the only warranties of any kind made by Licensor with respect to the product, and all other warranties, either express or implied, including but not limited to the implied warranties of the merchantability and fitness for a particular purpose are disclaimed. No oral or written information or advice given by Licensor, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights which vary from state to state.
Neither Licensor, nor anyone else who has been involved in the creation, production, or delivery of the product shall be liable for any direct, indirect, consequential or incidental business damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the product even if Licensor has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MCL's Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification Of Claimed Infringement:
5MinMystery.com Customer Support
Full Address of Designated Agent to Which Notification Should be Sent:
Mystery Competition, LLC
30275 Bainbridge Road
Solon, OH 44139
Telephone Number of Designated Agent:
440-287-8230 x 312
Facsimile Number of Designated Agent:
Email Address of Designated Agent for copyright infringement only:
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the MCL Site sufficient to allow us to locate the material;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.