TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Moonlark Mysteries, LLC (“Moonlark”) in association with the use of the Moonlark website, which includes moonlarkmysteries.com (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce site that offers for sale digital and printable document packages with instructions and props for a host to throw a mystery dinner party. Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Moonlark. At its discretion, Moonlark may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Moonlark does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member , acknowledge, accept and agree that Moonlark shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services. Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Moonlark shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To use this Site or purchase any product from this Site, you must be at least 18 years of age. In addition, you must be in good standing and not an individual that has been previously barred from receiving Moonlark’s Services under the laws and statutes of the United States or other applicable jurisdiction.
FURTHERMORE, THE PURCHASING PARTY HEREBY ACKNOWLEDGES, UNDERSTANDS AND AGREES TO furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Moonlark will have sufficient grounds and rights to suspend or terminate the user in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Moonlark’s Services, or any portion thereof.
You must not use this Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Moonlark’s express written consent.
This Site and all products sold on this Site is provided “as is” without any representations or warranties, express or implied. Moonlark makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Moonlark does not warrant that this website will be constantly available, or available at all or the information on this website is complete, true, accurate or non-misleading.
LIMATION OF LIABILITY
Moonlark will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Moonlark has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this TOS are reasonable. If you do not think they are reasonable, you must not use this website.
If any provision of this TOS is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this TOS.
You hereby indemnify Moonlark and undertake to keep Moonlark indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Moonlark to a third party in settlement of a claim or dispute on the advice of Moonlark’s legal advisers) incurred or suffered by Moonlark arising out of any claim that you have breached any provision of these terms and conditions.
USER ACCOUNT, USERNAME, PASSWORD AND SECURITY
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Moonlark immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Moonlark shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
PAYMENTS AND REFUNDS
All Moonlark products are purchased in advance of delivery. You will be charged at the time of purchase. All products are digital goods unless the user otherwise chooses the physical product prior to purchase. All sales are final and no refunds are given, except that a user may request a refund within thirty (30) days of purchase with a full explanation of the reasons behind the request for a refund. Moonlark shall refund the purchase price within thirty (30) days from the date of user’s certification of destruction of the digital good or physical product, to Moonlark’s sole satisfaction. Moonlark shall have no obligation to refund any money whatsoever if the user breached these TOS. Also, the refund will only be for the price of the digital good only, even if the user purchased the physical product because the upcharge for the physical product is for shipping.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the State of Oklahoma, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts found in Oklahoma County.
CHANGES TO THE CONTENT AND THIS AGREEMENT
Moonlark may, at any time, revise this Agreement or modify, enhance or upgrade the content subject to this Agreement. Your continued use of the content following changes to the content or this Agreement constitutes and shall be deemed your acceptance of such changes.