TERMS OF SERVICES
WELCOME TO ALL IN ADVENTURES!
All In Adventures, LLC (together with all subsidiaries and affiliates, “All In Adventures”, “AIA”, “our”, “we”, or “us”) provides unique one-player and multi-player adventure, escape room, mystery room, party, and puzzle games (collectively, “Games”) that you can enjoy either online through a virtual experience or live in-store.
These Terms of Services (“Terms”) sets out the general terms and conditions on your use of our Games (including our online virtual experience), our websites (and related sub-domains) (“Websites”), and the services and products offered by AIA, and any other online or offline interaction with AIA (together with Games and Websites, collectively, “Services”). The Terms do not apply to websites controlled by All In Adventures that do not link to these Terms or to third-party websites linked from our Website. By downloading, accessing, or using any portions of our Services, clicking on the “I accept” button, completing the booking of a Game or participating in a Game, you represent that you have read, understand, and agree to be bound by these Terms. You are deemed to have accepted these Terms each time you access our Websites and each time you contact us via our Website or phone calls. If you do not agree to be bound by these Terms, you may not access or use our Website. Certain portions of the Services may have additional terms and conditions, and you may be asked to sign waivers or release prior to participating in a Game. When these Services are used, you agree to be further bound by the associated additional terms and conditions.
IMPORTANT NOTICE: YOUR USE, ACCESS, DOWNLOAD, AND/OR RECEIVING OF ANY OF OUR SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 9 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, UNLESS PROHIBITED BY LAW OR YOU EXPRESSLY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.
1. ALL IN ADVENTURES SERVICES
1.1 NATURE OF THE AIA SERVICES.
AIA Services include: (a) physical or virtual Games that you may book using the Website and other means; (b) access to, and use of, our Website and other third party services which facilitates your booking and Game experience; and (c) any other or related Content (defined below), products or services we make available to you, subject to the other provisions of these Terms. We reserve the right to discontinue or modify any promotion at any time with respect to any Services.
1.2 USER ELIGIBILITY.
1.2.A INDIVIDUAL USERS.
You may voluntarily contact us by submitting Personal Information, such as your first and last name, email and phone number, by calling us, emailing us, or reaching us via live chat features or web forms located on our Websites. Personal Information collected by the “Contact Us” feature is used to contact you to respond to your inquiries and is not used to add you to our newsletter or another unsolicited marketing message (unless you also otherwise provide us with your Personal Information for those purposes).
1.2.B GROUP BOOKING.
Any individual purporting to represent a company entity represents and warrants that it is authorized to enter into the Agreement on behalf of the company entity it identifies and forms a legally binding agreement. A company entity shall remain responsible for the acts and omissions of the individual players invited or otherwise permitted by the company entity to use our Services or participate in our Games.
1.2.C REGISTERED USERS AND USER ACCOUNTS.
Certain portions of our Service may only be available to Registered Users. If you successfully register with our Service, you will be considered a “Registered User” of and will have a “User Account” for the Service. As a Registered User, you agree not to access any portion of the Service for which we do not intentionally provide you access. Without limiting the generality of the foregoing, you shall not access or use (or attempt to access or use) another Registered User's account, except as expressly allowed hereunder. You are responsible for providing accurate and truthful information to register for a User Account and are responsible for keeping your User Account secure.
1.3 LICENSE TO USE OUR WEBSITE AND CONTENT.
Our Services contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, data, information and technical specifications (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources, including without limitation, third party providers, and are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your data. Our Websites and their Content (excluding your data) are copyrighted as a collective work under United States copyright laws and are protected by other laws. Trademarks, logos, and service marks displayed on our Websites are registered and unregistered trademarks of All In Adventures, its licensors or content providers, or other third parties. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent that the law provides. On the condition that you comply with all your obligations under these Terms, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Services and any Content for the purposes expressly authorized by All In Adventures. Other than the features related to group bookings, our Website is provided for your personal information and non-commercial use. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of All In Adventures or any third party, except as expressly provided in these Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content. All rights not otherwise expressly granted by these Terms are reserved by us.
1.4 NECESSARY EQUIPMENT, SOFTWARE, AND CONNECTIVITY.
You must provide all equipment and software necessary to connect to and receive our Services, including but not limited to, a computer or mobile device that is suitable to connect with and use our Website. We do not guarantee that our Website will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer. You are solely responsible for any fees, including telecommunication, Internet connection or mobile fees, that you incur when accessing or using any of our Services. If your applicable device does not have coverage, network capacity, and reception, or such connection is congested, jammed, or otherwise unavailable, our Services may not work properly.
2. ACCEPTABLE USER CONDUCT
You agree to use our Services only for the purposes that are permitted by these Terms. If you are under 18, you may use our Services only with involvement of a parent or guardian.
2.1 PROHIBITED CONDUCT.
By using and accessing our Services, you acknowledge and agree that you must NOT:
- Personally identifiable contact information such as your address, email, phone number, or other information you submit when communicating with us, such as when using the “contact us” sections of our Services.
- Demographic information such as your name, gender, date of birth, and zip code.
- Purchase information, such as items you purchase, shipping address, and contact information for order details, statuses, or issues.
- Payment information, such as your payment method, payment details (debit or credit card number and information) and billing address.
- Account and profile information, which may include your photo or other information included in your account or profile.
- Information you publish or submit on publicly available websites, blogs, chat rooms, and social media networks.
2.2 INVESTIGATIONS.
Although AIA does not generally monitor user activity occurring in connection with our Services, if AIA becomes aware of any possible violations by you of any provision of this Terms, AIA reserves the right to investigate such violations, and AIA may, at its sole discretion, immediately terminate your license to use our Services without prior notice to you or anyone else.
3. USER MATERIALS
3.1 USER GENERATED MATERIALS.
Content, information, texts, images, data, videos, recordings and other materials posted or provided by users via our Website (collectively, "User Materials") are the intellectual property of the specific users of our Website who post such User Materials. You are solely responsible for (a) User Materials, including the accuracy and completeness thereof, and (b) obtaining and documenting any waivers or consents from any third parties required for All In Adventures (and its third party contractors or processors) to perform its obligations and receive, process, transmit, and display User Materials as contemplated under these Terms. By your submission, posting or delivering of User Materials to us, you hereby grant to us a transferable, non-exclusive, worldwide, perpetual, royalty-free license to access, use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating your User Materials. We will use commercially reasonable efforts to comply with our privacy related obligations under our Privacy Policy with respect to such User Materials, and you represent and warrant that you have the right to make such User Materials available to us. Some of our Websites may allow for a “live chat” feature. Any communication that you have or content that you submit via the live chat feature is considered to be User Material and is subject to the same terms and conditions set forth here. In particular, we don't guarantee any confidentiality with respect to any live chat.
3.2 FEEDBACK.
You agree that submission of any ideas, suggestions, documents, and/or proposals to All In Adventures through its suggestion, feedback, contact, or other similar pages on our Website or our Facebook page or other social media pages (“Feedback”) is at your own risk and that All In Adventures has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to All In Adventures a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of our Services.
4. FEES AND ECONOMIC TERMS
4.1 SERVICE FEES
In consideration for access to and use of the Services, AIA shall be entitled to charge you: (i) tickets for participating in the Games, and (ii) any ancillary costs or expenses AIA incurs in connection with the transactions relating to providing the Services; in each case, as more thoroughly described in the Website, as applicable and as then in effect, and subject to change from time to time in the sole discretion of AIA. As and if requested, you should provide AIA payment information, including credit card or bank account information for AIA to process payments.
4.2 PRODUCT LISTINGS AND PURCHASES.
In addition to any other terms and policies relating to product purchases on our Websites, the following terms apply when you purchase a product on our Websites:
4.2.A PRICING; PAYMENT.
All prices are shown in U.S. dollars and are subject to change. AIA reserves its right to expire or modify any promotion at any time. Taxes, shipping and handling charges are additional. All prices and taxes are subject to change or adjustment without notice. You are responsible for paying all costs associated with your purchase, and for providing accurate and current payment information. We will process your payment immediately upon our acceptance of your order.
4.2.B AVAILABILITY.
All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. Please note that some items may be backordered or unavailable, even if our Website indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item.
4.2.C SHIPPING AND HANDLING.
You agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Website are estimates only - actual delivery dates may vary. You are solely responsible for providing all information necessary for us to ship purchased products to you.
4.2.D NOT FOR RESALE.
The products purchased on our Website are for private and domestic use only and are not for resale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
4.2.E PRODUCT RECALL.
In the event of a product recall, we will publish a notice on our Website and/or notify you via contact information provided to us. The notice will provide instructions on how to obtain a replacement for the recalled product. It is your responsibility to check the Site or to provide us with up-to-date contact information.
4.2.F PRODUCT RETURN.
Our policy governing the return, exchange and refund of our product can be found on our Website.
5. PRIVACY
Your privacy is important to use. We make our Privacy Policy available to you regarding how we collect, use and share your Personal Information. We encourage you to read our Privacy Policy, and to use it to help you make informed decisions. AIA (and our service providers or third parties) may anonymize and aggregate your personal information provided to us and use the de-identified information for other purposes, including to improve our product and services during or after the term.
6. DISCLAIMERS
6.1 GENERAL.
To the maximum extent permitted by law, our Services are provided “AS IS” and “AS AVAILABLE”, and at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. Without limitation, we make no warranty that our Services will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our site will be accurate or reliable, that defects in the operation or functionality of our Services will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our Services will meet your expectations. No advice or information from AIA in any manner will create any warranty as to our Services or any product, service or material available through the Website. If for any reason you are not satisfied with our Services, your sole remedy is to cease using such Services, even if such remedy should fail of its essential purpose. AIA does not make any warranty or representation regarding: (a) the results that may be obtained from use of our Services; (b) any content obtained from our Website; or (c) the accuracy or reliability of any Content. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6.2 THIRD PARTY LINKS.
Our Services may contain links to, or be accessed through links on, or rely on the services provided by, third party websites which are managed and operated by or on behalf of independent third party entities. Such entities are not a part of All In Adventures or agents of us. We do not have control over such third party websites or the content of such websites. As a result, we do not have responsibility for the information, misinformation, errors, availability, service level, privacy, operation or performance of any such third party website. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by us. Any views expressed by third parties on the Services are solely the views of such third party and we assume no responsibility for the accuracy or veracity of any statement made by such third party. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Services, you do this entirely at your own risk. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party's presentations, content, goods or website made available through the third party site or resource.
6.3 THIRD PARTY ACTIVITIES.
AIA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER GAME PLAYERS, SERVICE PROVIDERS AND OTHER USERS OF OUR SERVICES. YOU AGREE TO USE YOUR OWN DISCRETION IN ALL INTERACTIONS OR TRANSACTIONS WITH ANY THIRD PARTIES. We make no representation, warranty or endorsement regarding any third parties. By using the Services, you agree that the sole remedy for any damage or harm inflicted by a third party using our Services (including other Game players) will be limited to claims against such third party, and that you will not seek monetary damages or any other remedy from AIA in connection with such events. You agree that we are not responsible for any use or disclosure of User Materials by other users of the Services or any third party who gains access to it through the Services (which may include unintended activities by third parties, such as by hackers). All In Adventures HEREBY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING OTHER GAME PLAYERS, SERVICE PROVIDERS OR OTHER USERS OF OUR SERVICES).
6.4 SYSTEM UNAVAILABILITY & ERRORS.
Our Services may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. All In Adventures cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by All In Adventures via our Services, but All In Adventures is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, or typographical or other errors. Information and related materials are subject to change without notice. As a result, All In Adventures cannot and does not have any liability for such failures or errors. The internet is subject to outages, communication and data flow failures, interruptions and delays inherent in internet communications. You recognize that problems with the internet, including equipment, software and network failures, impairments or congestion or the configuration of your computer systems, may prevent, interrupt or delay your access to our Services. AIA is not liable for any delays, interruptions, suspensions or unavailability of our Services, or any portion of our Services, attributable to problems with the internet or configuration of your computer systems. There is no warranty or guarantee that access or use of our Services will be uninterrupted or error-free.
7. RELEASE AND INDEMNIFICATION
7.1 RELEASE.
To the extent permitted by applicable law, you hereby release AIA and its parents, subsidiaries, affiliates, directors, officers, employees, agents, partners, service providers, agents, advisors and licensors (collectively, the “TEG Parties”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use or reliance on our Services for any purposes, other than informational purposes pursuant to the disclaimers of these Terms. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another state with a similar law, you hereby make a similar waiver.
7.2 INDEMNIFICATION.
To the extent allowed by law, you will indemnify AIA Parties, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorney's fees arising out of or related to: (a) your participation in or relationship with any Games, or your acts, omissions, and statements regarding any Games, including any loss, damage to, or destruction of property and/or death or injury to persons; (b) any claim that the User Materials infringe or misappropriate the intellectual property rights of any third party, or applicable laws or regulations; (c) your negligence, fraudulent or willful misconduct; (d) your breach of these Terms; or (e) your use of the Services. We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement. Without limitation of the foregoing, if we receive a subpoena or similar requirement to disclose User Materials issued by any court or governmental authority, and we are not a party to the proceeding in question, you will reimburse us for our reasonable costs and expenses of complying with such subpoena, including time spent by our personnel and our attorneys at time and materials rates.
8. LIMITATION OF LIABILITY
8.1 DISCLAIMER OF CERTAIN DAMAGES.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AIA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT AIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (3) ANY OTHER MATTER RELATED TO OUR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
8.2 CAP ON LIABILITY.
UNDER NO CIRCUMSTANCES WILL THE AIA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY AIA AS A RESULT OF YOUR USE OF OUR SERVICES. IF YOU HAVE NOT PAID AIA ANY AMOUNTS, AIA'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED FIFTY DOLLARS ($50 USD).
8.3 EXCEPTION
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AIA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.4 BASIS OF BARGAIN
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AIA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. DISPUTES RESOLUTION
These Terms (including without limitation the validity, construction and performance of duties related to the Terms) are governed by and construed in accordance with the laws of the United States of America and the laws of the State of Georgia without giving effect to any principles of conflicts of laws. You shall first contact us at [email protected] regarding any claim or controversy arising out of or relating to these Terms, or any breach thereof, or the use of our Website , except such claims or controversies for which injunctive relief is available. Any claim or controversy that cannot be resolved by the parties after the exercise of good faith discussion within thirty (30) days shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at https://adr.org/. You agree that, by accepting these Terms, you and All In Adventures are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. Unless you and All In Adventures agree otherwise, any arbitration hearings will take place in the state of Georgia. In the event that binding arbitration is not enforceable, you consent to the exclusive jurisdiction of any federal or state court located in the State of Georgia, U.S.A. for the resolution any disputes. Any cause of action you may have with respect to your use of our Services must be commenced within six (6) months after the claim or cause of action arises.
10. COPYRIGHT AND COPYRIGHT NOTICES
We respect the intellectual property of others, and we ask our users to do the same. We will promptly review and remove Content from our Services if properly notified that the materials infringe a third party's copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the owner or 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;
- a description of where the material that you claim is infringing is located on the website sufficient to allow us to locate the allegedly infringing material;
- your name and contact information (including 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.
Please contact our designated agent for notice of claims of copyright infringement at:
Mystery Room, LLC
Address: 3883 Rogers Bridge Rd NW Suite 501 Duluth, GA 30097
[email protected]
Counter Notices
If material that you have posted to our Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (i) a physical or electronic signature of the subscriber; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which All In Adventures may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person. Repeat Infringers
It is our policy to terminate in appropriate circumstances the accounts of users that are repeat infringers or repeatedly violate these Terms.
11. MODIFICATIONS TO THESE TERMS
We reserve the right to modify these Terms at any time, effective upon posting. You can tell when changes have been made to these Terms by referring to the “Last Updated” legend on top of this page. We will provide you with advance notice of a major change. For example, we may (i) require that you reaccept the updated version of these Terms, (ii) send you an electronic notification advising of the update to these Terms, or (iii) include a notice on our Website. We do not ordinarily provide advance notice of a minor change. We encourage you to check these Terms every time you visit our Website. Your continued use of the Website and/or utilization of any Services benefits after these Terms have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of these Terms.
12. MISCELLANEOUS
12.1 CONSENT TO DO BUSINESS ELECTRONICALLY.
We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in performing our obligations and exercising our rights under these Terms. Neither you nor AIA will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
12.2 ACCESS FROM OUTSIDE OF THE UNITED STATES.
Our Website and the Content is hosted in the United States and is governed by the laws of the United States. Our products and Services, and other Content on our Website, are only directed at those located within the United States. If you are using our Services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our Services in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
12.3 TERM AND TERMINATION.
These Terms are effective unless and until terminated by All In Adventures or you. All In Adventures may, in its sole discretion, terminate your use of our Services or any part thereof if you fail to comply with any term of provision of these Terms. You may terminate these Terms at any time by discontinuing all use of our Services. Termination or cancellation of these Terms shall not affect any right or relief to which either All In Adventures or you may be entitled at law or in equity. Upon termination, you must terminate all use of our Services and destroy all materials, including any Content, obtained using our Services and all copies thereof.
12.4 NOTICE.
Where AIA requires that you provide an email address, you are responsible for providing AIA with your most current email address. In the event that the last email address you provided to AIA is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, AIA's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to AIA at the following address: Mystery Room, LLC, 3883 Rogers Bridge Rd NW Suite 501 Duluth, GA 30097. Such notice shall be deemed given when received by AIA by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
12.5 ENTIRE AGREEMENT.
These Terms, together with the Privacy Policy, any amendments and any additional written agreement you may enter into with All In Adventures in connection with our Services, constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms and conditions to these Terms proposed by you in any e-mail or other communication shall not be binding on us, and are hereby objected to and expressly rejected.
12.6 SEVERABILITY.
If any portion of these Terms is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms and the Privacy Policy shall remain in full force and effect.
12.7 RELATIONSHIP OF THE PARTIES.
No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services.
12.8 FORCE MAJEURE.
AIA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemic, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
12.9 NO WAIVER.
Our failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision of these Terms.
12.10 SECTION HEADINGS.
The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. The words “include”, “including”, and all other forms of “include” are deemed to be followed by “without limitation.”
12.11 SURVIVAL OF CERTAIN PROVISIONS.
Those provisions outlined here that normally would survive after you cease using the Services and Content and all provisions indicating an ongoing obligation, which include Section 6 (Disclaimers); Section 7 (Release and Indemnification); Section 8 (Limitation of Liability); Section 9 (Disputes Resolution) and Section 13 (Miscellaneous), shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use the Service after the termination of these Terms.
13. CONTACT US
If you have any questions about these Terms, please write to us by mail at Mystery Room, LLC,Address: 3883 Rogers Bridge Rd NW Suite 501 Duluth, GA 30097, or email us at [email protected]. or call us at +1 844-502-5546.