Terms and Conditions
FORMATION OF CONTRACT
On purchase, you will be licensed to use a murder mystery game, subject to these terms and conditions. The game is forwarded to you as an attachment to an email that can then be downloaded. If you do not accept these terms of trading, we will not agree to enter a contract with you.
Payment is due in advance, one Game costs £15.99 (or £19.99 for Haunted House).
Payment to be made by Paypal. Payment must clear before the game can be sent to you.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE TO USE THE GAMES
When we have received your payment, we will grant you a license to use, for personal non-profit usage only, a single game (or games if you have paid for more than one game). This license is personal to you to use the game(s) PROVIDED THAT you do not charge any consideration to any person to participate in the game(s) or to act as a spectator when the game(s) are being played.
We assert our moral rights in respect of all copyright material produced by Murdermysteryfun and also the moral rights of any supplier to Murdermysteryfun of any such copyright material. You confirm that you will not alter, reuse or otherwise exploit or jeopardise the artistic integrity of the material contained in any of the games.
You undertake to observe the terms of any license in relation to any games provided by us and to indemnify us against all cost, claims and liabilities arising from any breach of this clause.
You agree not to charge consideration to people who participate in playing the games or for spectators to watch the games.
We sell games. The games we sell are meant to be for entertainment and are not to be taken seriously. IN PARTICULAR, the game(s) sometimes refer to the pretend violent death of an absent character by such means as the use of poison, car accident, snake bite and other such brutal methods of terminating life prematurely. Whilst these are dealt with in an age appropriate, sensitive manner, we do not suggest or condone the use of real implements or any reenactment of these events when the games are played. You agree, therefore, that should you purchase our games, that you will take sole responsibility for the proper conduct of the games. Further, if you or any player decides not to follow these terms and conditions, you will accept sole responsibility for any consequences that may follow.
We reserve the right to modify, suspend or discontinue any or all of our services, at our sole discretion and without notice. We also reserve the right to give advanced notice of any changes to these terms and conditions at any time.
There may be times when events beyond our control prevent you from downloading the game. If this occurs we would ask you to contact us so we can undertake to inform you when the problem has been rectified. If we send you a printed copy of the game by normal post, within 14 days of notification of the problem, then this will be seen as fulfillment of the order.
LIMITATION OF LIABILITY
If we breach the terms of the contract, or you seek compensation and damages for any claim or claims arising out of any contract between the parties, for whatever reason, your remedy will be limited to damages. Our liability to you will not exceed the amount you paid Murdermysteryfun for the game.
EXCLUSION OF LIABILITY
We shall not be liable to you, regardless of the form of action, whether in contract, tort, (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for:
Any delay in supplying or for failing to supply any game, or
Any loss of profit, business, contracts or revenues, or
Failure to achieve anticipated savings in costs or expenses, or
Failure to achieve increased profit, business, contracts, revenues or market penetration, or
Any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of the games we sell, or of any error or defect caused by us.
REASONABLENESS OF THE LIMITATION AND EXCLUSION CLAUSES
If you enter in to a contract with Murdermysteryfun, you agree that the limitation of liability clause and the exclusion of liability clause are reasonable, and that the price agreed reflects the position on liability.
RIGHTS OF THIRD PARTIES
In accordance with s 1(2) (a) of the Contracts (Rights of Third Parties) Act 1999, the parties intend that no terms of this contract may be enforced by a third party.
The parties agree that in the event of one or more clause or sub-clause of this contract being subsequently declared invalid or unenforceable by a court or other authority with jurisdiction, the invalidity or unenforceability of any clause or sub-clause shall not in any way affect the validity or enforceability of any other clause or sub-clause except those which compromise an integral part of it or are otherwise clearly inseparable.
The contract between the parties is to be governed by and construed according to English law and the parties agree to submit any disputes to the exclusive jurisdiction of the English courts.
Whilst every effort has been made to ensure all the pages sent to you do not contain any viruses, we cannot be held liable for any such virus infecting your computer as a result of any correspondence or disc or attachment we may send to you. Please be assured, however, that we always use the latest anti-virus software to ensure, as far as is possible, that we do not pass on any viruses to anyone.