Terms of Service
THE AGREEMENT
The use of this website and services on this website provided by Puzzles From The Past (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by, on, or in conjunction with this Website ("Services") including emails, social media, 3rd party promotions, etc.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Company, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Puzzles From The Past, Company, or We will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement as You or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2) USER ACCEPTANCE & LICENSE TO USE WEBSITE
By using the Website, You warrant that you have read and reviewed this Agreement and that you agree to be bound by it without limitation or qualification. If you do not agree to be bound by this Agreement, please leave the Website immediately. You may not use any portion of the Site if you do not agree with all of the Terms. The Company only agrees to provide use of this Website and Services to you if you assent to this Agreement. Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Website and Services.
This license does not include any resale or commercial use of any PFTP Product or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any PFTP Product or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by PFTP or its licensors, suppliers, publishers, rights holders, or other content providers. No PFTP Product, nor any part of any PFTP Product, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PFTP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PFTP without express written consent. You may not use any meta tags or any other "hidden text" utilizing PFTP’s name or trademarks without the express written permission of PFTP. You may not misuse the PFTP Products. You may use the PFTP Products only as permitted by law. PFTP Product recipients are responsible for adhering to all local laws, bylaws and statutes. The licenses granted by PFTP terminate if you do not comply with these Terms of Service.
We reserve the right to revise the products and services available on the Site and to impose rules for and limits on the use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
3) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
This Agreement does not transfer from PFTP to you any PFTP or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PFTP. PFTP, the PFTP logo, and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of PFTP or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PFTP or third-party trademarks.
4) USER RESPONSIBILITIES
If you create an account on the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account, users or anything else in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PFTP may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause PFTP liability. You must immediately notify PFTP of any unauthorized uses of your account, your account or any other breaches of security. PFTP will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
5) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
6) SALE OF GOODS/SERVICES
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
The buyer of any PFTP Product, referred to as the “Purchaser,” is solely responsible for any and all distress, liability, civil risk, or damages, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise, that may arise on the part of the PFTP Product recipient. It is the sole responsibility of the Purchaser to ensure that the PFTP Product is appropriate for the recipient, which includes reading product Warnings and considering the recipient’s context, age and situation as well as providing accurate shipping information for all deliveries.
Guarantee of Authenticity:
While Puzzles From The Past utilizes the knowledge and experiences of highly educated and renowned professionals, the realm of history and archaeology is constantly evolving due to new discoveries and information reconstituted to reach new conclusions. Puzzles From The Past endeavors to provide as informative and truthful an experience as possible, but utilizes fictional elements to craft an engaging story. With almost every experience, PFTP provides a Reveal to help bridge the gap between fact and fiction. We cannot ensure all information provided or alluded to during the course of an adventure is factual or up-to-date. In short, double-check your research.
Hints, Clues, & Spoilers:
We are not liable and cannot control any 3rd party information found online about our products, adventures or any content produced by PFTP. Individuals or groups who post pictures or detailed descriptions of any adventure created and delivered by PFTP will be excluded from any financial rewards or benefits that may or may not materialize through the solving of treasure hunts or adventures produced by PFTP.
Satisfaction Guarantee:
PFTP delivers experiences filled with mystery, adventure, and plots designed to entertain and educate. Due to their specialized nature, PFTP cannot guarantee the satisfaction of any individual or group of customers.
7) Pricing
Paid services are available on this Site (referred to as “PFTP Product”). By selecting a PFTP Product, you agree to pay PFTP the one time or recurring subscription fees indicated for that service. One-time payments are charged one time. Recurring payments will be charged on a pre-pay basis on the day you sign up for the Subscription and will cover the use of that service for a monthly, quarterly or annual subscription period as indicated. Subscription fees are not refundable, so you need to cancel your subscription five days in advance of your next planned payment date. Pricing found on this site is subject to change without notice. Your total price will include the price of the product plus any applicable sales tax and shipping charges. We will charge tax only in states and other territories where the goods sold over the Internet are taxable. We are not obligated to announce sales events in advance, and we will not provide refunds to Purchasers that purchase a PFTP Product at full price just before it goes on sale.
Discounts:
Discounts cannot be combined with other offers except where explicitly stated. PFTP has the right to turn discounts or promotions on or off at their discretion. Discounts cannot be retroactively applied to orders nor exchanged for alternative discounts at a future date. Prices will fluctuate based on product availability, and at the discretion of PFTP and will not be matched beyond the discretion of the Customer Support team. Shipping rates will be calculated on the total cart amount after discounts are applied.
Pricing Errors:
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 PFTP shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. PFTP 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 cancelled, PFTP shall immediately issue a credit to your credit card account in the amount of the charge.
Delivery:
Any merchandise purchased from our Site will be shipped by a third party vendor. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. In the event of a delivery error, (e.g., the wrong mailing was shipped; the mailing went to the wrong recipient) In these cases, customer service can arrange to have a replacement sent out free of charge.
Lost mailings:
When items are lost by the shipping vendor, PFTP will work to resolve the issue and ensure your items are replaced. PFTP does not provide refunds for items that go missing once delivered, however. Furthermore, all missing shipments or items must be reported within 30 days of shipping to qualify for consideration of replacement or possible credit based on product availability. If the product is available, a replacement will be shipped, and a refund will not be issued or considered.
Confirmation of delivery:
It is the sole responsibility of the purchaser to track mailings that have shipped and to monitor if they have reached the intended recipient. PFTP will provide email notifications at the time of shipping for all mailings at the email address associated with the Purchasers PFTP account, which will include tracking information on items that are tracked. The purchaser may reach out to customer support at any time during the course of the Experience in cases of stalled tracking, or issues with tracking in general, and we will assist however possible etc. If no contact has been made however before the release of the final mailing of an order, PFTP will consider the order fully fulfilled.
Damaged items:
This refers to damages to the contents of mailings that are believed to have incurred at point of origin or in transit, and must be reported by Purchaser within 48 hours after registered delivery of the mailing in question, or 48 hours after the arrival of the final mailing/reveal of a gifted experience/curiosity where tracking is applicable. Furthermore, all reported damages must be detailed and include a photo in the email submission. Damaged items will be reviewed at that time by the support agent, and a replacement will be issued only for damaged products themselves and does not cover or include packaging or shipping costs of the said item. Blemishes to packaging will not be considered as part of a damaged item. All replacements and credits/refunds will be at the discretion of customer support.
8) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items you may purchase from PFTP. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order, or we may simply charge Your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates that you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: archivist@puzzlesfromthepast.com.
Returns:
Due to the customized nature of our products, we do not refund or deal with returned items.
Lost or Damaged Goods:
PFTP does not offer refunds for damaged goods, but we will offer to replace the goods that were damaged. Please send photos and list of damaged items to archivist@puzzlesfromthepast.com and include in the title – Damaged Item.
9) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
10) DATA LOSS
The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website or Services is at your own risk.
11) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
12) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from Our Website.
14) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that you fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
16) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
17) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
18) NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through your computer system, or as a result of loss of your data from your use of the Website or Services is your sole responsibility and that the Company is not liable for any such damage or loss.
19) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
20) GENERAL PROVISIONS:
Language:
All communications made or notices given pursuant to this Agreement shall be in the English language.
Jurisdiction, Venue & Choice of Law:
Through your use of the Website or Services, you agree that the laws of the State of North Carolina shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Mecklenburg County, North Carolina. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
Arbitration:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Mecklenburg County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: North Carolina. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Assignment:
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
Severability:
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
No Waiver:
In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Headings for Convenience Only:
Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
No Agency, Partnership or Joint Venture:
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
Force Majeure:
The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Electronic Communications Permitted:
Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email us at the following address: archivist@puzzlesfromthepast.com.