User Agreement

1.    DEFINITIONS
i.    “Company” shall mean Perfectly Premeditated, its founders, partners, agents and employees.
ii.    “Site” shall mean the Company’s website.
iii.    “User" shall mean any individual, corporation, partnership, association or other group of persons, whether or not organized as a legal entity, or legal successors or representatives of the foregoing who uses or accesses the Site and/or purchases the Company’s Scripts and/or Services. 
iv.     “Services” shall mean services provided by the Company to the User including, but not limited to, party props rental, printed materials, party facilitation, decoration, video and/or photoshoot, any tailored services provided by the Company. 
v.     “Account Information" shall mean personal information about the User including, but not limited to first name, last name, date of birth, gender, email address, physical billing address, and telephone number.
vi.    "Scripts" shall mean the Company’s murder mystery party scripts and associated extras, including, but not limited to the images, templates, videos and the scripts’ content, plot and characters.
vii.    "Site Content" shall mean all object code and source code, text, graphics, multimedia content, including but not limited to the Scripts, images, illustrations, audio and video clips, html and other markup languages.

2.    INTELLECTUAL PROPERTY NOTICES

i.    The Company grants you a personal, revocable, nontransferable, and non-exclusive license to access and make personal use of the Scripts purchased pursuant to this User Agreement. This license expressly excludes any resale, commercial use and derivative use of the Site Content. Any unauthorized use shall result in such additional action as the Company deems necessary to protect and enforce its legal rights. 
ii.    The Site Content and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the Company. Except as explicitly provided herein, nothing in this User Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. No portion of the Site Content may be reprinted, republished, modified or distributed in any form without Company's express written permission.
iii.    Notwithstanding any other provision of this User Agreement, we reserve the right to remove or disable access to the Site Content, the Scripts or other materials comprising a part of the Site that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any Site Content, or other materials under this Agreement.
iv.    All copyrights in and to the Site Content and the Scripts are owned by Company and/or the third parties as specified on the Site. 
v.    Perfectly Premeditated and other trademarks, service marks, graphics and logos used in connection with the Site are trademarks of Company in Switzerland and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforementioned trademarks or service marks and any unauthorized use is strictly prohibited.

3.    FEDERAL ACT ON COPYRIGHT AND RELATED RIGHTS POLICY

If you believe the Site, the Site Content and/or the Account Information, or any portion thereof, violates any of your exclusive rights under Swiss copyright law, you must notify the Company.

4.    USER REPRESENTATIONS

By using this Site and accessing the Site Content, you accept this User Agreement and expressly warrant and represent the following to the Company:
i.    That all information you provide to the Company, including but not limited to the Account Information, is true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction.
ii.    You acknowledge that the Company is relying upon the information you provide. You agree to and hereby do indemnify the Company, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.
iii.    All representations, warranties or covenants made herein by you shall survive termination of this User Agreement.

5.    DISCLAIMER OF WARRANTIES

i.    You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Company shall not be responsible to you or others for any such interruptions, errors or problems. You acknowledge that you use the Site at your own risk. 
ii.    A possibility exists that the Site and/or the Site Content could include inaccuracies or errors, or information or materials that violate this User Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, the Site Content or the Scripts. The Company makes no guarantees as to their completeness or correctness. In the event that a situation arises in which their completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. 
iii.    The Site and any of the Services may be discontinued or changed at any time, without notice and liability for any reason, or for no reason.
iv.    To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.
v.    The Company disclaims any and all warranties for services or goods received through or advertised on the Site or received through any links appearing anywhere on the Site, as well as for any information or advice received through any links provided anywhere on the Site.

6.    LIMITATION OF LIABILITY

i.    To the maximum extent permitted by applicable law, in no event shall the Company, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Site, the Site content  the Scripts and/or the Services (the “Damages”).

ii.    The Company reserves the right to cancel the Services booked and/or paid by the User in which case the Company will not be liable for any Damages. 

iii.    To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any 

a.    errors, mistakes, or inaccuracies of content;
b.    personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site, the Site Content and/or the Services; and
c.    any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
This includes but is not limited the third-party links. We do not warrant or endorse and do not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products or services of third parties. 

iv.    In no event shall the Company’s total cumulative liability under this User Agreement exceed the total fee, if any, paid by you to the Company. Such limitation shall apply with respect to the performance or nonperformance of the Site, the Scripts or any company products or the Services, or any information or merchandise that appears on, or is linked or related in any way to, the Site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

7.    GENERAL COMPLIANCE WITH LAWS

The Site is controlled and operated within Switzerland. You agree to comply with all local, cantonal, federal and international laws, statutes, ordinances and regulations that apply to your use of the Site. We reserve the right to limit the availability of the Site and/or the Site Content and the Services to any person, geographic area or jurisdiction, at any time and in our sole discretion. We make no representation that products or the Services available on or through the Site are appropriate or available for use in locations other than Switzerland. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

8.    USER ACCOUNT, PASSWORD, AND SECURITY

As a User of the Site, you may receive or establish one or more passwords and accounts when you purchase the Scripts and/or the Services. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this or other provisions of the User Agreement.

9.    RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the Site and/or your User account without notice and liability for any reason, including if in our sole determination you violate any provision of this User Agreement or any applicable law or regulations. You may discontinue use and request to cancel your account at any time.

10.    PROPS RENTAL

The Company may rent out party props and provide printed materials necessary to run the party as per the Scripts for a separate lumpsum fee as a part of the standard packages.
i.    Condition: the Company will make a good-faith effort to provide props in the best possible condition. The User agrees to rent props in “AS IS” condition. Quantity of props are subject to availability and will be adjusted to the size of the party based on the script version chosen by the User. The User can make an appointment to view props in-person prior to rental.
ii.    Rates in case of damage or loss: the User is responsible for inspection of props and to notify the Company in writing of issues or damage to the props. The User will receive the props with an inventory list to be signed by the User. The User undertakes to return the props as described in the signed inventory list. The User is responsible for any damage to items beyond the original condition they were provided in. In the event of any damage or loss a standard fee of CHF 20 per item will be due. 
iii.    Props rental period: rental period starts at 19:00 before the date of the party as confirmed in writing by the Company and ends on 12:00 on the day after the party. There is no rate change for orders returned before the scheduled due date and time. Orders returned past due date will be subject to a late fee of CHF 40 per day. 
iv.    Props delivery and pickup: in Geneva, Switzerland, the Company will deliver and pick up the props at no separate fee. The User, their agents, or employees can pick up or return an order free of charge. Delivery and/or return courier service outside of Geneva, Switzerland may also be arranged for the User’s order, for an additional fee. The User must provide delivery date, time, and location to receive a quote.

11.    PRINTED MATERIALS

Printed materials in color are provided as per the chosen version of the script. To minimize the wastage of paper, the Company provides part of the materials in a laminated form. All laminated materials should be returned by the User to the Company at the end of the rental period along with the props. The same conditions apply to the printed laminated materials as to the props (Art.12).

12.    PARTY FACILITATION

The Company may facilitate parties for a separate lumpsum fee as a part of the standard packages.
i.    Number of facilitators: depending on the package chosen one or two facilitators will come to facilitate the party.
ii.    Duration: the facilitator/s will arrive at the agreed time of the beginning of the party. The facilitator/s will be available to facilitate the party for a maximum duration of 4 hours included in the standard package. Each additional hour will be billed pro rata at a rate of CHF 50 per facilitator. If the User informs the Company in advance that the User will require facilitation of longer than 4 hours the Company will provide a specific quote based on the preferences of the User.

13.    PAYMENTS

The Company accepts all major credit cards. We also accept payments made through Paypal. 

14.    CURRENCY 

fees and prices appearing on the Site are based on Swiss Francs. Payments for any purchase made on or through the Site shall be made to the Company in Swiss Francs.  

15.    AGREEMENT TO PAY 

i.    You agree to pay for all fees and charges incurred in relation to purchase of the Scripts and/or the Services provided by the Company. Your credit card issuer agreement governs the use of your designated card account in connection with any fee or purchase. You must refer exclusively to such issuer agreement, and not this User Agreement, to determine your rights and liabilities as a cardholder. 
ii.    When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
iii.    The prices we charge for using the Scripts and the Services as are listed on the Site. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. 

16.    REFUND POLICY 

i.    The Company does not offer any refunds or exchanges for the Scripts.
ii.    The Company will refund 100% of an amount paid for the Services by the User in case the Services are cancelled by the User 30 days before the date of providing the Services, as confirmed in writing by the Company to the User. 
iii.    The Company will refund 50% of an amount paid for the Services by the User in case the Services are cancelled by the User 15 days before the date of providing the Services, as confirmed in writing by the Company to the User. 
iv.    No refunds for the Services will be offered in case the Services are cancelled by the User less than 15 days before the date of providing the Services, as confirmed in writing by the Company to the User. 
v.    The Company will refund 100% of an amount paid for the Services by the User in case the Services are cancelled by the Company and no agreement was reached between the Company and the User on an alternative date for the provision of the Services.

17.    APPLICABLE LAW AND JURISDICTION

This Agreement shall be deemed to have been made Geneva, Switzerland, and it shall be governed by the substantive laws of Geneva, Switzerland, without regard to any applicable conflict of laws provisions. The legal relationship between you and the Company is subject to Swiss law only. 

18.    BINDING ARBITRATION

i.    Subject to exceptions specified herein, if you and the Company are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration. 
ii.    A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, the Company will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Geneva, Switzerland. 
iii.    The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator. 
iv.    Exceptions to the use of binding arbitration are as follows: the Company may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court in Geneva, Switzerland.

19.    SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site, the Scripts and/or the Services (“Submissions”) provided by you to the Company are non-confidential and shall become the sole property of the Company. You hereby assign to the Company all exclusive rights, including all intellectual property rights, to the Submissions and the Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.

20.    MISCELLANEOUS

i.    No breach of this User Agreement by the Company shall be deemed material unless the party alleging such breach shall have given the Company written notice of such breach, and the Company fails to cure such breach within thirty (30) days after its receipt of such notice.
ii.    All notices required to be sent to the Company under this User Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, Chemin de la Chevillarde 16, 1208 Geneva, Switzerland.
iii.    All notices, statements and other communications required to be sent to you under this User Agreement shall be sent by email to perfectlypremeditated@gmail.com.
iv.    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Site Content or any Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
v.    You agree to defend, indemnify and hold the Company harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (i) your breach of the terms and conditions of this User Agreement, (ii) your use of the Site, and/or (iii) the use of the Site by any other person using your Account Information. 

21.    RIGHT TO CHANGE AND MODIFY THE USER AGREEMENT

The Company reserves the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the User Agreement in a material manner, we will notify you that material changes have been made to the User Agreement. Your continued use of the Site or our service after any such change constitutes your acceptance of the new User Agreement. If you do not agree to any of these terms or any future version of the User Agreement, do not use or access (or continue to access) the Site, the Content, the Scripts and/or the Services. The valid version of the User Agreement at the time of accessing the Site and purchasing of the Scripts and/or the Services.