smoke & Mirrors Mysteries

​

TERMS & CONDITIONS

​

 

Welcome to the Smoke & Mirrors Mysteries LLC Terms and Conditions of Use and Service (the “Terms”). Please read this agreement carefully. These Terms set forth the terms and conditions under which you may use any of our Sites (such as the website, mobile application, social media channels, email, or any other portals or communication avenues – the “Sites”) and services and/or goods as offered by us. By using (including but not limited to accessing, viewing, purchasing from, interacting with, or using any product or service provided or enabled by) any of the Sites owned and operated by Smoke & Mirrors Mysteries LLC or any subsidiaries or affiliates (the “Company”, “we”, “us”, “our”), you approve that you have read, understand, and agree to the following Terms and are in agreement with them and agree to be bound by them. 

​

REGISTRATION & ACCESS

We may require you to register for an account on our Sites in order to access the features or functionality or our Sites, services, and/or goods. By setting up an account, you represent that you are providing accurate, complete, current information, will maintain and update the information as needed to ensure its accuracy, will keep your account credentials secure and not share or publicly store them, are fully responsible for the actions or activities of any third party who accesses the Sites on your behalf or using your credentials, and you will notify the Company immediately of any security breaches you may become aware of as related to the Sites or your account. If you provide any information that is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and refuse any/all current and/or future use of our Sites, services and goods. You also represent that you will not create an account using false information or identity or for someone other than yourself. You agree not to create an account or use the Sites, services or goods if you have previously been suspended, terminated, or removed by the Company. The Company will not be liable for any acts or omissions by you, including damages of any sort incurred as a result of such acts or omissions.

 

Additionally, you represent that you agree to receive electronic communications from the Company by email or through posted notifications to the Sites. You agree that all electronic notifications sent by the Company satisfy any legal communication requirements and you will be responsible for maintaining your own copies of such communications by printing them out on paper or saving an electronic copy. 

 

ELIGIBILITY

In order to use our Sites, you must be at least 18 years of age or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use the Sites and/or receive services and/or goods if doing so is prohibited in your country or under any law or regulation applicable to you.

​

The Sites and all services and goods provided by the Company are intended for use by people of legal age (18 years old). “You” refers to the individual or legal entity identified as the user when you registered for the Sites, services, or goods. You represent that you are (1) at least 18 years of age to form a binding contract with the Company, and you (2) have the authority to enter into the Terms personally and to bind you to the Terms, and you (3) have not been previously suspended or revoked from the Sites. 

 

If at any time you no longer agree to the Terms, you are required to cease access to and usage of the Sites. You may no longer order, receive or use services or goods made available through the Sites. 

 

NEW OR ENHANCED FUNCTIONALITY

The Company may test new functionality (services, goods, features) in addition to making updates to the customer interface. We reserve the right to include or exclude you from these tests without notice or consent. We also reserve the right to revise the services and goods available via the Sites, including changing, suspending, or discontinuing any aspect of them or the Sites themselves, without any prior notice or warning and at our sole discretion. Your continued usage of the Sites serves as acceptance of any such changes.

 

PRIVACY POLICY

The Company has a separate Privacy Policy which is posted on the website at www.smmysteries.com/privacy-policy. Please refer to it to learn how we collect, use, and disclose customer information.

 

PURCHASER EXPECTATIONS

As the buyer of our services or goods, you are solely responsible for any and all distress, liability, civil risk, or damages irrespective of whether such damages were foreseeable or arise in a contract, tort, equity, restitution, by statute, at common law or otherwise, that may arise on the part of the actual services or goods recipient. It is your sole responsibility as the purchaser to ensure that the product is appropriate for the recipient, which includes all disclaimers and warnings in these Terms as well as any product labels, in consideration with recipient’s context, age, and situation as well as providing accurate shipping information for all deliveries. 

 

When buying a service or goods, you agree that you (1) are responsible for reading the full service or goods listing before making a commitment to buy it, and (2) you enter into a legally binding contract to purchase service or goods when you commit to buy the service or goods and complete the check-out payment process.

 

No services or goods will be released or shipped until payment is received in full. The Company does not provide options to purchase on company issued credit or lay-away. 

 

In the case of a gift purchase, the Company may disclose the name of the purchaser (you) as it deems necessary. This may occur in the event the recipient contacts us inquiring about the purchase or if we are asked to do so by law enforcement. 

SPOILERS

The Company is not liable, nor can it control, any third-party information that may be found online or via other channels about our services or goods, the customer experience, or any content produced or offered by us. The seeking, receiving, and/or consuming of this information is at the sole discretion of the purchaser or recipient, and we cannot be responsible for the truth, accuracy, or relevancy of such information as well as how it may positively or negatively impact your experience. These Terms apply whether you are the purchaser and/or player (the person using the services or goods) or to someone else if you give or receive the services or goods to a third party. 

​

PRODUCTS/SERVICES, PRICING, DICSOUNTS, AVAILABILITY, CANCELLATIONS, SHIPPING

1. PRODUCTS/SERVICES/GOODS – The Company may offer physical products, accessories, or other services and goods including but not limited to one-story boxes, multi-box series, subscriptions, merchandise, swag, special or limited release items, extra or additional story content or items, or additional electronic services or goods. The Company does not guarantee that all services or goods will be available at all times and may add, alter, or discontinue the offering of any such item at any time without any prior notice or warning. 

2. PRICING – The prices we charge for our services and goods are displayed on the Sites; these prices for services or goods available for purchase represent retail price and are not inclusive of any taxes, fees, shipping, or handling charges. Any taxes, fees, shipping, or handling charges will be communicated to you before you place an order, and all prices displayed on the Sites are quoted in U. S. dollars. Services or goods in your shopping cart reflect the current price, which may differ from the price displayed when the service or good was added to your shopping cart. We reserve the right to change prices at any time as we determine necessary at our sole discretion and without notice and to correct pricing errors that may inadvertently occur. Should a service or good be listed at an incorrect price or with incorrect information due to typographical error, pricing error, or service/good error, the Company has the right to cancel or refuse any order place at the incorrect price or otherwise error. This holds true even if you have already paid for the order; in this event, the Company will issue a full refund in the same amount which you paid using the same method by which you paid it. The Company may at times offer sales or discounts on services or goods; we are not obligated in any way to announce this to you ahead of time or even during the promotion; you may need to check the Sites for such events and corresponding pricing discounts. Sales and discounts are not guaranteed to happen, and in the case existing inventory is exhausted, the sale or discount may be discontinued at any time without prior warning or notice for any reason. The Company will not issue a refund if a service or good is purchased at full price within two weeks before it goes on sale or is discounted. We will not be able to notify you of changes to any applicable taxes. 

3. DISCOUNTS – If a discount is offered, it cannot be combined with any other offer or discount unless explicitly stated in writing on the Sites. Discounts can be stopped at the discretion of the Company at any time. Discounts are not retroactive and will not be applied to previously purchased services or goods or exchanged for alternate services or goods after purchase. Prices for our services and goods may fluctuate based on inventory, component availability, and/or at the discretion of the Company. Prices will not be matched from one sale to another. 

4. AVAILABILITY – All of our services and goods are subject to availability, and we make no promise that all items will be available at all times. We also reserve the right to impose quantity limits, reject all or part of any order, discontinue offering certain services or goods, and substitute services or goods (including but not limited to individual box items, pieces, parts, and/or ingredients) without prior notification. Our goal is to provide a high-quality service or good, so due to market conditions beyond our control, we may have to make substitutions occasionally. Contact the Company at help@smmysteries.com if you are unhappy with a substitution, but be informed that we do not guarantee a refund or replacement or that any other form of action will be taken. 

5. CANCELLATIONS – All sales are final. If you have ordered something in error, contact our customer service team at help@smmysteries.com. The Company does not, however, guarantee that any request for cancellation will be honored. 

6. SHIPPING – Any service or good purchased from our site that requires delivery to your home or specified address will be shipped via a third-party carrier. As a result, title and risk of loss or damage for such service or good transfers to you upon handoff from us to the carrier. The Company is not able to influence the speed of delivery; any estimates provided on the Sites are not guaranteed and delivery may be shorter or longer in duration. Shipping to PO Boxes is not permitted. All orders will be reviewed for shipping restrictions and if necessary, you will be contacted by customer service for any special shipping arrangements or considerations. Shipping and handling fees and costs are the sole responsibility of the purchaser unless explicitly noted otherwise on the Sites. 

 

RETURNS & REFUNDS

The Company generally does not accept returns or issue refunds. Due to the unique nature of our services and goods, returns for opened services or goods renders them useless. Exceptions may be made on an individual case basis in such circumstances that a duplicate service or good is ordered in error or received as a gift, and that same service or good has remained unopened and unused and in new, undamaged, unaltered condition in the original, undisturbed packaging and is within 30 days of purchase. Even in this situation, we make no promise of a return being accepted. Each case will be evaluated, and you must contact the Company at help@smmysteries.com and explain the situation, at which time it will be reviewed for determination of next steps. If services or goods are unopened and unused, a refund may potentially be granted depending upon the outcome of the review. If this is the resolution offered by the Company, a refund will be issued in the form of the original payment method pending you provide the original receipt/gift receipt and return the product to us in the aforementioned condition at your own expense (i.e., you must pay for any shipping and/or handling charges). Opened, used, altered, or damaged services and goods will not be candidates for return or refund. In addition, please note that services and goods can only be returned in the country in which they were originally purchased. If the Company sends an incorrect item, contact us at help@smmysteries.com to initiate a replacement request. Your original order will be reviewed, and proof of the incorrect item will be required before any action will be considered. 

​

LOST OR DAMAGED GOODS

The Company does not refund for goods that are lost or damaged once they leave our physical premises. If you receive a damaged item, send a picture within one week along with a description to our customer service team at help@smmysteries.com to determine next steps. The Company does not guarantee a refund or replacement in any circumstance. The Company will not consider inquiries where the complaint is damage to outer packaging when all contents are intact and unharmed. If a component is damaged, the Company has the right to send a replacement of that item only after photos of the damage have been received and will not replace the entire service or good in its entirety. The Company is not responsible for replacement or refund of any item which has been delivered and subsequently misplaced, discarded, or destroyed once it has been deemed “delivered” by the carrier or if you have provided us with an incorrect shipping address. If an item is lost by the third-party carrier, meaning it is not indicated as having been delivered, you must notify the Company at help@smmysteries.com, at which time our customer service team will begin the process of resolving the issue.

​

CONFIRMATION OF DELIVERY

As the purchaser, it is your sole responsibility to track your purchases to ensure they have shipped and monitor progress to ensure the purchase reaches you or the indicated recipient. You may contact us if you feel your order is stalled or there seems to be a tracking discrepancy, and we will assist as best we can. In the event of a subscription, if no contact has been made to the Company within 10 days after documented delivery of the first installment service or good, the Company will consider the order fulfilled without any issue or discrepancy. 

 

RIGHT TO CHANGE OFFERING

The Company may change or stop providing the services or goods its offers at any time without prior notification. We may discontinue any features of or options for the services or goods we offer, and we may create limits for the services or goods. We may permanently or temporarily terminate or suspend access to the services or goods without notice or liability for any reason or for no reason.

 

WARRANTY

The company does not provide a warranty on the services or goods it offers due to the unique nature of the services and goods. All offerings, as well as the Sites on which they are offered, are provided on an “as is” basis without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Sites, content and services and goods, any warranties that arise from trade usage or custom, and any warranties that the Sites or services or goods will be free and clear from any adverse lien or security interests.

​

Additionally, material and content displayed on the Sites is provided without any guarantees, conditions, or warranties in relation to any statements, comments or representations made. Unless expressly stated to the contrary to the fullest extent permitted by law, the Sites, the Company, our suppliers, content providers and advertisers (if applicable) hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages of any nature whatsoever, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or health and safety, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Sites and linked sites (if applicable) and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

​

OWNERSHIP OF INTELLECTUAL RIGHTS, COPYRIGHTS, LOGOS

The services and goods, 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 these Terms 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. 

 

RESALE

Reselling or otherwise repurposing and selling our services, goods, or any part of a service or good for commercial purposes is strictly prohibited. 

 

UPLOADING OF MATERIAL OR COMMUNICATIONS VIA THE SITES

You recognize and agree that by uploading any material, regardless of content or type, through any means to the Sites, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website and that you will not contribute any content or otherwise use the Sites in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; violates any law, statute, ordinance or regulation; is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; involves commercial activities and/or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; impersonates any person or entity, including without limitation any employee or representative of the Company; or contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. The Company reserves the right to remove any content from the Sites at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Sites, and you warrant that you possess all necessary rights to provide such content to the Company and to grant the Company the rights to use such information in connection with the Sites and as otherwise provided herein. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Sites, or any processes that run or are activated while you are not logged on to the Sites, or that otherwise interfere with the proper working of or place an unreasonable load on the Sites’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl”, “scrape”, or “spider” any page or area of the Sites is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Sites.  

 

FEEDBACK

The Company welcomes feedback in the form of questions, comments, ideas, and suggestions. You agree that upon submission of any of these types of feedback, including creative and/or original material or content, the feedback is non-confidential and becomes the sole property of the Company. The Company then holds the exclusive rights, including and without limitation, all intellectual property rights, and is entitled to the unrestricted use and distribution of the feedback for any purpose, commercial or otherwise, without acknowledgement or compensation or royalties to you. 

​

RIGHT TO SUSPEND OR CANCEL ANY ACCOUNT

We may permanently or temporarily terminate or suspend your access to the Sites without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. We will not cancel part way through a subscription period and issue a refund if it is prepaid; the account will be discontinued after the cycle which is pre-paid is complete.

 

INDEMNIFICATION

You agree to indemnify and hold the Company harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Sites or any of the services or goods offered by the Company.

​

LIMITATION OF LIABILITY

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, claims, demands, losses, and actions, including reasonable legal fees and costs, damages for loss of profits, goodwill, use, data or other intangible losses, damages or liabilities for bodily injury, sickness, disease, loss of capacity, death, or damage to property, arising out of or relating to the use of, or inability to use, the services or goods offered by the Company. 

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services or goods; and any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

RIGHT TO CHANGE AND MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this Terms periodically, and you represent that you agree to do so and understand that the Company is not liable to notify you at any time of revisions to the Terms. Your continued use of the Sites or our services or goods after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Sites or the services or goods.

 

We reserve the right to revise the services and goods available on the Sites and to impose rules for and limits on the use of the Sites or to restrict your access to any or all of the Sites without notice. We reserve the right to revoke access at any time for any reason, including as a violation of the Terms, without prior notice – including membership, if applicable. 

 

PROMOTIONAL EMAILS & CONTENT

You agree to receive promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – you must notify us and will not hold us liable for such communications and/or materials before such time. 

​

CUSTOMER SUPPORT

All questions about these Terms, the Privacy Policy (available on www.smmysteries.com), our services and goods, or anything else related to the Company, should be directed to our customer support team at help@smmysteries.com. We will make every reasonable attempt to answer your question within one to two business days.

​

MISCELLANEOUS

These Terms constitute the entire agreement between you and Smoke & Mirrors Mysteries LLC relating to your access to and use of the Sites and your order, receipt and use of services and goods. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

 

VERSION INFORMATION

Terms and Conditions V1.0 – Released September 2021