Terms of Service

Last Updated:  November 2, 2016

Terms and Conditions for the Online Sale of Goods and Services

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MOBILE GAMEDEN, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.

Terms

  1. These terms and conditions (these “Terms“) apply to the purchase and sale of products and services (“Products”) through https://mobilegameden.com (the “Site“). These Terms are subject to change by Mobile Gameden, Inc. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any Products or Services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
  2. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Products through this Site.
  3. We offer many types of Products and Services on the Site, and the Terms to your account may vary depending upon the type of Products you have selected and/or promotions at the time of purchase.
  4. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Returns and Refunds

Services

Mobile Arcade, Lazer Warfare, Moonlighter Movies, Color Party! event services, Miyagi’s Wax Hands! event services, Create-A-Critter event services: Although payment is due at the time of booking, a deposit of 50% of the total is non-refundable. Partial refunds (50%) are provided if cancellation is made by you prior to the full two weeks preceding the scheduled event. No refunds are provided if cancellation is made by you within fourteen (14) days or less of the scheduled event. You must call or email to cancel.

Products

Color Party! Powder: If for any reason you are not satisfied with your purchase, you may return it before the date of your event. The shipping box should be undamaged and the bags of colors inside unopened. Please ship your merchandise pre-paid and insured for the full purchase price to the address indicated on your packing slip. Your packing slip must accompany your return. All returns are subject to inspection by our Quality Assurance team before a refund is processed. We will credit your original method of payment excluding delivery charges within 3 weeks of receiving your return.

Color Party! Shirts, Sunglasses, Bags, Temporary Tattoos, Bandannas, and other specialty branded products: Due to the nature of these items, no refunds will be provided. Items are specifically branded for your event with your provided logo and event name. Unfortunately, since we have no way to re-purpose these items there is no refund available. Please make sure that you are firm on your event intentions prior to placing an order.

Miyagi’s Wax Hands!: No refunds are provided for custom made wax hand molds or wax dipped, scented rose creations.

Create-A-Critter: If for any reason you are not satisfied with your purchase, you may return it prior to use. The shipping box should be undamaged and the bags inside unopened and with tags not removed, if applicable. Please ship your merchandise pre-paid and insured for the full purchase price to the address indicated on your packing slip. Your packing slip must accompany your return. All returns are subject to inspection by our Quality Assurance team before a refund is processed. We will credit your original method of payment excluding delivery charges within 3 weeks of receiving your return.

Mobile GameDen, Inc. is not responsible for merchandise that it does not receive or that is not returned in accordance with these terms.

No returns will be accepted simply because the product did not arrive on time and recommend customers order their goods at least three weeks prior to an event. If the client did not allow enough time for the carrier to deliver (4-6 days in USA) the client cannot return goods to us after the fact.

Inclement Weather Policy

Services cancelled due to severe weather will be postponed and rescheduled at a mutually agreed upon date and time. Mobile GameDen, Inc. reserves the right at its sole discretion to determine what constitutes severe weather.

Prices and Payment Terms

  1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Your total price will include the price of the Product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Product. We will charge tax only in states and other territories where the Products sold over the internet are taxable. As of the above referenced date, there are no taxes applied to your total for online booking of: 1) mobile arcade, 2) Lazer Warfare, 3) Moonlighter Movies. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  2. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Except as explicitly permitted through this Site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalog, aggregate or create derivative works from discount codes received on or from this Site.
  3. The following terms may be used by us to communicate pricing information:
        1. MSRP price” references the manufacturer’s suggested retail price.
        2. Price or fee” references our normal price for a product or service.
        3. Sale” refers to a reduced price for a product or service.
        4. Clearance” refers to a reduced price for a Product or Subscription Service that will be discontinued.
  4. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover, PayPal, and most debit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order; (v) you are responsible for any fees or charges your issuing bank or credit card provider may charge you; (vi) if your payment is returned for any reason, we may bill your account again directly and seek payment by another method, including a mailed statement. Services provided outside of our Services Area may be assessed a surcharge.
  5. By placing an order and providing your membership and credit card information, you represent and warrant that you authorize Mobile Gameden, Inc. to charge your credit card (including shipping and any applicable tax, if any) for any Product and/or Service purchased at the time you submit your order. You must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order.
  6. If your credit card or other payment method is invalid, your order will automatically terminate without notice.

Shipments; Delivery; Title and Risk of Loss

  1. We will arrange for shipment of the Products. Unless otherwise stated, we will pay all shipping and handling charges specified during the ordering process for shipments related to Subscription Service orders only. You will pay all shipping and handling charges specified during the ordering process for shipments related to Product purchases.
  2. Title and risk of loss pass to you upon our transfer of the Products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  3. Products are shipped to the address you provide. You must provide us and keep us up-to-date with accurate contact information, including name and shipping address.

Color Powder Safety Related Information From Our Supplier

Do not throw powders directly into anyone’s face. Sprinkle or stroke them on with finger tips. Anyone with breathing issues should stay away from the thick of the dust, wear a dust mask, or avoid all together. Even for those without breathing issues eye wear and dust protection is never a bad idea. Wherever children are present, adults should monitor.

Safety Information: In its natural state (99 per cent corn starch) color powder is safe from ignition. However, when disbursed at high velocity and then intersecting unnaturally hot elements over 500 degrees, like camera lights, stage lights, cigarettes, fireworks or open flames, a combustible situation can occur. The same can be said of many household staples, like milk powder, sugar, flour, and dairy creamer. Use the product safely as intended, and has been used for thousands of years in India, as well as for thousands of color runs and celebrations in the west. 1) separate from any unnatural heat not created by the climate 2) manually toss outside in open air (avoid pressurized canisters). If anyone distributes this product to a third party, it will be their responsibility to pass this safety information on. Have fun, happy, and safe events!

Like all organic and most dry chemicals, as a powder or dust, this product (when mixed with air in critical proportions and in the presence of an ignition source) may present an explosion hazard. The minimum ignition temperature reported for dry cornstarch, through 200 mesh, is 380°C (716°F). Avoid open lights, flames, smoking materials, hot coals of any type or welding in area of product. Not recommended for indoor usage. Outdoor usage in well ventilated open space. Water spray, foam and dry chemical are the best choices for fire suppression. Use of water jet many cause explosive dust conditions. Do not use CO2 (carbon dioxide fire extinguishers) for outdoor dust fires. CO2 fire extinguishers are ineffective at extinguishing outdoor dust fires because they may not be able to displace enough oxygen to successfully put the fire out and they can cause the dust to spread, smolder and re-ignite.

The use of misters is a highly effective method for reducing dust while also creating an open air cooling effect for outdoor events. Misters can be purchased at most big box stores or larger portable systems are available as rental items. Misters reduce dust in the air by trapping dust in water particles and causing it to fall out of the air.

Warranty and Disclaimers

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability

WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTIBILITY AND COMPLIANCE FROM THE MANUFACTURERS, AND/OR OUR DISTRIBUTORS AND SUPPLIERS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

Products Not for Resale or Export

You represent and warrant that you are buying Products or Services from the Site for your own personal or household use or as a gift only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of Products or Subscription Services through the Site.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule whether of the State of Kansas or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of Kansas.

Submitted Materials and Ideas

While we appreciate your interest in Mobile Gameden, Inc. and our businesses, Mobile Gameden, Inc. does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Mobile Gameden, Inc. might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts or other information or material disclosed or offered to us by you through the Site or Applications, including in response to any solicitations from Mobile Gameden, Inc. (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

Pre-Arbitration Dispute Resolution

For all disputes, whether pursued in small claims court or arbitration, you must first give Mobile Gameden, Inc. an opportunity to resolve the dispute. You must commence this process by mailing written notification to Mobile Gameden, Inc. That written notification must include (i) your name; (ii) your address; (iii) a written description of the dispute; and (iv) a description of the specific relief you are seeking. If Mobile Gameden, Inc. does not resolve the dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your dispute in arbitration or small claims court.

Dispute Resolution and Binding Arbitration

YOU AND MOBILE GAMEDEN, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  1. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12.(The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
  2. The arbitrator will have exclusive authority to resolve any dispute relating to arbitration and/or enforceability of this arbitration provision, including any challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay their own arbitration fees. You may elect to pursue your claim in small-claims court rather than arbitration if you have first exercised the provisions in Section 12 and provide us with written notice of your intention do so within 60 days of failure of Section 12. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
  3. You may elect to pursue your claim in small-claims court rather than arbitration if you have first exercised the provisions in Section 12 and provide us with written notice of your intention do so within 60 days of failure of Section 12. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
  4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MOBILE GAMEDEN, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mobile Gameden, Inc.

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

  1. To You – We may provide any notice to you under these Terms by: (1) sending a message to the email address you provide or (2) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  2. To Us – To give us notice under these Terms, you must contact us by overnight courier or registered or certified mail to Mobile Gameden, Inc., 14164 SW 50th St., Benton, KS 67017. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement

Our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.