Terms and Conditions of Use
Welcome to Mystery!
Mystery is owned and operated by MYSTERY, INC.
These are the terms and conditions for:
• Mystery App
The following terms and conditions apply to your use of the platform. This includes the mobile and tablet versions, as well as any other version of Mystery accessible via desktop, mobile, tablet, social media or other devices.
PLEASE REVIEW AND READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION OR OBTAINING ANY SERVICES OR CONTENT FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of Mystery. By registering and using the Platform, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you must not use the Platform and stop using the Service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the platform. You agree to be bound by any modification of these terms and conditions when you use Mystery after such modification is posted on the platform and herein; therefore, it is important that you review this agreement regularly.
The Platform is not directed to persons under the age of 18. Mystery does not knowingly collect information from persons under the age of 18 or allow them to create an account or access the features of the website. If you are under 18, please refrain from using our website and services.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Mystery may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
If you wish to become a user, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the Platform as a User, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Mystery and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete (c) own the rights to the content to enable you to post and offer the content on the platform. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, Mystery reserves the right to suspend or terminate your account, remove your content from the platform and refuse any and all current or future use of the service (or any part thereof) at any time without notice if Mystery believes that you have violated any provision of these terms. You represent and warrant that the content you post on the Platform complies with all applicable laws and regulations.
Users may share personal and commercial information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. Mystery is not responsible for the information posted and shared through the platform. The information you provide and post through the platform will be visible to the general public.
If you register with Mystery, you will be asked to choose a password, and you may be asked for additional account information such as your full name and e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Mystery of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without Mystery’s prior authorization. Mystery will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing your email address to Mystery, you agree that we may use your email address to send you notices related to your use of the platform. We may also use your email address to send you notifications, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your opt-out request through the contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason through the account settings on the platform or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all content provided to Mystery through the platform and personal data provided to Mystery.
Mystery reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Mystery believes that you have breached any of these Terms, provided Mystery with false or misleading information, or interfered with other users’ use of the Platform or the Service.
2.3. Subscriptions and content
Creators may offer their content through paid subscriptions or they may offer content for a one-time fee. Creators will be able to select the type and number of subscriptions they will offer through their profile and the content they will offer in each subscription. Creators will be able to choose between one-time paid content and recurring paid subscriptions in certain time periods (weekly, monthly, yearly, etc.). The content of the subscriptions and paid content is the sole and exclusive decision of the creators.
Mystery does not direct, represent or control the content included in the content and subscriptions offered through the platform by the creators. The Creator may, in its sole and unfettered discretion, decide what content to offer in subscriptions and content through its user profile. The Creator may also determine the price of the content and subscriptions and the billing period for each subscription.
Remember that minors under the age of 18 are not allowed to use the platform. Make sure you do not have subscribers under the age of 18.
Creators will pay a commission of (15%) to Mystery of the total amount paid by subscribers for each subscription or content purchased through the platform.
Subscriber payments for subscriptions or content purchased through the platform, less Mystery’s commission, will be credited to each Creator’s account. The Creator may request withdrawal of funds through the payment processors available on the platform according to their payment and withdrawal details. Withdrawals will have a processing time of 3 business days after the Creator requests the withdrawal. From each payment made for subscriptions and content packages by subscribers, Mystery will deduct (15%) corresponding to the commission for the use of the platform and the remaining amount will be credited to the Creator’s account. The commission value will be deducted from each payment made by Subscribers for subscriptions or paid content before any deduction for applicable fees or taxes. Please note that commissions will also apply to tips sent by users to creators.
2.5. User Content
User creators will be able to upload and provide content to the platform for monetization. User creators will be able to determine whether their content is paid or free and will be able to determine whether to offer the content through subscriptions or through a one-time payment. User creators will be able to receive support from users through tips or donations. User creators are solely and exclusively responsible for providing or submitting the content they offer once users purchase content or subscriptions. The user creator retains the copyright or any other rights they may have to the content they provide through the platform. Mystery is not responsible for the accuracy, safety or legality of the content posted on the platform by the creators. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the user grants Mystery a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user’s content for the sole purpose of displaying it through the platform and to the general public.
2.6. Community Guidelines
Mystery disclaims all liability in connection with the content of the User creator. The User Creator is solely responsible for the content and the consequences of providing content through the Platform. By providing User Content through the Platform, you affirm, represent and warrant that:
– You are the creator and owner of the content you provide through the platform, or you have the necessary licenses, rights, consents and permissions to authorize Mystery to publish and display your content through the platform.
– Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) slanders, libels, defames, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes Mystery to violate any law or regulation.
– Your User Content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
– Your User Content does not and will not contain hateful content, threat of physical harm or harassment.
In addition to the above representations and warranties, the creator is prohibited from providing and posting the following types of content:
– Content that depicts, promotes, facilitates or solicits (actual, simulated or implied) sexual activities with minors, incest, zoophilia, violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic or hard bondage abuse, weapons (unless obviously fake), asphyxiation, extreme fisting, genital mutilation, necrophilia.
– Content involving blood, scatology, vomit or excrement.
– Any content that includes any individual who has not consented to such content (a) being taken, captured or memorialized in any way, or (b) being posted, uploaded or shared on Mystery.
– Content that depicts or promotes illegal or illicit drugs.
– Content that depicts or promotes suicide or self-harm.
– Any content that depicts illegal behavior or that may be considered obscene under applicable law.
– Any content that depicts any person under the age of eighteen (18).
– Any content posted with the intent to extort money or other benefit from a third party in exchange for removal of the content.
– Any content that uses or promotes sweepstakes, lotteries or games of chance and gambling.
– Any content that offers employment.
– Any content that violates anti-discrimination laws.
– Content posted with the intent to collect phone numbers, addresses, last names, email addresses, URLs, geographic location or any other personal information of users or third parties without their consent.
Any violation of these terms and conditions or the posting of prohibited content on the platform may result in the removal of the content on the platform and the suspension of the user’s account.
2.6. Monitoring of Content
If you wish to become a user, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the Platform as a User, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Mystery and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, Mystery reserves the right to suspend or terminate your account and refuse any and all current or future use of the Platform at any time without notice.
Users may share personal and commercial information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. Mystery is not responsible for the information you provide and share through the platform. The information you provide and share through the platform is the sole and exclusive responsibility of the users.
If you register with Mystery, you will be asked to choose a password, and you may be asked for additional account information such as your full name and email address. Users will be able to sign up through their Google Accounts. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mystery of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without Mystery’s prior authorization. Mystery will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Mystery with your email address and phone number, you agree that we may use your email address to send you notices about services and products posted on the platform. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your opt-out request through the contact information or by using the “unsubscribe” option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason through their account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal information provided to Mystery.
Mystery reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Mystery believes that you have breached any of these Terms, provided Mystery with false or misleading information, or interfered with other users’ use of the Platform or the Service.
Subscriptions will be offered by the user creators, who will determine the terms, pricing and features of each subscription. By placing a subscription order, you offer to purchase the subscription for the price advertised on the Platform, in accordance with the features offered on the Platform. Please check the price and features of each subscription before placing an order.
When a user purchases a subscription, Mystery will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of payment and initiation of the subscription. If the user does not receive the email, it may have been sent to their spam folder.
Subscriptions may include automatic recurring payments. You authorize Mystery to renew your subscription and to charge you on a recurring and progressive basis. The subscription billing date is the date you make your first payment. On the subscription billing date, your account will be automatically debited for all applicable fees for the next subscription period. The subscription will continue until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill the recurring subscription fee via the payment method you indicate to us during the purchase of the subscription.
Subscriptions will automatically renew for an additional period unless cancelled prior to the next payment. If the user wishes to reactivate the subscription, a new subscription must be purchased.
3.4. Purchases and Tips
Users may purchase content from User Creators or may send tips in support of User Creators through the Platform. By making a purchase, you offer to purchase the content offered by the user creator for the price advertised and indicated on the platform at the time of purchase. Please check the features and specifications of the content before placing an order. If the user wishes to send a tip to a creator user, the user may determine the amount of the tip and make the payment through the platform.
When a user places an order for the purchase of content or sends a tip to a user creator, Mystery will send an email to the user to confirm the transaction. This confirmation email will be produced automatically so that the user will have the confirmation of their purchase or the sending of the tip to the corresponding user creator.
The price of subscriptions and content offered and published on the platform shall be determined by the user creators. The contents and subscriptions and the price of the contents and subscriptions will be available on the page or profile of each user creator. The pricing of content and subscriptions is subject to the policies of each user creator.
Mystery will use reasonable efforts to keep the pricing information posted on the platform up to date. We encourage you to periodically check the platform for updated pricing information. We will always strive to keep the prices on the platform accurate. However, from time to time pricing errors may occur, including but not limited to human, mechanical or similar errors. If a pricing error is discovered, the user will be informed of the error. User will have the option to reconfirm the purchase at the correct price. The user also has the option to cancel the purchase if not satisfied with the correct price.
If you find any inconsistencies in your billing, please contact us through our contact details or you can file a complaint through the customer service of the relevant payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a variety of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or entering an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment data will be treated and protected securely and for the sole purpose of processing transactions within the platform and will be handled, stored and secured by the respective payment processors. Mystery reserves the right to engage any payment platform available on the market, which will process your payment data for the sole purpose of processing transactions within the platform.
4. DISCLAIMER OF LIABILITY
Content posted by creators on the platform is not offered or provided by Mystery. Mystery’s services are limited to providing the platform for offering and publishing such content. Mystery is not at any time responsible for the content offered by the creators on the platform.
Mystery is not responsible for the accuracy, safety or legality of the content posted on Mystery by creators on the platform. Mystery is not responsible for the content posted through the platform by user creators.
Mystery makes no representations whatsoever about the content that creators offer and publish through the platform. The purchase of content and subscriptions is at your own risk and responsibility.
Disputes arising between users will be resolved by the users themselves. Mystery does not accept any claim in relation to the contents published on the platform by the creators.
Mystery is not liable for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall upon a natural person, as a consequence of the communications established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another user or users, each and every user involved in such claims or actions shall hold Mystery harmless from any liability.
5. THIRD PARTY MATERIALS.
“Third Party Materials” means any content, images, videos, text or other material that is owned by a third party, such as stock images, videos and text. Such Third Party Materials are subject to applicable third party terms and licenses, and may only be used as permitted by such terms and licenses.
Through the platform, Mystery may make available to users its own or third parties’ commercial and advertising information in accordance with good business practices. In these cases, Mystery does not endorse, guarantee or assume responsibility for the services and/or products marketed by these third parties, since the platform serves as a communication and advertising channel, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that send advertising, assuming the obligation to verify and know the conditions of the services offered by third parties.
7. LICENSE TO USE THE PLATFORM
Mystery grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the platform provided to you by Mystery as part of the Services. This license is for the sole purpose of allowing you to use and enjoy the services provided by Mystery, in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our services or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law or you have our written permission.
You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. You also agree not to engage in any conduct or action that may damage the image, interests or rights of the Mystery platform or third parties.
Mystery reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Mystery believes that you have violated any of these terms or interfered with the use of the platform or service by others.
The contents provided by the creators belong to the creators. The copyright and intellectual property rights of the content provided by the creators belong to the creator users who authorize Mystery to publish such content on the platform. Please do not copy or use this content without the respective authorization of the creators.
All Mystery materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Mystery or by third parties who have licensed or provided their material to the platform. You acknowledge and agree that all Mystery Materials are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior written permission of Mystery. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use Mystery or any portion of the material for any purpose other than its intended purpose is strictly prohibited.
Users may store and share content through the platform. By storing and sharing your content through Mystery, you agree and consent that your content may be publicly displayed on the platform and may be shared by other users of the platform. By storing and sharing your content and that of other users, you also agree not to modify or remove, directly or indirectly, any copyright, trade name, service mark, trademark or any other proprietary property appearing in the content available on Mystery. Any alteration or use of content outside the guidelines of these terms violates intellectual property rights and may be subject to claims or lawsuits. By accessing our platform, you do not have any right or title to the content available or other intellectual property.
9. PERSONAL DATA
10. PROHIBITED ACTIVITIES
The content and information available on the Platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, are owned or licensed by Mystery or authorized by third parties. For all content that is not your own, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or resell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited
– Use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted in this Agreement and related guidelines made available by Mystery.
– Access, monitor, reproduce, distribute, transmit, broadcast, stream, display, sell, license, copy or otherwise exploit any content of the Services, including, but not limited to, the use of any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission.
– Violate the restrictions of any robot exclusion header on the Services or circumvent or circumvent other measures employed to prevent or limit access to the Services.
– Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
– Deep-link to any part of the Services for any purpose without our express written permission.
– “Frame”, “mirror” or otherwise incorporate any part of the services into any other website or service without our prior written permission.
– Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by Mystery in connection with the Services.
– Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of any content.
– Download any content unless Mystery expressly makes it available for download.
11. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, Mystery provides and maintains the Platform on an “as is”, “as available” basis and does not promise that use of the Platform will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience and we are not responsible for the content of those websites.
Except as set out above, we cannot give any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable for and will reimburse Mystery for any loss or damage caused as a result.
Mystery will not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or acts of God.
These terms and conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, to the maximum extent permitted by law, Mystery excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem you notify Mystery of and Mystery shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
– Any incorrect or inaccurate information on the Platform.
– Infringement by any person of any Intellectual Property Rights of any third party caused by your use of the Platform or any product or service purchased through the Platform.
– Any loss or damage resulting from your use of or inability to use the Platform or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
– Any loss of profits, wasted expenditure, corruption or destruction of data or any other loss that does not arise directly from something we have done wrong.
– Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content on the platform or by transmissions through e-mails or attachments received from Mystery.
– All representations, warranties, conditions and other terms that would otherwise have effect are hereby disclaimed.
12. ELECTRONIC COMMUNICATIONS
Mystery will not accept any liability for failed, partial or garbled computer transmissions, for any failure, malfunction, connection or availability of computer hardware or software, telephone, network, electronics or the Internet, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.
You agree to defend and indemnify Mystery from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, sanctions or other costs or expenses of any kind or nature, including, without limitation, reasonable legal and accounting fees, brought by third parties as a result of:
– Your breach of this Agreement or the documents referred to in this Agreement.
– Your violation of any law or the rights of a third party.
– Your use of the Mystery Platform.
14. CHANGES AND TERMINATION
We may modify the platform and these terms and conditions at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the Platform constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified, all changes to these Terms apply to all users.
In addition, we may terminate our agreement with you under these Terms at any time by notifying you in writing (including by email) or without notice.
This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Mystery without restriction.
16. INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or your use of the Platform, shall be resolved by binding arbitration between you and Mystery, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products and services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Mystery may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and the purchase of products posted and offered through the listings available on the platform.
The courts of the Republic of Panama shall have jurisdiction over any dispute, controversy or claim relating to Mystery and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the Republic of Panama.
18. FINAL PROVISIONS
These terms and conditions are governed by the laws of the Republic of Panama and the Bolivarian Republic of Venezuela. Use of the Mystery platform is not authorized in any jurisdiction that does not give effect to all of the provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.
If any part of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. Our failure to enforce or delay in enforcing any provision of these terms and conditions at any time does not waive our right to enforce the same or any other provision in the future.
All rights not expressly granted herein are reserved.
19. CONTACT INFORMATION
If you have any questions or concerns about these terms, please contact us through our contact page or by using the contact information below:
Email: [email protected]