PLEASE READ THE FOLLOWING DISCLAIMER, TERMS, AND LICENSE AGREEMENT CAREFULLY BEFORE PLAYING THE #DidTheMission® GAME
The following are the terms and conditions for use of #didthemission™ game (the “Game”). The Game is owned by DIDTHEMISSION LLC, a Nebraska limited liability company ("DIDTHEMISSION LLC," or "us," or "we"). By purchasing or playing the Game YOU (the term "you" and “your” includes the person or entity that has purchased the Game as well as any third-parties playing the Game) ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS including those on the DIDTHEMISSION LLC website (collectively the "Terms")). Your use of the Game is conditioned on your acceptance without modification of the Terms. The DIDTHEMISSION LLC Game involves players initiating prank telephone calls businesses, their friends, contacts in players phones, or a totally random number with scripted pranks. The Game is provided for entertainment purposes only. DIDTHEMISSION LLC does not guarantee refunds for any purchases. Refund Policy. DIDTHEMISSION LLC does not guarantee refunds for dissatisfaction.
1.DISCLAIMERS AND LIMITATIONS ON USE. You are solely responsible for the calls you initiate and ensuring that the calls comply with the federal and state laws applicable in the states in which you and the call recipient are located. You represent and warrant that the recipient of any call you make related to the Game is not located in any the following states: California, Colorado, Connecticut, Florida, Idaho, Indiana, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington, and Wyoming. You are strictly prohibited from: making repeated telephone calls to another person; initiating or continuing a call to/with anyone under age 18; playing the game unless you are 18 years or older (if you are under the age of 21, you are not actually required to drink any alcohol when cards refer to “drunk dials” or "drink card"); playing the Game in a manner that may cause harm, wrongly obtain anything of value, communicate indecent or obscene content, or to annoy, abuse, threaten, or harass; using the Game for any commercial purposes; and, leaving a message for any third party you call. You may not use the Services for any commercial purposes.
You are strictly prohibited from calling emergency lines, health care facilities, government agencies, employees or officials, law enforcement, schools while playing the Game unless the call is made with the prior express consent of the called party. You are prohibited from calling any recipient that is prohibited by law or regulation while playing the Game. Those using the Game for prohibited purposes or on a prohibited manner may be subject to prosecution.
DIDTHEMISSION LLC is not responsible for any loss or damage resulting from any person's involvement in playing the Game.
THE GAME IS PROVIDED “AS-IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DIDTHEMISSION LLC EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE GAME, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. DIDTHEMISSION LLC DOES NOT WARRANT THAT THESE GAME WILL MEET YOUR NEEDS, OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE GAME. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
2. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES. DIDTHEMISSION LLC reserves the right to change or modify these Terms or any policy governing the use of the Game, at any time, by posting the new terms on the DIDTHEMISSION LLC website ( - the “Website”). The most current version of these Terms will be located on the Website. You understand and agree that your use of the Game is governed by the then-current Terms that are effective at the time of your use of the Game. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued use of the Game after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. PROPRIETARY RIGHTS. Except as expressly provided for in the non-exclusive license contained herein, DIDTHEMISSION LLC expressly reserves all right, title, and interest in and to the Game and the Game' content, including any copyright, trademark or other intellectual property right, or federal or state right, pertaining thereto. License. You accept from DIDTHEMISSION LLC, a limited, revocable, non-exclusive, and nontransferable license to use the Game. DIDTHEMISSION LLC reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these Terms.
4. INDEMNIFICATION. You agree to indemnify, hold harmless and defend DIDTHEMISSION LLC, its managers, members, directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your use of the Game, including, but not limited to, your initiation of any telephone call related to the Game, or (iii) your unauthorized use of the Game. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5. LIMITATIONS OF LIABILITY. DIDTHEMISSION LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) REPUTATIONAL HARM, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF DIDTHEMISSION LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIDTHEMISSION LLC'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU FOR THE GAME SUBJECT TO THESE TERMS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE GAME, OR ANY OTHER GRIEVANCE SHALL BE DISCONTINUATION OF USE OF THE GAME.
6. APPLICABLE LAW AND VENUE. These Terms shall be governed by and construed under the laws of the state of Nebraska. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Nebraska, in Omaha, Douglas County.
7. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS. The parties hereto agree and understand that any dispute or claim related to your use of the Game, breach of these Terms, as well as any other action related to these Terms shall be referred to final and binding arbitration, in Omaha, Nebraska and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association. The parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney's fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. The arbitrator is not given authority to conduct class arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
8. Notice. Any notices to DIDTHEMISSION LLC must be sent to DIDTHEMISSION LLC’s Registered Agent: Aimee Lowe, c/o Goosmann Law Firm, PLC, 17838 Burke St., Suite 250, Omaha, NE 68118