THE ESCAPE GAME TERMS OF SERVICES
Last Updated: July 1st, 2020
Welcome to The Escape Game!
The Escape Game, LLC (together with all subsidiaries and affiliates, “The Escape Game”, “TEG”, “our”, “we”, or “us”) provide you unique one-player and multi-player unique adventure, mystery, party and puzzle games (“Games”) that you can enjoy online, in-store and at-home.
These Terms of Services (“Terms”) sets out the general terms and conditions on your use of our Games, websites (and related sub-domains) (“Websites”), third parties, services and products controlled by TEG, and any other online or offline interaction with TEG (together with Games and Websites, “Services”). This Terms does not apply to websites controlled by The Escape Game that do not link to these Terms or to third-party websites linked from our Website. By downloading, accessing, using any portions of our Services, clicking on the “I accept” button, completing the booking of a Game or participating in a Game, you represent that you have read, understand, and agree to be bound by these Terms. You are deemed to have accepted these Terms each time you access our Websites, and each time you contact us via our Website or phone calls. If you do not agree to be bound by these Terms, you may not access or use our Website. Certain portion of the Services may have additional terms and conditions, and you may be asked to sign waivers or release prior to participating a Game. When these Services are used, you agree to be further bound by the associated additional terms and conditions.
IMPORTANT NOTICE: YOUR USE, ACCESS, DOWNLOAD, AND/OR RECEIVING OF ANY OF OUR SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 9 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, UNLESS PROHIBITED BY LAW OR YOU EXPRESSLY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.
1. The Escape Game Services
1.1 Nature of the TEG Services. TEG Services include: (a) physical or virtual Games that you may book using the Website and other means; (b) access to, and use of, our Website and other third party services which facilitates your booking and Game experience; and (c) any other or related Content (defined below), products or services we make available to you, subject to the other provisions of these Terms. We reserve the right to discontinue or modify any promotion at any time with respect to any Services.
1.2 User Eligibility.
1.2.B Group Booking. Any individual purporting to represent a company entity, represents and warrants that it is authorized to enter into the Agreement on behalf of the company entity it identifies, and form a legally binding agreement pursuant to the Agreement. A company entity shall remain responsible for the acts and omissions of the individual players invited or otherwise permitted by the company entity to use our Services or participate in our Games.
1.2.C Registered Users and User Accounts. Certain portions of our Service may only be available to Registered Users. If you successfully register with our Service, you will be considered a “Registered User” of and will have a “User Account” for the Service. As a Registered User, you agree not to access any portion of the Service for which we do not intentionally provide you access. Without limiting the generality of the foregoing, you shall not access or use (or attempt to access or use) another Registered User’s account, except as expressly allowed hereunder. You are responsible for providing accurate and truthful information to register for a User Account, and are responsible for keeping your User Account secure.
1.3 License to Use Our Website and Content. Our Services contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, data, information and technical specifications (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your data. Our websites and its Content (excluding your data) is copyrighted as a collective work under United States copyright laws, and are protected by other laws. Trademarks, logos, and service marks displayed on our Website are registered and unregistered trademarks of The Escape Game, its licensors or content providers, or other third parties. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent that the law provides. On the condition that you comply with all your obligations under these Terms, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Services and any Content for the purposes expressly authorized by The Escape Game. Other than the features related to group bookings, our Website is provided for your personal information and non-commercial use. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of The Escape Game or any third party, except as expressly provided in these Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content. All rights not otherwise expressly granted by these Terms are reserved by us.
1.4 Necessary Equipment, Software, and Connectivity. You must provide all equipment and software necessary to connect to and receive our Services, including but not limited to, a computer or mobile device that is suitable to connect with and use our Website. We do not guarantee that our Website will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer. You are solely responsible for any fees, including telecommunication, Internet connection or mobile fees, that you incur when accessing or using any of our Services. If your applicable device does not have coverage, network capacity, and reception, or such connection is congested, jammed, or otherwise unavailable, our Services may not work properly.
2. Acceptable User Conduct
You agree to use our Services only for the purposes that are permitted by these Terms. If you are under 18, you may use our Services only with involvement of a parent or guardian.
2.1 Prohibited Conducts. By using and accessing our Services, you acknowledge and agree that you must NOT:
2.2 Investigations. Although TEG does not generally monitor user activity occurring in connection with our Services, if TEG becomes aware of any possible violations by you of any provision of this Terms, TEG reserves the right to investigate such violations, and TEG may, at its sole discretion, immediately terminate your license to use our Services, without prior notice to you or anyone else.
3. User Materials
3.2 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to The Escape Game through its suggestion, feedback, contact , or other similar pages on our Website, or our Facebook page or other social media pages (“Feedback”) is at your own risk and that The Escape Game has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to The Escape Game a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of our Services.
4. Fees and Economic Terms
4.1 Service Fees. In consideration for access to and use of the Services, TEG shall be entitled to charge you: (i) tickets for participating the Games, and (ii) any ancillary costs or expenses TEG incurs in connection with the transactions relating to providing the Services; in each case, as more thoroughly described in the Website, as applicable and as then in effect, and subject to change from time to time in the sole discretion of TEG. As and if requested, you should provide TEG payment information, including credit card or bank account information for TEG to processing payments.
4.2 Product Listings and Purchases. In addition to any other terms and policies relating to product purchases on our Websites, the following terms apply when you purchase a product on our Websites:
4.2.A Pricing; Payment. All prices are shown in U.S. dollars and are subject to change. TEG reserves its right to expire or modify any promotion at any time. Taxes, shipping and handling charges are additional. All prices and taxes are subject to change or adjustment without notice. You are responsible for paying all costs associated with your purchase, and for providing accurate and current payment information. We will process your payment immediately upon our acceptance of your order.
4.2.B Availability. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. Please note that some items may be backordered or unavailable even if our Website indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item.
4.2.C Shipping and Handling. You agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Website are estimates only – actual delivery dates may vary. You are solely responsible for providing all information necessary for us to ship purchased products to you.
4.2.D Not for Resale. The products purchased on our Website are for private and domestic use only and are not for resale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
4.2.E Product Recall. In the event of a product recall, we will publish a notice on our Website and/or notify you via contact information provided to us. The notice will provide instructions on how to obtain a replacement for the recalled product. It is your responsibility to check the Site or to provide us with up-to-date contact information.
4.2.F Product Return. Our policy governing the return, exchange and refund of our product can be found on our Website.
6.1 General. To the maximum extent permitted by law, our Services are provided “AS IS” and “AS AVAILABLE”, and at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. Without limitation, we make no warranty that our Services will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our site will be accurate or reliable, that defects in the operation or functionality of our Services will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our Services will meet your expectations. No advice or information from TEG in any manner will create any warranty as to our Services or any product, service or material available through the Website. If for any reason you are not satisfied with our Services, your sole remedy is to cease using such Services, even if such remedy should fail of its essential purpose. TEG does not make any warranty or representation regarding: (a) the results that may be obtained from use of our Services; (b) any content obtained from our Website; or (c) the accuracy or reliability of any Content. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6.2 Third Party Links. Our Website may contain links to, or be accessed through links on, websites managed and operated by or on behalf of independent third party entities, who are not a part of The Escape Game or agents of us. We do not have control over such third party websites or the content of such websites. As a result, we do not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by us. Any views expressed by third parties on the Website are solely the views of such third party and we assume no responsibility for the accuracy or veracity of any statement made by such third party. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party Website linked to the Website, you do this entirely at your own risk. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party’s presentations, content, goods or Website made available through the third party site or resource.
6.3 Third Party Activities. TEG MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER GAME PLAYERS, SERVICE PROVIDERS AND OTHER USERS OF OUR SERVICES. YOU AGREE TO USE YOUR OWN DISCRETION IN ALL INTERACTIONS OR TRANSACTIONS WITH ANY THIRD PARTIES. We make no representation, warranty or endorsement regarding any third parties. By using the Services, you agree that the sole remedy for any damage or harm inflicted by a third party using our Services (including other Game players) will be limited to claims against such third party, and that you will not seek monetary damages or any other remedy from TEG in connection with such events. You agree that we are not responsible for any use or disclosure of User Materials by other users of the Services or any third party who gains access to it through the Services (which may include unintended activities by third parties, such as by hackers). The Escape Game HEREBY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING OTHER GAME PLAYERS, SERVICE PROVIDERs OR OTHER USERS OF OUR SERVICES).
6.4 System Unavailability & Errors. Our Services may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. The Escape Game cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by The Escape Game via our Services, but The Escape Game is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice. As a result, The Escape Game cannot and does not have any liability for such failures or errors. The internet is subject to outages, communication and data flow failures, interruptions and delays inherent in internet communications. You recognize that problems with the internet, including equipment, software and network failures, impairments or congestion or the configuration of your computer systems, may prevent, interrupt or delay your access to our Services. TEG is not liable for any delays, interruptions, suspensions or unavailability of our Services, or any portion of our Services, attributable to problems with the internet or configuration of your computer systems. There is no warranty or guarantee that access or use of our Services will be uninterrupted or error-free.
7. Release and Indemnification
7.1 Release. To the extent permitted by applicable law, you hereby release TEG and its parents, subsidiaries, affiliates, directors, officers, employees, agents, partners, service providers, agents, advisors and licensors (collectively, the “TEG Parties”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use or reliance on our Services for any purposes, other than informational purposes pursuant to the disclaimers of these Terms. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another state with a similar law, you hereby make a similar waiver.
7.2 Indemnification. To the extent allowed by law, you will indemnify TEG Parties, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising out of or related to: (a) your participation in or relationship with any Games, or your acts, omissions, and statements regarding any Games, including any loss, damage to, or destruction of property and/or death or injury to persons; (b) any claim that the User Materials infringe or misappropriate the intellectual property rights of any third party, or applicable laws or regulations; (c) your negligence, fraudulent or willful misconduct; (d) your breach of these Terms; or (e) your use of the Services. We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement. Without limitation of the foregoing, if we receive a subpoena or similar requirement to disclose User Materials issued by any court or governmental authority, and we are not a party to the proceeding in question, you will reimburse us for our reasonable costs and expenses of complying with such subpoena, including time spent by our personnel and our attorneys at time and materials rates.
8. Limitation of Liability
8.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TEG PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FLORO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (3) ANY OTHER MATTER RELATED TO OUR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
8.2 CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE TEG PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY TEG AS A RESULT OF YOUR USE OF OUR SERVICES. IF YOU HAVE NOT PAID TEG ANY AMOUNTS, TEG’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED FIFTY DOLLARS ($50 USD).
8.3 EXCEPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND TEG’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.4 BASIS OF BARGAIN. YOU AGREE THAT THE LIMITS ON LIABILITY IN THIS AGREEMENT REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PLAYFAIR AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
9. Disputes Resolution
These Terms (including without limitation the validity, construction and performance of duties related to the Terms) are governed by and construed in accordance with the laws of the United States of America and the laws of the State of Tennessee without giving effect to any principles of conflicts of laws.
You shall first contact us at [email protected] regarding any claim or controversy arising out of or relating to these Terms, or any breach thereof, or the use of our Website, except such claims or controversies for which injunctive relief is available. Any claim or controversy that cannot be resolved by the parties after the exercise of good faith discussion within thirty (30) days shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at https://adr.org/. You agree that, by accepting these Terms, you and The Escape Game are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. Unless you and The Escape Game agree otherwise, any arbitration hearings will take place in the state of Tennessee.
In the event that binding arbitration is not enforceable, you consent to the exclusive jurisdiction of any federal or state court located in the State of Tennessee, U.S.A. for the resolution any disputes. Any cause of action you may have with respect to your use of our Services must be commenced within six (6) months after the claim or cause of action arises.
10. Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the same. We will promptly review and remove Content from our Services if properly notified that the materials infringe a third party’s copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
Please contact our designated agent for notice of claims of copyright infringement at:
The Escape Game, LLC
510 E. Iris Dr., Unit C, Nashville, TN 37204
If material that you have posted to our Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (i) a physical or electronic signature of the subscriber; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which The Escape Game may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
It is our policy to terminate in appropriate circumstances the accounts of users that are repeat infringers or repeatedly violate these Terms.
11. Modifications to These Terms
We reserve the right to modify these Terms at any time, effective upon posting. You can tell when changes have been made to these Terms by referring to the “Last Updated” legend on top of this page. We will provide you with advance notice of a major change. For example, we may (i) require that you reaccept the updated version of these Terms, (ii) send you an electronic notification advising of the update to this Terms, or (iii) include a notice on our Website. We do not ordinarily provide advance notice of a minor change.
We encourage you to check these Terms every time you visit our Website. Your continued use of the Website and/or utilization of any Services benefits after these Terms have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of these Terms.
12.1 Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in performing our obligations and exercising our rights under these Terms. Neither you nor TEG will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
12.2 Access from Outside of the United States. Our Website and the Content is hosted in the United States and is governed by the laws of the United States. Our products and Services, and other Content on our Website, are only directed at those located within the United States. If you are using our Services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our Services in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
12.3 Term and Termination. These Terms are effective unless and until terminated by The Escape Game or you. The Escape Game may, in its sole discretion, terminate your use of our Services or any part thereof if you fail to comply with any term of provision of these Terms. You may terminate these Terms at any time by discontinuing all use of our Services. Termination or cancellation of these Terms shall not affect any right or relief to which either The Escape Game or you may be entitled at law or in equity. Upon termination, you must terminate all use of our Services and destroy all materials, including any Content, obtained using our Services and all copies thereof.
12.4 Notice. Where TEG requires that you provide an e-mail address, you are responsible for providing TEG with your most current e-mail address. In the event that the last e-mail address you provided to TEG is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, TEG’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to TEG at the following address: The Escape Game, LLC, 508 E. Iris Dr., Nashville, TN 37204. Such notice shall be deemed given when received by TEG by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
12.7 Relationship of the Parties. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services.
12.8 Force Majeure. TEG shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemic, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
12.9 No Waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision of these Terms.
12.10 Section Headings. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. The words “include”, “including”, and all other forms of “include” are deemed to be followed by “without limitation.”
12.11 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using the Services and Content and all provision indicating an ongoing obligation, which include Section 6 (Disclaimers); Section 7 (Release and Indemnification); Section 8 (Limitation of Liability); Section 9 (Disputes Resolution) and Section 13 (Miscellaneous), shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use the Service after the termination of these Terms.
13. Contact Us