ANY DISPUTE BETWEEN YOU AND ESCAPE HOTEL MUST BE RESOLVED BY MEDIATION OR BINDING ARBITRATION AS DESCRIBED BELOW. PLEASE READ THE MEDIATION AND ARBITRATION PROVISIONS IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
Escape Hotel reserves the right, in its sole discretion, to change, modify, or otherwise amend the terms and conditions of this Agreement and any other documents incorporated by reference herein (“Amended Terms”) at any time. If the Amended Terms affect your rights, duties, and obligations under this Agreement, we will provide reasonable advance notice before the Amended Terms become effective. You agree that we may notify you of the Amended Terms by posting them on the Website, or communicating the Amended Terms through any method of written contact that Escape Hotel has established with you, and that your use of the Website and/or the Services after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms. Therefore, you should review this Agreement and any Amended Terms before using the Website and/or the Services. The Amended Terms will be effective as of the date specified in the Amended Terms, and will apply to your use of the Website from that point forward. This Agreement will govern any disputes arising before the effective date of the Amended Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
B. Use of the Website
Escape Hotel hereby grants you a non-exclusive, revocable license to use the Services made available on, by, or through the Website, which include or may include, without limitation, Website features that may be made available by Escape Hotel, including, but not limited to, Escape Hotel user registration, any content or information provided on, by, or through the Website or the Services, including, but not limited to, data, text, graphics, designs, logos, images, audio/visual materials, links, and references (collectively, the “Information”) and Escape Hotel events, for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein. Without the prior written consent of Escape Hotel, no Information or any other Escape Hotel materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.
Escape Hotel permits you to view and print a reasonable number of copies of web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (a) you retain all trademark, copyright and other proprietary notices contained in the original materials, (b) you provide attribution to Escape Hotel, (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind, and (d) any copies are subject to the terms and conditions of this Agreement and remain the property of Escape Hotel. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Escape Hotel promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Escape Hotel or others. Some features on the Website and/or the Services may be subject to additional fees and charges at Escape Hotel’s sole discretion.
If you access the Website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Your network or roaming provider may prohibit or restrict the installation and/or use of all or a portion of the Website, and the Website may not work with your network provider and/or device.
You do not have to register with Escape Hotel to simply visit and view the Website, but in order to access and use certain features of the Website, you may be required to create a password-protected account (“Account”). Please note that, even if you do not create an Account, you are still subject to all of the terms and conditions of this Agreement.
In order to use the Website or the Services, or create an Account, you must be at least 18 years of age and be able to form legally binding contracts under applicable law. If you use the Website or create an Account on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of this Agreement will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.
By creating an Account with Escape Hotel, you agree to (a) provide accurate, current and complete information about yourself as prompted (including, but not limited to, your name and email address), and (b) maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, Escape Hotel reserves the right to terminate your Account and your use of the Website and/or the Services. In case of such termination, Escape Hotel will not provide a refund of any payment of fees and charges.
You are solely responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify Escape Hotel of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Website.
E. Third-Party Links
F. Products and Services Offered by Third Parties
If Escape Hotel provides Users the opportunity to purchase products and/or services offered and sold by third parties through the Website and through links to Third-Party Sites (“Third-Party Products”). The information provided for Third-Party Products offered through the Website is provided by third parties, and, while we require such third-parties to provide complete, accurate, and non-misleading information on Third-Party Products offered, we do not represent, warrant, or guarantee that descriptions of Third-Party Products are accurate, complete, reliable, current, or error-free, and we are not responsible for, and disclaim any liability arising from or relating to, such information. All purchases of Third-Party Products made by you through the Website or through links to Third-Party Sites are a direct sale and purchase between you and the applicable third-party or Third-Party Site. If User purchases Third-Party Products offered through Third-Party Sites, the transaction, including, but not limited to, returns, exchanges, refunds, warranty requests, or claims for non-delivery, damaged goods, or items not as described, will be handled exclusively by the Third-Party Site.
G. Incurred Fees
As consideration for the Services you purchase from Escape Hotel, and Escape Hotel provides to you, you agree to pay Escape Hotel at the time of your order. All fees are due immediately and are non-refundable, unless otherwise provided for in this Agreement. Escape Hotel expressly reserves the right to modify pricing through email notification and/or notice on its Website. You may make payments by credit card, check, certified funds or by any payment method and/or system as Escape Hotel may allow (“Payment Method”). If for any reason Escape Hotel is unable to charge your Payment Method for the full amount owed for the Services provided, or if Escape Hotel is charged a fee and/or penalty for any fee it previously attempted to charge to your Payment Method, you agree to pay, in addition to any balance owed for the Services, the amount of such penalty and/or fee. If You pay by credit card and, if for any reason, Escape Hotel is unable to charge your credit card for the full amount owed for the Services provided, or if Escape Hotel is charged back for any fee it previously charged to your credit card, you agree that Escape Hotel may pursue all available remedies in order to obtain payment of any balance owed to Escape Hotel and that such remedies include, but are not limited to, immediate cancellation, without notice to you, of the Services registered, bought or renewed by you or on your behalf. You agree to pay Escape Hotel, and Escape Hotel may charge any fees incurred by Escape Hotel in processing and/or collecting any balance, including, but not limited to, cost related to customer service issues that cannot be handled over email and require personal service, fees incurred by third parties you have elected to use as payment methods, including, but not limited to, PayPal, and costs and attorneys fees related to collecting such balances. You agree that these charges may bel be billed to your Payment Method we have on file. You may change Your Payment Method at any time by contacting Escape Hotel’s Customer Support at +1 (323) 848-4954 during business hours.
H. Use of Submitted Content
1. NO CONFIDENTIALITY
As part of your use of the Website and/or the Services, you may participate in features offered by Escape Hotel such as Escape Hotel events (“Events”) and other communications, message boards, activities, and/or other public forums (to the extent each is made available to Users). Your participation is voluntary; however, to the extent the Website makes such functionality available to Users, by choosing to post photos and/or comments, ask or answer questions, send any messages, submit any ideas or feedback, or otherwise participate in any Escape Hotel forum, or submit any postings, messages, questions, text, articles, photos, audio/visual works, information, feedback, ratings or content provided by you (collectively, “Submitted Content”), you understand that whether or not such Submitted Content is published, Escape Hotel does not guarantee any confidentiality with respect to any Submitted Content.
By providing Submitted Content, you agree to permit any Submitted Content to be searchable, viewed, and used by Users, and further agree that you are providing such Submitted Content on a non-proprietary and non-confidential basis. You hereby agree that Escape Hotel is free to use or disseminate such Submitted Content on an unrestricted basis on and through the Website.
2. YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing your Submitted Content on, or through the Website. With respect to your Submitted Content, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, right, consents, and permissions to use and authorize Escape Hotel to use all copyright, patent, trademark, trade secret and/or other proprietary right in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in any manner authorized by this Agreement; and (b) you have the written consent, release, license and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and this Agreement. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you on or through the Website.
If you identify yourself by name or provide a picture, image, graphical representation, or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice, and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason.
You further agree that we may use the Submitted Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Submitted Content for any reason, and to refuse to post or remove any Submitted Content submitted by you or others. We cannot and do not guarantee that we will post all Submitted Content or that Submitted Content will not be offensive, defamatory, or objectionable. Although we reserve the right to remove without notice any Submitted Content for any reason, Escape Hotel has no obligation to monitor or delete any Submitted Content, including that which you may personally find objectionable or offensive. Escape Hotel does not control in real time the Submitted Content posted via the Website and as such, does not guarantee the accuracy, integrity, or quality of Submitted Content. In addition to other disclaimers found in this Agreement, Escape Hotel does not endorse or make any warranties or representations with respect to the accuracy, completeness, or timeliness of any Submitted Content posted on the Website.
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO ESCAPE HOTEL
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Escape Hotel for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Escape Hotel a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to link to, use, copy, reproduce, distribute, reformat, translate, prepare derivative works of, display, monetize, and perform the Submitted Content in connection with the Website and Escape Hotel (and its successor’s) business operations, including, without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and media channels, now known or hereafter discovered, and throughout the world. You also hereby grant each User a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Submitted Content as permitted through the functionality of the Website and under this Agreement. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. ESCAPE HOTEL’S DISCLAIMERS AND RIGHT TO REMOVE
Escape Hotel does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Escape Hotel hereby expressly disclaims any and all liability in connection with all Submitted Content. Escape Hotel does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Escape Hotel will remove any Information or Submitted Content if properly notified, pursuant to the DMCA Process described in Claims of Copyright of Trademark Infringement below, that such information or Submitted Content infringes on another’s intellectual property rights. Escape Hotel reserves the right, for any or no reason, to remove any information or Submitted Content from the Website without prior notice. Escape Hotel will terminate a User’s Account and access to the Website, if he, she, or it is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Submitted Content removed from the Website more than twice. Escape Hotel also reserves the right, in its sole and absolute discretion, to decide whether any information or Submitted Content is appropriate and complies with this Agreement for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Escape Hotel may, at its sole discretion and without notice, remove Submitted Content and/or terminate an Account or access for uploading such material in violation of this Agreement.
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Escape Hotel is not responsible for the accuracy, usefulness, safety, or infringement of intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Escape Hotel with respect to such Submitted Content, and agree to indemnify and hold Escape Hotel, its owners, Users, managers, operators, directors, officers, agents, affiliates, successors, assigns and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Users. You understand and agree that Escape Hotel may, at any time, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
If you send, transmit, or communicate any comments, questions, suggestions, information, or materials to Escape Hotel, whether by letter, email, telephone, online contact form, or otherwise (collectively, the “Suggestions”), recommending changes or improvements to the Website and/or the Services, including, without limitation, new designs, features, functionality and/or the Services, all the Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign to Escape Hotel all right, title, and interest in and to: (a) the Suggestions, and Escape Hotel is free to use Suggestions, without any attribution or compensation to you or any third party, and (b) any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable or fixed in a tangible medium, for any purpose whatsoever, including but not limited to, duplicating, developing, manufacturing, having manufactured, licensing, marketing, distributing, preparing derivative works and selling, directly or indirectly, the Services using the Suggestions. You understand and agree that Escape Hotel is not obligated to use the Suggestions, and you have no right to compel such use and no right to compensation for such use.
6. LIMITATIONS AND RESTRICTIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate the distribution of any Submitted Content that:
a. misrepresents the substance of the Submitted Content;
b. is protected by copyright, trademark, patent, trade secret or subject to other third party intellectual property or proprietary rights, unless you have permission from the owner of such rights to post it and permission to grant all the rights contemplated herein;
c. is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
d. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
e. intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers;
f. advertises, solicits or promotes a business in any way other than expressly permitted by this Agreement or otherwise permitted by Escape Hotel in writing;
g. contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
h. contains advertising for Ponzi schemes, discount cards, credit counseling, online surveys or online contests;
i. distributes or contains viruses, trojan horses, malware or any other technologies that may harm the interests or property of Escape Hotel or Users;
j. contains links to services or websites, except as permitted under this Agreement.
I. Refunds and Procedures Policy
By registering and purchasing tickets for an Escape Hotel experience, you hereby agree to be bound by the Escape Hotel Refunds and Procedures Policy (the “Refunds and Procedures Policy”) [https://escapehotelhollywood.com/legal/#refound-policy]. You hereby agree that you shall not be entitled to any refund unless otherwise provided for in the Refunds and Procedures Policy. The Refunds and Procedures Policy is hereby incorporated into this Agreement by reference.
J. Acceptable Use Policy
You agree not to use the Website, Information or the Services to take any action or actions that:
a. are contrary or harmful to Escape Hotel’s (or its affiliates’, agents’ or partners’) public image, goodwill, reputation, interests or property;
b. infringe on Escape Hotel’s or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy;
c. express or imply that any of your statements, activities or causes are endorsed by Escape Hotel, without Escape Hotel’s prior written consent in each instance;
d. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
e. are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic, or obscene;
f. transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
g. restrict or inhibit any other User from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
h. modify, adapt, sub-license, translate, sell, monetize, reverse engineer, decompile, or disassemble any portion of the Website or Information;
i. remove any copyright, trademark, or other proprietary rights notices contained in or on the Information or the Website;
j. sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
k. “frame” or “mirror” any part of the Website without our prior written authorization;
l. distribute any virus, worm, or other similar or deleterious files, scripts or programming routines;
m. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Escape Hotel or its licensors or suppliers;
n. involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
o. use any robot, spider, scraper, site search/retrieval application, or other manual or automatic device or process to retrieve, scrape, crawl, download, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
p. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
q. execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you;
r. harvest or collect information about any of the Users without their express consent;
s. You will not run Maillist, Listserv, any form of auto-responder on the Website, or any processes that run or are activated while you are not logged on; and/or
t. use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including that which is deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
Improper use of the Information and the Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
K. Escape Hotel Intellectual Property
The Website is owned and operated by Escape Hotel and its licensors and the Information (and any intellectual property and other rights relating thereto) are and will remain the property of Escape Hotel and its licensors and suppliers. The Information is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any part of the Website or Information without Escape Hotel’s prior written permission. The Information and the Website may be used solely (a) to the extent permitted in this Agreement, or (b) as expressly authorized in writing by Escape Hotel or, if so indicated in writing by Escape Hotel, its licensors or suppliers. Use of the Website or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of Escape Hotel, Escape Hotel’s licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license, right to use or any other rights in the Trademarks without the express written permission of Escape Hotel, its licensors or suppliers, or the third party owner of the Trademarks, except as set forth in this Agreement. You agree that the Trademarks are protected by U.S. and international copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. You must abide by all copyright notices, information and restrictions contained in the Trademarks accessed through the Website.
L. Term and Termination
This Agreement is effective from the date that you first access or use the Website or submit any information to, whichever is earlier, and will remain effective until terminated in accordance with its terms. Escape Hotel may immediately terminate this Agreement, your access to and use of the Website, or any portion thereof, and/or your Account, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website will immediately cease, and you must delete your Account and destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Escape Hotel rights of ownership will survive any termination. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement will be construed to obligate Escape Hotel to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
You hereby acknowledge and agree that Escape Hotel, in its sole and absolute discretion, has the right to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website. You may also cancel your use of the Website and/or terminate your Account by accessing your Account through the Website and following the process therein.
Upon termination of your Account, your right to use or participate in the Website, including, but not limited to, your right to purchase the Services shall automatically terminate. Notwithstanding the foregoing, residual data may remain in the Escape Hotel systems and servers.
If you provided a valid email address during registration, Escape Hotel may attempt to notify you by email of any such termination or cancellation, which shall be effective immediately.
M. Claims of Copyright or Trademark Infringement
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Process [https://escapehotelhollywood.com/legal/#dmca]. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers Our designated agent for notice of alleged copyright infringement on the Website is:
EH Management LLC.
c/o Legal Department
6633 Hollywood blvd
Los Angeles, CA 90028
Phone: (323) 848-4954
N. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ESCAPE HOTEL AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE WEBSITE, THE SERVICES OFFERED ON OR THROUGH THE WEBSITE OR BY ESCAPE HOTEL, ANY DATA, INFORMATION, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, DATA, INFORMATION, AND SUBMITTED CONTENT OF USERS, OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ESCAPE HOTEL DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY (INCLUDING USERS), ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ESCAPE HOTEL DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY THIRD-PARTY SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. ESCAPE HOTEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
O. Limitation of Liability
IN NO EVENT SHALL ESCAPE HOTEL, OR ITS RESPECTIVE OFFICERS, MANAGERS, USERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS OR LOSS OF DATA OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICTS LIABILITY OR OTHER THEORY ARISING OUF WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTY VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, TRADEMARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY SERVICES PURCHASED ON OR THROUGHT THE WEBSITE OR PROM ESCAPE HOTEL; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VII) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, TRADEMARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ESCAPE HOTEL SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ESCAPE HOTEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY INTERACTION BETWEEN OR AMONG USERS AND/OR OTHER THIRD PARTIES ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
2. FORCE MAJEURE
Neither Escape Hotel nor you shall be liable to the other for any delay or failure in performance under this Agreement, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER ESCAPE HOTEL NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE (OR USE OF THE WEBSITE), INFORMATION, THE SERVICES AND/OR ANY THIRD-PARTY SITE, SERVICE OR APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, THE SERVICES, OR ANY THIRD-PARTY SITE, SERVICE OR APPLICATION IS TO STOP USING THE WEBSITE, THE SERVICES OR THIRD-PARTY SITE, SERVICE OR APPLICATION, AS APPLICABLE. NEITHER ESCAPE HOTEL NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES (INCLUDING USERS) OR (2) YOUR HIRING OR ENGAGEMENT OF, OR ASSOCIATION WITH, ANY THIRD PARTY WHO ADVERTISES OR OFFERS PRODUCTS AND/OR THE SERVICES THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
3. LIMITATION OF REMEDIES
IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON US, THEN OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF OURS WILL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE PROVIDED FOR HEREIN.
P. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD PARTY, YOU FOREVER RELEASE ESCAPE HOTEL, AND ITS LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM ANY AND ALL 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 OF THE WEBSITE, INFORMATION, AND CONTENT, OR YOUR PURCHASE OR USE OF ANY SERVICE MARKETED OR PROVIDED ON OR THROUGH THE WEBSITE OR BY ESCAPE HOTEL.
If you are a California resident, you waive California Civil Code Section 1542, which states the following: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you waive your rights under any statute similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.
Q. Jurisdictional Issues
Escape Hotel makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas or that the Information or the Website are appropriate or available for use in all locations. Accessing the Website from territories where the Website or any portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so upon your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
R. Notice for California Users
Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
S. Dispute Resolution/Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, will be settled, first, by mediation to take place within 30 days of the written notice of such dispute and, second, if the parties are unable to settle such dispute by mediation in such 30-day period, then by binding arbitration by a single arbitrator in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration will be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles, California, and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award in an arbitration arising out of or related to this Agreement. For the sake of clarity, nothing in this paragraph will affect Escape Hotel’s ability to seek from a court injunctive or equitable relief at any time. In no event will the arbitrator have the authority to award punitive damages or any other damages expressly limited by this Agreement.
T. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU ONLY TO THE EXTENT SUCH EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY IS NOT ALLOWED IN THAT JURISDICTION.
You agree that Escape Hotel may provide you with notices, including those regarding changes to this Agreement, by email, regular or expedited mail, text communication, Website postings or other means of communication.
V. General Information
1. SECTION HEADINGS
The section heading contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
2. ENTIRE AGREEMENT
This Website is Operated By
EH Management LLC
Effective as of January 1, 2016
Last modified as of December 31, 2015
Legal Contact Information
Phone: (323) 848-4954