ESCAPE HOTEL HOLLYWOOD

LEGAL INFORMATION
& NOTICES

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TERMS OF USE

TERMS OF USE AGREEMENT

Welcome to Escape Hotel! This Terms of Use Agreement (this “Agreement”) constitutes a legally binding contract between EH Management LLC (“Escape Hotel,” “we,” “us,” “our”), which owns the Escape Hotel website, and you with respect to your use of Escape Hotel products and services, including, but not limited to, your interaction with or use of any advertisements, forums, email functions, internet links, content, products, and services available through the domain and subdomains located at www.escapehotelhollywood.com, Escape Hotel applications for mobile devices, if available, and the Information and Submitted Content (each as defined below) (collectively, the “Website”) and products and services available through the Website or by Escape Hotel (the “Services”). Individuals or entities who visit or use the Website or Services (collectively, “Users”), and you as a User, agree to be bound by this Agreement and any documents incorporated by reference herein. You also authorize the transfer of payment for the Services. If you do not agree to these terms and conditions of this Agreement, do not use the Website. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

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.

A. Modifications

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.

C. Registration

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.

D. Privacy Policy

Escape Hotel has established a Privacy Policy that explains and governs how information is collected and used (the “Privacy Policy”). The Privacy Policy applies to the Website and the Services. The Privacy Policy is hereby incorporated into this Agreement by reference. Your use of the Website is governed by the Privacy Policy. You can view Escape Hotel’s Privacy Policy at https://escapehotelhollywood.com/legal/#privacy-policy , as it is applicable to the Services.

E. Third-Party Links

The Website may contain links, contact forms to other websites or resources, including, without limitation, social networking, e-commerce, blogging, and similar websites (the “Third-Party Sites”) for your convenience. Escape Hotel does not control the Third-Party Sites or the content provided therein, and Escape Hotel has not reviewed, in their entirety, those Third-Party Sites. Your use of Third-Party Sites is subject to the privacy policies and terms of use established by the applicable Third-Party Site, and Escape Hotel disclaims all liability for that use. The fact that Escape Hotel offers links to Third-Party Sites does not indicate any approval or endorsement by Escape Hotel of any Third-Party Site, any material contained, or goods and services sold and purchased, on Third-Party Sites, and Escape Hotel disclaims any such approval or endorsement.

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.

5. SUGGESTIONS

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.

Upon termination of your Account or this Agreement by either party, all licenses granted to you hereunder will immediately terminate and you shall destroy all copies of Escape Hotel Information, Trademarks and other Information in your possession or control. You further acknowledge and agree that Escape Hotel shall not be liable to you or any third-party for any termination of your Account and access to the Website. Upon termination of your Account or this Agreement, Escape Hotel retains the right to use any data collected from your use of the Website for internal analysis and archival purposes or for purposes specified in the Privacy Policy [https://escapehotelhollywood.com/legal/#privacy-policy], and all related licenses you have granted Escape Hotel hereunder shall remain in effect for the foregoing purpose. In no event is Escape Hotel obligated to return any Submitted Content to you. The following sections shall survive expiration or termination of the Website or your Account, as well as any other provisions that by their nature should survive the termination of this Agreement: A, E, F, G, H, I, J, L, M, N, O, P, Q, R, S, T and U. V and W.

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:

DMCA Complaints

EH Management LLC.
c/o Legal Department
6633 Hollywood blvd

Los Angeles, CA 90028

legal@escapehotelhollywood.com

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.

THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY SITES, SERVICES, OR APPLICATIONS THAT ARE NOT OWNED OR CONTROLLED BY ESCAPE HOTEL. ESCAPE HOTEL DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SITES, SERVICES, OR APPLICATIONS. IN ADDITION, ESCAPE HOTEL WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE, SERVICE, OR APPLICATION. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE ESCAPE HOTEL FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SITE, SERVICE OR APPLICATION (INCLUDING PURCHASES FROM ANY THIRD-PARTY SITE). ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY SITE, SERVICE OR APPLICATION THAT YOU VISIT OR USE, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON 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

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ESCAPE HOTEL, AND ITS LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE AND/OR THE SERVICES AVAILABLE BY ESCAPE HOTEL OR THROUGH THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A USER OR THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE WEBSITE.

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.
U. Notice

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 Agreement, together with the Privacy Policy, the Refunds and Procedures Policy and any other legal notices or additional policies as may be published by Escape Hotel on the Website, shall constitute the entire agreement between you and Escape Hotel. If any provision of this Agreement is held to be invalid, unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Escape Hotel’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. No waiver of any term or condition of this Agreement will be deemed a further or continuing waiver of such term or condition or any other term or condition. This Agreement does not confer any third-party beneficiary rights. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable or sub-licensable by you except with Escape Hotel’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense will be null and void. Escape Hotel may assign, transfer, or delegate this Agreement or any right, obligation or remedy hereunder in its sole discretion. Nothing in this Agreement waives or limits extra-contractual rights or remedies available to us to protect our rights or property, including, but not limited to, those available under U.S. copyright law, international treaties or copyright or intellectual property laws of the countries in which the Website is used.

This Website is Operated By
EH Management LLC
Effective as of January 1, 2016
Last modified as of December 31, 2015

Legal Contact Information
E-Mail: info@escapehotelhollywood.com
Phone: (323) 848-4954

REFUND POLICY

REFUNDS AND PROCEDURE POLICY

Terms and Conditions: By purchasing or using products and/or services offered by EH Management LLC (“Escape Hotel”), you are agreeing to be bound by this Refunds and Procedures Policy and Escape Hotel’s Terms of Use Agreement (the “Terms of Use”). You can view the Terms of Use at escapehotelhollywood.com/legal/#terms-of-use . This Policy is incorporated into and subject to the Terms of Use.

Liability Waiver and Release: Your participation and the participation of any of your guests in any Escape Hotel program (the “Program”) is subject to your and their execution of the Escape Hotel Liability Waiver and Release (the “Waiver and Release”) at the time of your arrival for the Program. If you or your guests choose not to sign the Waiver and Release upon arrival, you and your guests will not be allowed to participate in the Program.

Program Fees and Scheduling:

In order to receive a refund of fees paid for the Program (the “Fees”), you must cancel your reservation no later than 24 hours prior to the start of the Program. If you cancel within 24 hours of the start of the Program, you will not be eligible for a refund of the Fees, but Escape Hotel may, in its sole discretion and based upon availability, reschedule the Program.

Arrival: In order to assure that you have the best experience possible, Escape Hotel asks that you arrive and check in at least 30 minutes prior to the start of the Program. If you are more than 5 minutes late from this arrival call time, the Program will be canceled, you will not receive a refund of the Fees, and Escape Hotel will not reschedule the Program except in its sole discretion and subject to availability. Tickets purchased with 24 hours or less from the game start time will not be eligible for refunds and or reschedules.

Health Concerns: You understand and acknowledge that, during the Program, you may experience certain conditions, including, but not limited to, loud noises, potentially offensive smells, claustrophobic conditions, and possible allergens. Please be aware that the Program may include strobe lights. Strobe lights have been known to cause potential adverse physical and medical reactions, including, but not limited to, photosensitive epilepsy. You represent and warrant that you do not have any medical or psychological conditions that prevent you from participating in the Program.

Age Restrictions: It is the policy of Escape Hotel that anyone under the age of 18 will not be allowed to participate at the Event unless accompanied by a parent or guardian as more fully set forth below.

Minors: If any participant is between the ages of eighteen (18) and fourteen (14) (a “Teenager”), such Teenager must obtain written consent from a parent or legal guardian to attend the Event and/or to use Escape Hotel’s facilities. If any participant is fourteen (14) years of age or younger (a “Minor”), a parent or legal guardian must provide written consent and accompany the Minor at all times during the Event. In the event any liability arises, directly or indirectly, as a result of a Teenager’s or Minor’s actions or omissions, including but not limited to, any injuries (including personal injury, disability, dismemberment and death), illness, losses, damages, claims, liabilities, costs or expenses of any kind or nature, then the Teenager’s or Minor’s parent and/or legal guardian shall be vicariously liable for any and all such liability. If any Teenager or Minor fails to comply with Escape Hotel’s reasonable requests during the Event or anywhere on Escape Hotel’s premises, then Escape Hotel and its authorized representatives reserve the right to terminate the Event without refund. No person four (4) years of age or younger shall be permitted to participate in the Event and/or use Escape Hotel’s facilities. 

Conduct: Escape Hotel reserves the right to terminate the Program, at any time, if Escape Hotel, in its sole discretion, deems your conduct or the conduct of one or more of your guest to be harmful or potentially harmful to Escape Hotel, its employees, its other guests or any others.

If any Program (Game) is terminated by any of the above-stated reasons, you will not receive a refund of the Fees and its the sole discretion based upon availability; Escape Hotel or any of its affiliates reserves the right to reschedule the Program.

DMCA

DMCA PROCESS

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Pursuant to the DMCA, EH Management LLC (“Escape Hotel”), has established policies and procedures for dealing with alleged and actual copyright and trademark infringement. It is our policy to (1) block access to or remove work, content or material that we believe in good faith to be copyrighted or otherwise protected material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or User; and (2) remove and discontinue service to repeat offenders.

If you believe in good faith that materials hosted by Escape Hotel infringe your copyright, trademark rights or intellectual property rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Website (as defined in the Escape Hotel Terms of Use Agreement[provide hyperlink]) are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Escape Hotel to locate the material on the Website;
(d) the name, address, telephone number, and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Escape Hotel will not respond to complaints that do not meet these requirements. If Escape Hotel determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Escape Hotel will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing a copyright or intellectual property. If you are not sure whether the material available online infringes a copyright or intellectual property right, we suggest that you first contact an attorney.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:

(a) your name, address, and telephone number;
(b) the source of the content that was removed;
(c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error;
(d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Escape Hotel may be found, and that you will accept service of process from the person who provided the original complaint; and
(e) a physical or electronic signature (for example, typing your full name).

If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling access to it in ten (10) business days. Unless the copyright or intellectual property owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our discretion.

Please note that the content provider or user will be liable for damages (including costs and attorneys’ fees) if he, she or it materially misrepresents that material is not infringing the copyright or intellectual property right of others. If you are not sure whether certain material infringes the copyright or IP right of others, we suggest that you first contact an attorney.

Notices and counter-notices with respect to the Website must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/legislation/pl105-304.pdf for details) [Include hyperlink] and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

DMCA Complaints

EH Management LLC.
c/o Legal Department
6633 Hollywood blvd

Los Angeles, CA 90028

legal@escapehotelhollywood.com

Phone: (323) 848-4954

Effective as of January 1, 2016
Last modified as of December 31, 2015

PRIVACY AGREEMENT

PRIVACY POLICY

EH Management LLC (“Escape Hotel,” “we,” “our, “us”), which owns the Escape Hotel website, respects and values your privacy. Accordingly, Escape Hotel has established this privacy policy (“Privacy Policy”) to explain and help you understand what information Escape Hotel collects from or about you, how Escape Hotel uses that information, with whom Escape Hotel shares that information and what choices you have when you interact or use any advertisements, forums, email functions, internet links, information, content, and Services (as defined below) available through the domain and subdomains located at, www.escapehotelhollywood.com Escape Hotel applications, including those for mobile devices, and the Information, or Submitted Content (as defined below) (collectively, the “Website”) and use the features, products and/or services offered on or through the Website (collectively, “Services”). Escape Hotel tailors the Website for individuals or entities who visit or use the Website (collectively, “Users”) for personal use only. This Privacy Policy is incorporated into, governed by, part of, and subject to the Escape Hotel Terms of Use Agreement (“Terms of Use”)http://escapehotelhollywood.com/legal/#terms-of-use, which can be accessed at http://escapehotelhollywood.com/legal/#terms-of-use. All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such term in the Terms of Use.

The Website may allow Users to set up unique profiles, post photos or comments, ask or answer questions, send any messages, submit any ideas or feedback, share content or information, or otherwise participate in any Escape Hotel forum, or submit any postings, messages, questions, text, articles, photos, audio/visual works, information, feedback or content provided by you (collectively, “Submitted Content”). To enrich our Users’ experience, we may display some User information to other Users. Users can change their profile information at any time and can control how the Website communicates with them.

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage. BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE CLOSE YOUR ACCOUNT AND/OR DO NOT USE THE SERVICES OR ACCESS THE WEBSITE.

A. Personal Information We Collect

Escape Hotel collects personal and non-personal information from Users. In order to make purchases or use certain features and Services on or through the Website, Users may be required to register for a password-protected account (“Account”).

1. User Information: When you create an Account, you will provide us with your first and last name, your gender, social media information (i.e. Facebook, Twitter, Instagram, Pinterest, etc.) and e-mail address. During the registration process, Escape Hotel will give you the opportunity to provide additional information to complete your profile, including, but not limited to, your interests, your photograph, date of birth, your address and Services in which you may be interested. We use this information to authenticate Users and to send notifications and relevant information to Users relating to the Website. We also may collect personal information that Users submit during their interaction with the Website or the Services.

B. Information Collected from Social Networking Sites: Users have the option of creating an Account and logging into the Website by using their Facebook or Google+ account. If you choose to do so, we will request that you give us permission to access and collect your Facebook or Google+ basic account information, including your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and other public or non-public information, as applicable.

C. Additional Features: Escape Hotel may make other features available to sync information with Escape Hotel, for example, iOS and Android mobile applications that allow you to sync your device’s information with your Account on the Website. We may collect any information that you upload or sync with the Website. All such information is covered by this Privacy Policy.

D. Invitations and Other Communications to Non-Users: Users can invite others to access the Website and/or create Accounts by sending invitation emails via our automated invitation system. We store the email addresses that Users provide so that the respondents may be added to the list of the Users sending the invitations, and also to send reminders of the invitations. We do not sell these email addresses or use them to send any other communication besides invitations and reminders. Recipients of invitations may contact us to request the removal of their information from our database.

E. Cookies: We and our third-party service providers use cookies and similar technology to identify you, make it easier for you to use the Services or access the Website, increase our security, measure your use of the Services, aid in advertising, and to protect both you and Escape Hotel. Cookies enable us to collect information about your use of the Website and the Services, the amount of time you spend on the Website, the URL of the site you visited immediately prior to the Website, your viewing habits of the Website, your IP address and the type of device you are using. We use this information for Website analytics, to help us provide content, Services, or advertising that is consistent with your interests, to help us evaluate the success of our content, Services, or advertising or in any other way that is not inconsistent with this Privacy Policy. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set – each browser is different, so check the settings menu of your browser to learn how to change your cookie preferences. Please note, however, that some of the Services of the Website may not function properly when cookies are disabled. Your continued use of the Services or access of the Website serves as your consent to the placement of cookies in your browser in accordance with this Privacy Policy.

F. Web Beacons and other Mechanisms: There are other mechanisms we may use (such as web beacons and tags) that enable us to obtain certain usage information regarding the Services and the Website. When we send you e-mails, we may include a web beacon to allow us to determine the number of people who open our e-mails. When you click on a link in an e-mail, we may record this individual response to allow us to customize the Service offerings to you. Web beacons collect only limited information, such as a time and date of a page being viewed, and a description of the page on which the web beacon resides (the URL). Web beacons can be refused when delivered via e-mail. If you do not wish to receive web beacons via e-mail, you will need to disable HTML images or refuse HTML (select Text only) e-mails via your e-mail software. Although these mechanisms are similar to cookies, they are different in that they are not stored on your computer, and therefore cannot be disabled through your browser.

G. Do Not Track Signals: Escape Hotel does not currently incorporate a self-regulatory protocol with regards to internet browsers using Do Not Track signals nor does it impose any protocol on third parties with whom it may share User data.

H. Security Breaches: Escape Hotel does not anticipate any breaches within the Website or Services; however, if such breach occurs and any User data is acquired by an unauthorized person, then Escape Hotel will notify the respective User of the details via the e-mail address you provided us.

I. Third-Party Advertising: Advertisements appearing on the Website may be delivered to Users by Escape Hotel or one of our advertising partners. Our advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time it sends you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked on. This information allows an ad network to deliver targeted advertisements that it believes will be of most interest to you. This Privacy Policy covers the use of cookies by Escape Hotel and does not cover the use of cookies by any advertisers. From time to time, Escape Hotel or a partner may sponsor a promotion, sweepstakes or contest on the Website and Users may be asked to provide personal information, including name, email address or home address or to submit photographs or answer questions in order to participate. In addition, we may transfer personal information to certain ad partners that you have explicitly requested to receive information from.

J. Submitted Content: Escape Hotel may allow Users to submit or post Submitted Content on the Website, including comments, questions, reviews, ratings, photographs, and other information you choose to share or make available. Submitted Content may become public and available for other Users to view. Escape Hotel disclaims all warranty and liability against the publicity of Submitted Content and is not liable for any Submitted Content from being used in a manner that may violate this Privacy Policy or the law, by someone other than Escape Hotel.

K. Other User Information: Our website tracking program does not provide us with personal information about Users who have not created an Account; however, as is true of most websites, we gather certain information about all Users and store it in log files. This information includes aggregate User information, IP addresses, browser type, location, internet service provider, CPU speed, connection speed, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, on an aggregate, anonymous basis without identifying individual Users, to analyze trends, to administer the Website, to track Users’ movements around the Website and to gather demographic information about our User base as a whole. We do not link this automatic data to personally identifiable information, except, in rare instances, we reserve the right to use IP addresses for security and monitoring purposes, including, but not limited to, to identify individuals who threaten the Website, Escape Hotel or others. As part of this use of information, we may provide aggregate, anonymous information to our partners about how our Users, collectively, use the Website to provide more relevant Services and advertisements to Users.

L. E-mail Security: Messages that you send to us by e-mail may not be secure. If you choose to send any confidential personal information to us via e-mail, you accept the risk that a third party may intercept and use this information.

M. Use of Information: The information we collect, both personal and aggregate, is used to provide a better experience for Users on the Website. Accordingly, we may use your information in the following ways:

* To provide availability of the Website and its Services to you, including registering you as a User, verifying your identity and authority to use the Services, and to otherwise enable you to use our Website and the Services;
* To provide customer support and to respond to any inquiries, questions or concerns you may have;
* For internal record-keeping purposes;
* To process billing and payment, including sharing third-party payment gateways in connection with the Website and/or Services;
* To improve the Website and Services;
* To send promotional emails to the email address you provided Escape Hotel;
* To allow Escape Hotel to conduct market research and provide Escape Hotel with Website analytics;
* To contact you via email, telephone, facsimile, or mail, or, where requested, by text message, to deliver certain services or information you have requested;
* To resolve disputes between and amongst Users;
* To resolve disputes between us and Users;
* To protect ourselves and other Users of our Website and Services;
* To enforce the Terms of Use;
* To verify accuracy of the information you provided; and
* To provide you with a personalized experience based on their personal wants and needs as indicated by your personal information.

We may release personal information when we believe in good faith that release is necessary to comply with law or court order or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; enforce or apply our conditions of use (such as this Privacy Policy or the Terms of Use) and other agreements, or protect our rights, property or safety, or that of our employees, our Users, or others. This includes exchanging information with other companies and organizations for fraud protection or security violations, including any harmful, infringing or illegal activity. Our disclosures may occur under circumstances where we may not be authorized to advise you of such action.

N. Disclosure of Information: Although we value your privacy, we may share information we have collected from or about you in the following ways:
* If required to do so by law, government regulation, or other government authority or in cooperation with an investigation by law enforcement or other governmental authority, we will disclose your information to law enforcement, government agency or other government official.
* It is possible that Escape Hotel may undergo a change of control, change in ownership, a merger, a sale of (all or substantially all) its assets, a corporate reorganization, whereas Escape Hotel is acquired by a third party (“Successor”). In such a case, Escape Hotel reserve the right, in its sole and absolute discretion to transfer and convey all information we have collected from or about Users, including information collected from their use of the Website and Services, to any such Successor.
* In the event that Escape Hotel experiences a bankruptcy, reorganization or receivership, Escape Hotel reserves the right to transfer and convey the information we have collected from or about Users, including information collected from their use of the Website and Services.
* In certain circumstance, and in order to provide you with requested Services, we may disclose your information with third parties that are not affiliated with us, but with whom we have a contractual relationship.
* We may provide certain information of Users to third parties in order to facilitate the Services on the Website.
* We may disclose your information to enforce or protect our rights under this Privacy Policy and the Terms of Use.
* We may disclose your information to protect the safety of any party.
* We may disclose your information to our affiliates, subsidiaries, joint ventures, partners, or other entities under our common control (“Affiliates”). All Affiliates are subject to this Privacy Policy.
* We may use the services of and disclose your information to third-party advertising companies in order to display relevant advertising on the Website and to measure the effectiveness of such advertising.
* We may disclose your information to third-party service providers, including, but not limited to, credit card processors, in order to provide the Services on the Website. This information will only be disclosed to the extent necessary to deliver to you such Services.
* We may disclose your information to any party to whom you request or authorize us to disclose information.

O. Your Choices: The Website allows a User to sign-up to receive newsletters, alerts, contest notifications and e-mails from Escape Hotel (to the extent that we provide these options). You always may (a) opt-out from our mailing list, (b) update certain information about you after you register with us, or (c) request deletion of your Account with us, in each case by clicking on the unsubscribe or manage preferences link contained in each e-mail sent. When you update information, however, we often maintain a copy of the unrevised information in our records. In addition, please note that some information may remain in our records after deletion of your Account.

You understand and agree that, even if you opt-out, you will continue to receive legal notices from Escape Hotel, including any changes to this Privacy Policy or to the Terms of Use. You will also continue to receive messages, confirmations or other information in response to any direct request you have made of us or relating to any transactions you initialize, process, or complete on or through the Website.

P. Profile, Blogs, Message Boards, Chat Rooms, and Public Forums: Whenever you voluntarily post public information to your profile, blogs, message boards, chat rooms, or any other public forums (to the extent that we provide these options), that information will become publicly available, even if within a portion of the Website that may be accessed only by Users. This means that the information may become available to the general public, even if you are intending to post the information on a portion of the Website that can only be accessed by other Users since those forums are public by their nature. This Privacy Policy does not govern the actions of third parties.

Q. Third-Party Sites: The Website may contain links to websites and services that are neither owned, managed, nor controlled by Escape Hotel (“Third-Party Sites”). This Privacy Policy does not apply to Third-Party Sites. Escape Hotel has no responsibility for the privacy practices or the content of Third-Party Sites.

Availability of Third-Party Sites on or through the Website are for convenience only, and Escape Hotel does not in any way, express or implied, endorse or approve any Third-Party Sites. Escape Hotel makes no warranties or representations as to the accuracy, adequacy or safety of any information found at Third-Party Sites. Escape Hotel is not responsible and disclaims all warranties and/or liability from your use of Third-Party Sites. Your use of Third-Party Sites is governed by any applicable Terms of Use or privacy policy of such Third-Party Sites.

R. Escape Hotel E-mail Links: You may e-mail us directly at info@escapehotelhollywood.com with any questions or comments. Escape Hotel endeavors to read messages received and to respond promptly. In addition to replying to your comment or inquiry, we may file your correspondences with Escape Hotel, including emails, for future reference regarding improvements to the Services or the Website.

S. Security: The security of your personal information is important to us. We use reasonable precautions to protect the personal information we receive or that we store within our database, and we restrict access to User information to those workers who need access to perform their job functions, such as our customer service personnel and technical staff. In addition, Accounts are secured by passwords that are generated by Users. Nonetheless, no website is completely secure and we cannot guarantee the security of such information. As a result, although we take appropriate measures to safeguard against unauthorized disclosures of personal information, you acknowledge that: (a) we cannot guarantee you that the information we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy; (b) there are security and privacy limitations of the internet and wireless networks which are beyond our control; (c) the security, integrity and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (d) any such information and data may be viewed or tampered with in transit by a third party. In addition, unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time. It is solely your responsibility to secure your User password.

T. Privacy of Children: The Website is not designed or intended for use by anyone under age 13. If you are under age 13, you should discontinue use of the Website immediately. Children under age 13 may not submit any personal information to us, and if we discover that we have inadvertently gathered any such information from a child under age 13, we will take appropriate steps to delete all such information. If you are under 18, you should access or use the Website only with involvement of a parent or guardian.

U. Notification of Changes: From time to time, we may amend, modify, alter, or otherwise update this Privacy Policy; for example, in light of new technology, a change in applicable law, or as our business needs or other facts dictate. If Escape Hotel decides to make such changes to the Privacy Policy, we will post these changes on the Website. By continuing to use the Website, you agree to be bound by any minor changes to the policy, after we post such changes. If, however, we are going to use Users’ personally identifiable information in a manner materially different from that stated at the time of collection we will notify you of such changes. Please check this portion of the Website frequently to see recent changes to this Privacy Policy.

V. Termination: If you decide to terminate your Account, or if we terminate your Account pursuant to the Terms of Use, you will no longer provide further information to Escape Hotel. Nonetheless, Escape Hotel may retain your information, to the extent permitted under this Privacy Policy and allowed by law.

W. Contact Information: If you have any questions or concerns regarding privacy on the Website, please contact us as follows:

EH Management LLC.
c/o Legal Department
6633 Hollywood blvd

Los Angeles, CA 90028

legal@escapehotelhollywood.com

Phone: (323) 848-4954

Effective as of January 1, 2016
Last modified as of December 31, 2015