These Terms of Service (the “Terms of Service”) are a contract between you, the user, and EscapeSF, LLC (“we”, “us” or the “company“). The company organizes team-building activities (described herein as “activities”) and operates the EscapeSF website, www.questroomsf.com, and other related products and services. By using the EscapeSF website or participating in any of the activities (the “company services”), you (the “user”) are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the EscapeSF website and not to take part in the activities. Violation of the Terms of Service will result in the termination of your right to use the company services. We reserve the right to refuse service to anyone for any reason at any time.
The company services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. If you do not qualify as an authorized user, you are not permitted to use the company services and no contract will be formed between you and the company. As a condition of your use of the company services, you agree to provide us with true, accurate, current and complete information as prompted by the registration forms, when registering for or using the company services, and to update and maintain the truthfulness, accuracy and completeness of such information.
LICENSE AND SITE ACCESS
EscapeSF grants you a limited license to access and make use of the EscapeSF website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of the company. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of the company. You are prohibited from using meta tags or any other hidden text utilizing EscapeSF’s name or trademarks without the express written consent of the company. Any unauthorized use of this website voids the limited license granted by the company.
All right, title, and interest in and to the company services, including the EscapeSF brand, name, logo and domain name, text, graphics, logos, icons, images, audio and video clips, digital downloads, and software, are and will remain the exclusive property of us and our licensors. The content on the EscapeSF website is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Nothing in the Terms of Service gives you a right to use the company name or any of the company trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the company services belongs to us. Accordingly, any part of the company services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the company services.
You participate in the activities at your own risk. The company is not liable for any damage or injury caused as a result of your use of the company services or participation in any event. People under the influence of alcohol or drugs will be turned away from any activity and no refunds will be issued. Drinks and food may not be brought into any activities. Minors (individuals under age 18) must be accompanied by a parent or guardian. You understand and agree that your name, image or video recordings of you participating in an activity may be used by the company for its own purposes at any time.
CANCELLATION / RESCHEDULING POLICY
All sales are final. Once the booking is confirmed, refunds or cancellations are not accepted. Please confirm the game title and the date & time that you have chosen is correct. Rescheduling fee is $28 per game. Rescheduling within 48 hours of the scheduled event are not permitted.
CONTENT SUBMITTED BY USERS
Users that are permitted to post or submit content or material to the website grant the company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Such users agree that this license includes the right for us and other users of the company services to make user content available to others for the publication, distribution, syndication, or broadcast of such content on other media and services, subject to our terms and conditions for such content use. Such additional uses by us or others may be made with no compensation paid to the submitter.
We reserve the right to remove any content, suspend, remove or terminate access to company services at any time, or pursue any other remedy or relief available under equity or law.
EscapeSF LLC may share your information with the third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. They are also required to follow the same data security practices that we ourselves adhere to.
LIMITATION OF LIABILITY
Under no circumstances shall we be liable to you on account of your participation in any activity or use of the company services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if we have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from injury caused as a result of your participation in an activity, use or misuse of and reliance on the services, from inability to use the services, or from the interruption, suspension, or termination of the services (including such damages incurred by third parties or as a result of your registering for an activity via third parties). This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You also waive the right to bring or assert any claim against us relating to any parties who are involved with any activity, and release us from any and all liability for or relating to any interactions or dealings with such parties.
We do not guarantee the any particular result or experience as a result of your participation in the activity. You acknowledge that the outcomes of the activities are not within our control, and that we are not responsible for any experience that does not meet your expectations. You agree that you should not rely on any particular experience or outcome and that we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. You agree that your signing up for an activity via the website is not a guarantee that the activity will take place, and that any activity may be cancelled at any time.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the company services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify the company and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the company services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting by injury as a result of participation in any activity. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By visiting our website or otherwise accessing the company services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the company.
MODIFICATION OF SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the company services (or any part thereof) with or without notice. Prices of all activities and company services are subject to change. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the company services.
We reserve the right to modify, alter, delete and update these Terms of Service at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a pervious version of these conditions. Continued use of the company services after any such changes shall constitute your consent to such changes.
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