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These terms and conditions (the “Terms”) govern your access to and use of www.escapinguru.com and mobile applications that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with EscapinGuru Ltd. (“EscapinGuru”). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us” and “our” refer to EscapinGuru.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through or in connection with the Site, such as ratings, reviews, compliments, invitations, messages and information that you publicly display or displayed in your account profile or on your business page. “User Content” means Content that users submit or transmit to, through or in connection with the Site. “EscapinGuru Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than ESCAPINGURU or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and EscapinGuru Content.
2. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. You agree that you will review these Terms periodically. You are free to decide whether or not to accept a modified version of these Terms, but such acceptance is required for you to continue using the Site. Your use of the Site is subject to the version of these Terms that in effect at the time of your use. You may have to click “accept” or “agree” to show your acceptance of any modified version of these Terms. If you do not agree to these Terms, your sole recourse is to terminate your use of the Site.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with EscapinGuru, and any inconsistencies among the different versions will be resolved in favor of the English version.
4. USING THE SITE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You accept full responsibility for your use of this Site and for the use of those under your care. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
b) Permission to Use the Site
We grant you permission to use the Site subject to the restrictions set forth in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate.
c) Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
d) User Accounts
Whether you are a private user or a Merchant, you must create an account and provide certain information about yourself and/or your business in order to use some of the features that are offered through the Site. You are responsible for keeping your account information and password secure. You agree to promptly update all information to keep your account current, complete and accurate. You agree to notify us immediately of any unauthorized use of your account or of any error that must be corrected in respect of your account or information concerning your business.
Once you are logged in to your account, if you are a Merchant and the Site contains information concerning your business, you may “claim” your business’ dedicated webpage created by us by sending us an email to that effect or by clicking here. Once claimed, you are responsible for updating and for the accuracy of the information on your business’ dedicated webpage.
We reserve the right to close your account and/or take down your dedicated webpage at any time for any or no reason.
In order to maintain honesty and transparency, if you are a Merchant you may not create and/or maintain a personal account on the Site. If you had a personal account prior to your Merchant account, it is your responsibility to close your personal account before opening your Merchant account. If you are found to simultaneously be maintaining both a personal and Merchant account, you and your business may be removed from the Site.
e) Communications from EscapinGuru and other Users
By creating an account, you agree to receive certain communications in connection with the Site. You can opt-out of non-essential communications by sending us an email message to such effect.
a) Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by EscapinGuru.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is racist, defamatory, libelous, pornographic or threatening; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
b) Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it and allowing others to do the same in connection with their own websites and media platforms (“Third Party Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable and transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Third Party Media the right to access Your Content in connection with their use of the Site and any Third Party Media. Finally, you irrevocably waive, and cause to be waived, against EscapinGuru and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize and prepare derivative works of Your Content.
For purposes of your relationship with EscapinGuru, you own Your Content. We own EscapinGuru Content, including, but not limited to, visual interfaces, interactive features, graphics, designs, compilations, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the EscapinGuru Content and the Site, which are protected by copyright, patent and trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the EscapinGuru Content in whole or in part, except as expressly authorized by us. Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the EscapinGuru Content are retained by us.
EscapinGuru and its licensees may publicly display advertisements and other information adjacent to, or together with, Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change at our discretion and without notice to you.
Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings of your own business, or any business of your employer or competitor. All reviews and ratings you submit to the Site will be accurate, honest, truthful and complete in all respects. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your User Content. User Content (including any that may have been created by users employed or contracted by EscapinGuru) does not necessarily reflect the opinion of EscapinGuru and we cannot guarantee its accuracy. We reserve the right to remove, screen, edit or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content and do we do not guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
a) You agree not to, and will not assist, encourage or enable others to use the Site to:
i) Write a fake or defamatory review, trade reviews with other businesses or compensate someone or be compensated to write or remove a review;
ii) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
iii) Threaten, stalk, harm or harass others, or promote bigotry or discrimination;
iv) Post irrelevant Content, repeatedly post the same or similar Content or otherwise interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
v) Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Merchant account and as expressly permitted by EscapinGuru;
vi) Send bulk emails, surveys or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
vii) Solicit personal information from minors, or submit or transmit pornography; or
viii) Violate any applicable law.
b) You also agree not to, and will not assist, encourage, or enable others to:
i) Violate these Terms;
ii) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by EscapinGuru;
iii) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
iv) Reverse engineer any portion of the Site;
v) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
vi) Record, process, or mine information about other users;
vii) Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
viii) Reformat or frame any portion of the Site;
ix) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on EscapinGuru’s technology infrastructure or otherwise make excessive traffic demands of the Site;
x) Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
xi) Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
xii) Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
xiii) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
xiv) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
8. MERCHANTS AND THIRD PARTIES
The Site provides listings, reviews, contact information, promotional materials, geographic locations and other public information concerning escape rooms (“Merchants”). Each escape room has a dedicated webpage on which such information is listed. We will often create the initial version of such webpages and then allow them to be claimed by the relevant Merchant. Once “claimed,” the Content on each dedicated webpage is managed, updated and amended by the relevant Merchant. We do not endorse and are not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from any Merchant on its dedicated webpage. You agree that should you use or rely on such Content, data, materials or services, we are not directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in, any Merchant promotions, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Merchant and do not involve EscapinGuru. You should make whatever investigation or commit other resources that you deem necessary or appropriate before using the services provided by any Merchant listed on the Site or elsewhere.
Third parties and Merchants may link or otherwise direct users to the Site for the purpose of utilizing one or more of the services we provide. Additionally, we may provide links or otherwise direct you to third party or Merchants websites. We do not control or operate any such third party or Merchant websites. Any information you provide to such third party or Merchant websites is subject to the respective policies of such third parties or Merchants. It is your responsibility to review such third party or Merchant policies, including any relevant privacy policies. You agree that EscapinGuru will not be responsible or liable for, and does not endorse, any content, advertising, goods or services provided on or through these external websites or for your use or inability to use such websites. We do not make any representations or warranties with regard to the security of any information you might be requested to provide to any third party or Merchant. You use these third party or Merchant websites at your own risk.
You agree that EscapinGuru is not responsible for your interactions and dealings with Merchants, that you waive the right to bring or assert any claim against EscapinGuru in connection with any interactions or dealings with any Merchant, and you release EscapinGuru from any and all liability for, or relating to, any interactions or dealings with Merchants and expressly waive and relinquish all rights and benefits under any law of any jurisdiction with respect to the release of any unknown or unsuspected claims you may have against EscapinGuru pertaining to your interactions or dealings with Merchants.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services provided by, or participation in promotions of, third parties or Merchants found on or through the Site, are solely between you and such third party. You agree that EscapinGuru shall not be directly or indirectly responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such third parties or Merchants on the Site.
If you purchase advertising from EscapinGuru, the EscapinGuru Advertising Agreement will apply. In the event of any conflict between the EscapinGuru Advertising Agreement and these Terms, the EscapinGuru Advertising Agreement will prevail.
10. SUGGESTIONS AND IMPROVEMENTS
We appreciate hearing from you and welcome your comments and suggestions. Please be advised, however, that if you send us creative suggestions, ideas, drawings, concepts or other information (collectively, “Feedback”), such Feedback will be the property of EscapinGuru. Furthermore, none of the Feedback will be subject to any obligations of confidentiality and EscapinGuru will not be liable for any future use or disclosure of such Feedback.
You agree to indemnify, defend and hold EscapinGuru, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including from costs, liabilities and legal fees, in connection with any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. EscapinGuru reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of EscapinGuru. EscapinGuru will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ESCAPINGURU TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
a) THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT ESCAPINGURU MAY NOT MONITOR, CONTROL OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. ESCAPINGURU MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, ESCAPINGURU IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
b) ESCAPINGURU MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE, OR THE SITE’S USERS. ACCORDINGLY, ESCAPINGURU IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF ANY OF THE ABOVEMENTIONED PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
c) ESCAPINGURU EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES CONCERNING THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ESCAPINGURU SHALL CREATE A REPRESENTATION OR WARRANTY OF ANY KIND.
d) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE.
e) ESCAPINGURU’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO ESCAPINGURU IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $50.
f) ESCAPINGURU DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
13. CHOICE OF LAW AND VENUE
These Terms, as well as any claim, cause of action or dispute that might arise between you and EscapinGuru (a “Claim”), are governed exclusively by the law of the State of Israel, without regard to conflicts of law provisions. FOR ANY CLAIM BROUGHT BY ANY PARTY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED IN TEL AVIV, ISRAEL.
b) We may close your account, suspend your ability to use certain portions of the Site and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
c) In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
15. GENERAL TERMS
a) We reserve the right to modify, update or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
b) We may provide you with notices, including those regarding changes to the Terms by email or communications through the Site.
c) Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
d) The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
e) Any failure on EscapinGuru’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
f) If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
g) The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with EscapinGuru’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
h) The section titles in the Terms are for convenience only and have no legal or contractual effect.
Last updated on August 10, 2016