LEGAL – The Escape New York City

TERMS

Please Read Carefully Before Using This Site:

This website (the “Site”) is owned and operated by TheEscapeNYC.com. (“we” or “us”). We maintain this Site for information and communication purposes. The Site includes both information that we provide and also comments and conversation provided by persons and businesses that visit this Site (“Users”). We want Users to enjoy using this Site and to offer quality comments and conversation. We appreciate that you are interested in using this Site and welcome your views on various subjects. Any comments or posts to this Site are not to be considered the position or opinion of TheEscapeNYC or our employees, and any feedback and comments posted to this Site are solely the responsibility of the User that makes the post . TheEscapeNYC specifically reserves the right to moderate this Site to ensure that all Content is appropriate and credible. TheEscapeNYC shall not be responsible for the Content that is posted by Users or how any Content may be interpreted or used by others.

These Terms of Use govern your access to and use of the Site. By using this Site and providing feedback and comments on it you agree to these Terms of Use. If you do not accept these Terms of Use or you do not meet or comply with the terms, conditions and provisions set forth herein, you may not use or post to this Site.

TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

Your use of this Site shall be subject to the terms set forth below.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

2. Changes to Terms

TheEscapeNYC may, at its discretion, at any time, for any reason and without notice, make changes to (a) this Site, including its look, feel, format and content, as well as (b) the content and materials as described in this Site. Any modifications will take effect when posted to the Site. Therefore, each time you access this Site, you need to review the Terms of Use upon which access and use of this Site is conditioned. By your continuing use of the Site after changes are posted, you will be deemed to have accepted such changes. TheEscapeNYC shall not be liable to any User or third party for any such modifications.

3. Jurisdiction

The Site is directed to individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site, including its content and materials, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. TheEscapeNYC makes no representation that the information, opinions, advice or other content on the Site (collectively, “Content”) is appropriate or lawful in jurisdictions outside the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use

You are only authorized to view, use, copy for your records and download small portions of the Content (including, without limitation, text, graphics, software, audio and video files and photos) of this Site for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Site, or the design or layout of the Site or individual sections of it, in any form or media. The systematic retrieval of data from the Site is also prohibited.

Please consult our Privacy Policy regarding any personal information that you supply to us through this Site and that can be viewed on the Site. TheEscapeNYC shall not be subject to any obligations of confidentiality regarding any information or materials that you submit on this Site, except as set forth in any written agreement between TheEscapeNYC and you, or as otherwise required by applicable law.

You agree not to submit or transmit Content or materials through the Site that

• are defamatory, threatening, obscene, discriminatory or harassing;

• contain a virus, worm, Trojan horse or any other harmful component;

• incorporate copyrighted or other proprietary material of any third party without that party’s permission; or

• otherwise violate any applicable laws.

We reserve the right to take down any Content posted by you that, in our determination, violates the foregoing prohibitions. In addition, the violation of any of the foregoing prohibitions, as determined by us in our sole discretion, is grounds for you being denied access to the Site. You are also advised that you will be held responsible for any and all costs, losses, liabilities and damages incurred by TheEscapeNYC arising from your violation of the foregoing prohibitions, including but not limited to attorney’s fees and other litigation expenses,

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Site without the prior written consent of TheEscapeNYC is strictly prohibited.

5. Copyrights and Trademarks

The Content on this Site, including but not limited to images, photographs, data, text, music, sound, video or other content, as well as the organization and layout of this Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions, and is either originally developed by us or is used by us under a license from third parties. You may use the Site for your personal use and not for resale or further distribution. Except for your preexisting rights and this limited license granted to you, TheEscapeNYC retains all right, title and interest in and to this Site, including all related intellectual property rights. You may access, download and print materials on this Site solely for your personal and non-commercial use; however, any printout of this Site, or portions of the Site, must include TheEscapeNYC’s copyright notice. No right, title or interest in any of the Content or materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish or license any part of this Site or any Content; create derivative works from, link to or frame in another website; or transfer or sell any information obtained from this Site without the prior written permission of TheEscapeNYC.

Except as expressly provided under the “Scope of Use” section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Site or any Content without the prior written permission of TheEscapeNYC. You may not use a part of this Site on any other website, without TheEscapeNYC’s prior written consent.

TheEscapeNYC respects the intellectual property rights of others and expects our Users to do the same. The policy of TheEscapeNYC is to terminate the accounts of Users that violate copyrights or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes infringement of copyrights or other intellectual property rights, please contact us at [email protected].

TheEscapeNYC® is a registered trademark of TheEscapeNYC LLC. Your display, reproduction or other use of the TheEscapeNYC trademark without our express written consent is strictly prohibited.

6. Links

For your convenience, we may provide links to various other websites that may be of interest to you. However, TheEscapeNYC does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies and privacy policies of any other company or website you may link to from our Site. This Terms of Use policy applies only to this Site. If you decide to access any of the third-party sites linked to this Site, you do so at your own risk. TheEscapeNYC reserves the right to terminate any link or linking program at any time. TheEscapeNYC disclaims all warranties, express and implied, as to the accuracy, validity or legality of any materials or information contained on such sites.

You may not link to this Site without TheEscapeNYC’s written permission. If you are interested in linking to this Site, please contact [email protected]

7. No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to TheEscapeNYC that you will not use the Site for any purpose that is unlawful or prohibited by this Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming

Gathering email addresses from TheEscapeNYC through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with TheEscapeNYC should be directed to: [email protected].

9. No Warranties

THE SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY AND NON-INFRINGEMENT, ALL OF WHICH TheEscapeNYC EXPRESSLY DISCLAIMS. TheEscapeNYC DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, AND TheEscapeNYC WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THIS SITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THIS SITE. TheEscapeNYC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR THAT IT WILL BE ERROR-FREE OR COMPATIBLE WITH YOUR COMPUTER SYSTEM, OR THAT ANY ERRORS CAN BE IDENTIFIED AND CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS.

YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of New York, USA, without reference to its choice-of-law rules and the Federal Arbitration Act. The United Nations “Convention Relating To A Uniform Law On The International Sale Of Goods” shall not apply. If an applicable law is in conflict with any part of these Terms of Use, these Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with TheEscapeNYC. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with TheEscapeNYC.

12. Digital Millennium Copyright Act, Copyright Policy and Copyright Agent

TheEscapeNYC respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide 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 claimed to have been infringed.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(d) Address, telephone number, and, if available, an electronic mail address where we may contact you.

(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 owner, its agent, or the law.

(f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site’s Copyright Agent can be reached at:

[email protected]

13. Privacy Policy

Please consult our Privacy Policy, which you can view on this Site, regarding any personal information that you may supply to us through this Site. Our goal is to protect your privacy and any information you elect to submit to us.

14. User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

15. User Submissions and Communications; Public Areas

You acknowledge that you own, are solely responsible for, or otherwise control all of the rights to the Content that you post. By posting Content to the Site, you represent and warrant to us that the Content is accurate; that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify TheEscapeNYC or its affiliates for all claims resulting from Content you post.

If you make any submission to an area of the Site accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to TheEscapeNYC by email, you automatically represent and warrant that the owner of such Content or intellectual property has expressly granted TheEscapeNYC a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or Content in any media or medium, or any form, format or forum now known or hereafter developed. TheEscapeNYC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to TheEscapeNYC by email. We try to answer every email in a timely manner, but are not always able to do so.

Any opinions, advice, statements or other information that constitutes part of the Content expressed or made available by any third parties on the Site are those of the respective authors or producers and not that of TheEscapeNYC, its officers, directors, owners or employees.

Under no circumstances will TheEscapeNYC or its officers, directors, owners or employees be responsible or liable in any manner for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate any information, opinions or advice or other Content available.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Site are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the Content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. TheEscapeNYC has full discretion to delete messages at any time and for any reason.

TheEscapeNYC reserves the right (but is not obligated) to do any or all of the following:

(a) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(b) Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Use.

(d) Edit or delete any communication(s) posted on this Site, regardless of whether such communication(s) violate these standards.

TheEscapeNYC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. TheEscapeNYC has no liability or responsibility to Users of the TheEscapeNYC Site or any other person or entity for performance or nonperformance of the aforementioned activities.

16. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any TheEscapeNYC confidential information and/or intellectual property rights, or preserving the status quo or avoiding further or irreparable harm, any controversy or claim arising out of or relating to these Terms of Use or this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (the “AAA”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in New York City, New York, USA before a single arbitrator selected by the AAA. The arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The arbitrator shall have the right to award costs (including legal fees and the costs of the arbitration) and interest. Any award or determination of the arbitrator shall be final and binding on TheEscapeNYC and you and no appeal will lie. TheEscapeNYC and you each irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings except as otherwise referenced in the preceding paragraph. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be.

17. Limitation of Liability

YOUR USE OF THIS SITE AND ANY CONTENT CONTAINED THEREIN IS AT YOUR OWN RISK. TheEscapeNYC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF TheEscapeNYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, UNAUTHORIZED ACCESS TO THE SITE OR THE CONTENT OR ANY OTHER CAUSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

18. Indemnity

You agree to defend, indemnify, and hold TheEscapeNYC, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

19. Accounts and Security

As part of the registration process, each User will select a password (“Password”) and Login Name (“Login Name”). You shall provide TheEscapeNYC with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account.

You may not:

(a) Select or use a Login Name of another person with the intent to impersonate that person.

(b) Use a Login Name subject to the rights of any other person without authorization.

You shall notify TheEscapeNYC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at TheEscapeNYC’s sole discretion, and you may be reported to appropriate law-enforcement agencies. TheEscapeNYC may terminate your access to all or any part of this Site at any time, with or without notice, with or without cause, effective immediately. If you wish to terminate this agreement, you may simply discontinue use of this Site.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at [email protected].

Last updated January 7, 2023