Terms And Conditions And Limitations Of Liability
These terms and conditions govern your use of Try’n Escape’s website. By using this website, you agree to these terms and conditions in full.
License to Use Website
Unless otherwise stated, Try’n Escape and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may not:
– Republish material from this website (including republication on another website);
– Sell, rent or sub-license material from the website;
– Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
– Redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable Uses
You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. You may not use this website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any malicious computer software.
You may not conduct any systematic or automated data collection activities on or in relation to this website.
You must not use this website to transmit or send unsolicited commercial communications or for any purposes related to marketing.
User Content
In these terms and conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Try’n Escape a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Try’n Escape the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Try’n Escape or a third party.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Try’n Escape reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.
Try’n Escape does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No Warranties
Your use of the website is at your sole risk and is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Try’n Escape makes no representations or warranties in relation to this website or the information and materials provided on this website. Try’n Escape does not warrant that this website will be constantly available, or available at all or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
Limitations of Liability
Try’n Escape is not liable for the contents of, or use of, or otherwise in connection with, this website:
You expressly understand and agree that Try’n Escape shall not be liable in any way for any direct, indirect, incidental, special, consequential, or exemplary loss, damage, or claim, including but not limited to damages for loss of profits, goodwill, use, loss or damage to creative material or data, loss of time or resources, or any other loss or claim of loss, tangible or intangible, resulting from your use of Try’n Escape or any third-party products that access the account.
Abusive, unlawful, or inappropriate use of the Try’n Escape website may result in the temporary or permanent suspension of your access. Try’n Escape, in its discretion, will determine what constitutes abusive, unlawful or inappropriate use and will make reasonable attempts via email to you of potential problems prior to suspension.
These limitations of liability apply even if Try’n Escape has been expressly advised of the potential loss.
As a limited liability entity, Try’n Escape has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Try’n Escape’s officers or employees in respect of any losses you suffer in connection with the website.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
Indemnity
You agree to indemnify Try’n Escape against any losses, damages, costs, liabilities and expenses incurred or suffered by Try’n Escape arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
In the event of a breach of these terms and conditions, Try’n Escape may take such action as it deems appropriate, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to block your access to the website and/or bringing court proceedings against you.
Changes to Terms and Conditions
Try’n Escape may revise these terms and conditions from time-to-time. You agree that it is your responsibility to check this page regularly to ensure you are familiar with the current version.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions, together with Try’n Escape’s Privacy Policy, constitute the entire agreement between you and Try’n Escape in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Governing Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of Colorado, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Colorado.