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AGB´s

Last Update on 19-Oct-2018

Elite Experience EC GmbH, FN 491623a, Pirchäckerstrasse 34, 8053 Graz, Austria maintains the www.nowayout-escape.at (Company). The following are the terms of use that govern use of the Site ("Terms of Use"). By using the Site you expressly agree to be bound by these Terms of Use and the www.nowayout-escape.at privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. www.nowayout-escape.at reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, www.nowayout-escape.at may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

1. REFUND POLICY

www.nowayout-escape.at will not offer any refunds after a booking has been confirmed or when the game has been started. Any customer not attending the venue will be charged with the full amount due. A booking is considered confirmed once the customer has paid the amount due.

For rescheduling, please contact us at [email protected] or by calling +43 660 605 0000. If a rescheduled appointment is done in less than 24 hours before the initial arriving time and date, 100 percent of the total booking can be charged depending solely on www.nowayout-escape.at discretion.

Please arrive 10 minutes before your scheduled reservation time. Make sure you have ample time to allow for traffic and parking. Your punctuality is greatly appreciated. Since your ticket reserves the room for one hour, in case you show up late, your game time will be decreased. If the rest of your group arrives on time, they will be allowed to start without you.

2. CANCELLATION POLICY

Customer can cancel their games at any time. No refunds will be made.

If you arrive more than 15 minutes after the agreed time and date, this appointment will be forfeited and 100 percent of the booking will be charged as a cancellation fee.

In case of no-show on the booked date at the booked time, the entire booking amount will be due. There is no substitute date possible.

3. USAGE POLICY

3.1 The use of personal belongings of any kind, as well as the taking of smartphones, digital cameras, video, DVD and similar image or sound recording devices by game participants and their companions are prohibited within the entire operating facility.

3.2 Visiting or participating in company events is at your own risk. Parents are responsible for their children.

3.3 Anyone who harasses other visitors, does not comply with the orders of the supervisory staff or bid signs or otherwise interferes, can be directed without any claim for reimbursement of the game price of an escape room. In the event of force or destruction of the facility, the game may be terminated prematurely without refund.

3.3 Persons under the influence of alcohol, drugs or other psychoactive substances as well as persons suffering from a serious illness such as epilepsy, cardiovascular diseases, claustrophobia, panic attacks, or malaise in dark rooms, or even persons who are afraid of their condition in the room (some narrow spots) could worsen, participation in the games is prohibited.

3.4 Smoking and handling open flames, as well as carrying dangerous objects (eg puncture and firearms, etc.) that could cause personal injury or death, is strictly prohibited.

3.5 The customer is liable for damages to property and pecuniary loss caused by negligence or intent. Any theft or attempted theft will be reported and a handling fee of 500 EUR will be charged.

3.6 Food and beverages in the game rooms is are not allowed.

3.7 The supervisor is entitled to search the bags and clothing of the game participants before entering and leaving the game room. If a player denies or hinders the search, access to the game rooms will be denied without reimbursement of the fee. If, after the player has entered the game room, he has taken one of the prohibited items into the game room, the player will be deported without reimbursement of the paid fee.

3.8 It is not allowed for a customer to climb against the wall. Any damage to the room done by a customer has to be reimbursed.

3.9. Applying physical force against floor, walls, ceiling, doors, locks and game elements is strictly prohibited.

3.10 Complaints must be made in any case before leaving the venue. A later claim is excluded.

4. LIABILITIES

4.1 In the event of damage or failure to comply with the Company rules - either intentionally or simply by not following the rules of conduct or instructions of the staff - the visitor is obliged to pay full compensation for the damage and will be suspended with immediate effect. The company reserves the right to take legal action.

4.2 Company is not responsible for any physical and health damage caused to the customer in the event of failure to comply with the Company rules - either intentionally or simply by not following the rules of conduct or instructions of the staff written in the Terms of Use or given verbally.

4.3 Company is not responsible for the safety of your possessions.

5. SITE OPERATION

Austria is our Country of Domicile. www.nowayout-escape.at controls this Site from the Austria. www.nowayout-escape.at makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any Austria export laws and regulations.

6. APPLICABLE LAW

The Laws of Austria shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Austria.

7. PURCHASES

www.nowayout-escape.at accepts payment by Visa or Mastercard debit and credit cards, bank transfer payment, and in cash payment in EUR for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of www.nowayout-escape.at. All refunds will be made onto the original mode of payment.

8. REPRESENTATIONS BY YOU

www.nowayout-escape.at is developed for groups, or 2-6 players. You may use www.nowayout-escape.at escape rooms and services at your own risk. Children under the age of 10 must be accompanied by an adult. The games are not recommended for anyone under age 8. Fees can vary by game rooms, and seasonality. By visiting the Site, you represent, warrant and covenant that all materials of any kind submitted by you to www.nowayout-escape.at through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

9. PERMITTED USE

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by www.nowayout-escape.at to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by www.nowayout-escape.at to do so. The content and software on this Site is the property of www.nowayout-escape.at. The cardholder must retain a copy of transaction records and Merchant policies and rules.

10. YOUR ACCOUNT

If you use www.nowayout-escape.at Site, you are responsible for maintaining the confidentiality of your account and password if any and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password if any. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

NO COMMERCIAL USE

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain www.nowayout-escape.at prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. www.nowayout-escape.at will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS

The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. www.nowayout-escape.at has no control over these sites or the content within them. www.nowayout-escape.at does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. www.nowayout-escape.at does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against www.nowayout-escape.at for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at [email protected]

COPYRIGHT POLICY

www.nowayout-escape.at may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY

Although www.nowayout-escape.at is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through www.nowayout-escape.at’s system. The On-line Materials are www.nowayout-escape.at’s intellectual property, and are protected by local and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of www.nowayout-escape.at, except as expressly and specifically permitted under these Terms of Use. The On-line Materials are and will remain the exclusive property of www.nowayout-escape.at. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in www.nowayout-escape.at. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with www.nowayout-escape.at. You acknowledge and agree that www.nowayout-escape.at will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At www.nowayout-escape.at’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to www.nowayout-escape.at or perfect these rights, titles or interests in www.nowayout-escape.at’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. www.nowayout-escape.at MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. www.nowayout-escape.at ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. www.nowayout-escape.at SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF www.nowayout-escape.at HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF www.nowayout-escape.at WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

VIOLATION OF TERMS OF USE

You understand and agree that in www.nowayout-escape.at sole discretion, and without prior notice, www.nowayout-escape.at may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if www.nowayout-escape.at believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of www.nowayout-escape.at, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to www.nowayout-escape.at for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. www.nowayout-escape.at may release user information about you if required by law or subpoena.

INDEMNITY

You agree to indemnify and hold www.nowayout-escape.at, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

LICENCE GRANTED TO YOU

By providing materials to www.nowayout-escape.at, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted www.nowayout-escape.at an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. www.nowayout-escape.at may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against www.nowayout-escape.at for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to www.nowayout-escape.at. Any communication or materials you send to www.nowayout-escape.at will be treated as non- confidential and non-proprietary and may be disseminated or used by www.nowayout-escape.at for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. For more information on personal data read www.nowayout-escape.at's privacy policy.

ADVERTISING

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. www.nowayout-escape.at is not responsible for the acts or omissions of any advertiser or sponsor.

SEVERABILITY

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement. Payment Policy: Cash and credit card payment is applicable to all our escape room games upon arrival. For our online booking payment must be made through credit card and debit card. Online paypal payment will also be available. Confirmation of the online booking and payment is done through email. All our escape room games are rendered in Rauhensteingasse 7, 1010 Vienna, Austria.

LIMITED LICENSE

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. www.nowayout-escape.at may change, suspend, or discontinue any aspect of the Site at any time. www.nowayout-escape.at may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

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NoWayOut
KONTAKTIERE UNS
Rauhensteingasse 7, 1010 Wien, Österreich
KONTAKTIERE UNS