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Terms & Conditions of use

Effective date: 27th May 2019

1. INTRODUCTION

1.1. The PanIQ Room Site Terms & Conditions of Use describe the conditions under which you are entitled to access and use the Site www.paniqescaperoom.com (“The Site”), owned by PANIQ ENTERTAINMENT LLC (referred to as "we", "us", "our" or "PANIQ ROOM" in this Site Terms & Conditions of Use).

Please read these Site Terms & Conditions of Use (“Terms”) carefully before using our Site.

By visiting or continuing to use the Site you agree to be bound by these Terms.

If you do not agree to all these Terms, you may not visit, use, or access the Site and may not click on “Accept the Terms & Conditions of Use” when prompted on The Site.

1.2. The Site uses cookies; by visiting or continuing to use it, you agree to our use of cookies according to our Cookies Policy.

1.3. The Site is intended for adult users only; you must be at least eighteen (18) years old to use The Site. By accessing or using the Site you warrant and represent that you are eighteen (18) years of age or over.

2. LICENSE OF ACCESS AND USE

PANIQ ROOM grants you a limited, non-exclusive and revocable license to access The Site. This license is subject to and conditioned on compliance with the Site Terms & Conditions and, any other applicable policies included on The Site.

PANIQ ROOM may terminate any license it has granted to you to access or use The Site by providing notice, and the said termination shall be effective immediately upon PANIQ ROOM providing such notice.

3. PROHIBITED SITE USE

You may not use or encourage others to use the Site for illegal or fraudulent purposes or activities, including but not limited to the following:

  • Copy or duplicate any part of The Site.
  • Commercialize without authorization any part of The Site.
  • Make modifications to any part of The Site.
  • Make derived uses of any part of The Site.
  • Use programs, algorithms, automatic devices or any other methods in order to gain access to The Site, monitor or copy it.
  • Use The Site in certain way in order to reduce its operative power or diminish its infrastructural resources.

4. CHANGES TO THE TERMS

PANIQ ROOM may make changes to the Terms & Conditions at any time. When changes are made, we will post the new copy on The Site which will be available for you to review. Therefore, we encourage you to review the Terms and all applicable policies whenever you use The Site in order to understand the applicable conditions of use. By visiting or continuing to use the Site after the Terms have changed, you understand and agree that PANIQ ROOM will treat your use as acceptance with the updated version of these Terms.

If you do not agree to any changes of these Terms, you may not visit, use, or access the Site and may not click on “Accept the Terms of Use” when prompted on The Site.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. PANIQ ROOM owns all legal rights on The Site and within the services provided on it, whether those rights are registered in the United States, any other country or not.

5.2. You acknowledge and agree that the services provided on The Site may contain information that is designated confidential by PANIQ ROOM and that you shall not disclose such information without our prior written consent.

5.3. Unless you have been expressly and previously authorized by our written permission, you are not allowed to use any of PANIQ ROOM´s trade names, trademarks, service marks, logos, domain names and any other distinctive brand features or part of them. For the avoidance of doubt, if you generate any output from the use of the services and such output includes our trade name, trademark, service mark, logo, domain names or other distinctive PANIQ ROOM´s brand features, you agree not to remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices.

5.4. You are not allowed to use any trademark, service mark, trade name, logo of any third party mentioned in The Site in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

6. USER-GENERATED CONTENT (UGC)

6.1. Definition: In this Terms "User-Generated Content" means all works and materials, including but not limited to text, graphics, images, audios, videos, audio-visual material, scripts, software and files that you make available on or submit to our Site.

6.2. User-Generated Content License: PANIQ ROOM may now, or in the future, offer users of our Site the opportunity to submit, publish, post, display, or otherwise make available on or submit through the Site UGC as described above.

You acknowledge and agree that by submitting, publishing, posting, displaying, or otherwise making available on or submitting UGC to our Site, you give PANIQ ROOM a worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, and publish (on your behalf and pursuant to your instructions) on social networks such content. The license granted in this Section 6.2. is for the sole purpose of enabling PANIQ ROOM to display, distribute, improve and promote our services to you or your users.

6.3. Non-Confidentiality: If you provide, as part of your use of The Site or our services any content protected by personality or privacy rights, you specifically agree that PANIQ ROOM may use such content and treat it as a Non-Confidential UGC for the sole purpose of providing our services to you or your users according to our Privacy Policy. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your UGC is submitted at your own risk.

6.4. Representations and Warranties: You confirm and warrant to PANIQ ROOM that you have all the rights, power and authority necessary to grant the above licenses. Each time you submit any UGC, you represent and warrant that you are at least eighteen (18) years of age and/or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC: (a) You are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant PANIQ ROOM the licenses under these Terms, all without any obligation of us to obtain consent of any third party and without creating any obligation or liability of PANIQ ROOM; (b) The UGC will not violate these Terms, or cause injury or harm to any person.

6.5. Intellectual Property Rights of your UGC: Unless you have agreed otherwise in writing, you retain any intellectual property rights you may have of any content that you submit, publish, post, transmit or display on, or through our services, henceforth you agree that you are responsible for protecting and enforcing those rights and that PANIQ ROOM has no obligation to do so on your behalf.

6.6. If you breach any provision of these Terms, or if we reasonably suspect that you have breached these Terms in any way, we may delete, stop publishing or edit any or all of your content.

7. REPRESENTATIONS

7.1. By accessing or using the Site you represent and warrant that you are eighteen (18) years of age or over.

7.2. By accessing or using the Site you represent, warrant and agree that you do it in accordance with these Terms and that all the information you provide is accurate and truthful.

7.3. By accessing or using the Site you represent, warrant and agree that you will not use the Site in any way that may infringe personal or proprietary rights of a third party, cause injury of any kind to a person or entity, or violate or encourage other to violate any applicable law.

8. INDEMNITY

You agree to defend, indemnify and hold harmless PANIQ ROOM and our director, employees, representatives, agents, contractors and permitted assigns as an Indemnified Party from and against any third party claim, liability, deficiencies, judgments, settlements, losses, fines, damages, injuries, penalties, fees and expenses, in connection with your use of the Site.

9. LIABILITY

9.1. By accessing or using the Site, you acknowledge and agree that PANIQ ROOM does not have any obligations of non-disclosure, non-use or confidentiality, except for those stipulated in our Privacy Policy.

9.2. PANIQ ROOM will not be liable to you in respect of any loss or corruption of any data, database or software. By accessing or using the Site you agree that you are responsible for having and using your own virus and malware protection software.

9.3. By accessing or using the Site you agree that PANIQ ROOM and our director, employees, representatives, agents and contractors will not be liable to you in respect of any business losses, including but not limited to any loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill or any other punitive or consequential loss.

10. SEVERABILITY

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from the Terms or replaced by other that comes closest to expressing its original intention without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

11. NO WAIVER

You agree that if PANIQ ROOM fails or delays in exercising or enforcing any legal right, power or remedy which is contained in the Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

12. JURISDICTION AND GOVERNING LAW

These Terms, your relationship with PANIQ ROOM under these Terms, and any dispute brought by you against PANIQ ROOM shall be governed by, construed and resolved in accordance with the laws of the State of California, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.

You agree to submit to the jurisdiction of the courts of the State of California to resolve any legal matters arising from these Terms and the venue of the court of first instance shall be located in Los Angeles, California.

13. COPYRIGHT-RELATED ISSUES

If you believe there is a copyright infringement on the Site and you are the copyright owner or an authorized person to act on behalf of the owner, you can send a Notice complying with the Digital Millennium Copyright Act which can be found on the website of the U.S. Copyright Office www.copyright.gov

To file a Notice of infringement you can send an e-mail to info@paniqentertainment.com with an attached and signed PDF document with the following information:

  • The exact and permanent URL on the Site of the allegedly infringing content.
  • Proof of your copyright regarding the aforesaid content.
  • A statement as follows “I swear under penalty of perjury, that the information in the notice is accurate and that I am the copyright owner or an authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed”.
  • Your name, email address and telephone number.

14. HEADINGS

The headings used on these Terms do not restrict their interpretation as they are merely informative of their content.

15. ENTIRE AGREEMENT

These Terms constitute the whole legal agreement between you and PANIQ ROOM in connection with your use of the Site, and completely replace any prior agreements, representations, warranties, assurances or discussions related to this regard.

16. ASSIGNMENT

You acknowledge and agree that PANIQ ROOM may assign or transfer any part or the whole of the duties, obligations or rights established in these Terms to an assignee which shall assume them at any time and without providing any notice to you.

17. CALIFORNIA CONSUMER RIGHTS

Residents of California are entitled to the following specific consumer rights information:

  • You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., SuiteN-112, Sacramento, California 95834, or by telephone at 800.952.5210 or (916) 445-1254. Their website is located at: http://www.dca.ca.gov
  • You can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act in our Privacy Policy.

18. CONTACT US

If you have any doubt or queries regarding these Terms or you believe there is an infringement of these Terms, you can contact us or report it by sending an e-mail to info@paniqentertainment.com or a mail to PANIQ ENTERTAINMENT LLC, 3393 Barham Boulevard, Los Angeles-California CA 90068. Please note that the information you submit to us in your report, may not be kept confidential.

If you make a report of a possible violation to the Terms, PANIQ ROOM may take actions in accordance with these Terms and any applicable law or regulation. You agree that we may give you notices or otherwise respond to you by mail or to your e-mail if you have provided it or in any other manner reasonably elected by us, nevertheless, we are not obliged to reply to all reports we receive and sometimes it will not be possible to respond to your report.