Terms and Conditions
Last Updated: 10/1/2022 (Faster Shipping Times Added)
The following terms and conditions govern all use of the escape-the-crate.com website, escapethecrategame.com website, and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Escape the Crate LLC (“ETC”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ETC’s Privacy Policy) and procedures that may be published from time to time on this Site by ETC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ETC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your ETC Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account, users or anything else in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ETC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ETC liability. You must immediately notify ETC of any unauthorized uses of your account, your account or any other breaches of security. ETC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Payment and Renewal.
General Terms.
Paid services are available on the Website (any such services, a “Retired box” or “Subscription Order”). By selecting an order you agree to pay ETC the bimonthly or recurring subscription fees indicated for that service. One time payments are charged one time. Recurring payments will be charged on a pre-pay basis on the day you sign up for a Subscription Package and will cover the use of that service for a monthly, quarterly or annual subscription period as indicated. Subscription Package fees are not refundable. Upon cancelling your subscription, you will not be refunded for boxes you have not yet received, but instead will not be charged again. The boxes prepaid for will still arrive on schedule.
Automatic Renewal.
All renewing orders will renew on the 14th or 15th of the month. You will be notified via email 2 days before the renewal. Unless you notify ETC by the 15th that you want to cancel a Subscription Package, your Subscription Package subscription will automatically renew and you authorize us to collect the then-applicable 2 month, 4 month, 6 month, or 12 month subscription fee for such Subscription Package (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription Packages can be canceled at any time in the Account section of your account, but that cancellation applies to all future charges from that date forward. Previously ordered and paid boxes will still ship on schedule and will not be refunded. If you wish to not be charged for the renewal and would like a full refund of said renewal, you have 2 days (48 hours) from the renewal to email ETC at support@escapethecrategame.com for a refund. After those 48 hours have passed, you will not receive a refund for a renewal even if cancelled, as the renewal boxes will be sent to you on schedule. Once your order is confirmed with us and it has been sent to our fulfillment center, we may not be able to change or modify the order as it has already shipped.
Shipping
ETC fulfills orders through the United States Postal Service (USPS) or the United States Postal Service International. Please verify your address before completing your order. We want you to receive your order as quickly as we can, but we are not responsible for orders that have the incorrect addresses. We are not responsible for lost or misdirected orders due to incorrectly entered addresses. Should you receive notice that your order was delivered but you can not locate the package, please check with the postal service and the other member(s) of your household to see if they accepted the package themself. You should also check with your neighbors to see if the package was mis-delivered. If you are still unable to locate your package after 3 days and before 15 days, contact ETC for further assistance.
Refunds
ETC does not refund boxes if you do not like the game or find it to be too difficult. In addition, ETC does not refund previously purchased boxes that are still scheduled to ship after a cancellation is made. Cancellations are for future charges only and do not revert back to previous purchases. ETC does not refund boxes that have been lost or damaged due to shipping, but will replace lost of damaged items. ETC will not refund orders because of extended shipping times after the box has left our possession. In the event of a duplicate order, incorrectly ordered item, or the use of a wrong payment method, email support@escapethecrategame.com and ETC will help fix the order, but in the event of an order error on the part of the customer, we may not be able to refund or replace the item.
Online and Virtual Games
ETC offers virtual versions of our games. These are played via the “Telescape Live” system. Since these games are hosted through that website, game codes are only valid for 72 hours from when the game was started. At the end of that time the game code will expire and will not be playable. Online games are one-time played games and can not be replayed, as you are purchasing a one-time token to play and not a physical game.
Responsibility of Website Visitors. ETC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ETC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ETC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ETC.com links, and that link to ETC.com. ETC does not have any control over those non-ETC websites and webpages, and is not responsible for their contents or their use. By linking to a non-ETC website or webpage, ETC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ETC disclaims any responsibility for any harm resulting from your use of non-ETC websites and webpages.
Copyright Infringement As ETC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ETC.com violates your copyright, you are encouraged to notify ETC. ETC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ETC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ETC or others. In the case of such termination, ETC will have no obligation to provide a refund of any amounts previously paid to ETC.
Intellectual Property. This Agreement does not transfer from ETC to you any ETC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ETC. ETC, the ETC.com logo, and all other trademarks, service marks, graphics and logos used in connection with ETC.com, or the Website are trademarks or registered trademarks of ETC or ETC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ETC or third-party trademarks.
Changes. ETC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ETC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. ETC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ETC.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a ETC account, such account can only be terminated by ETC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ETC’s notice to you thereof; provided that, ETC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The material displayed on this Website is provided without any guarantees, conditions or warranties in relation to any statements, comments or representations made. Unless expressly stated to the contrary to the fullest extent permitted by law http://www.escape-the-crate.com/ and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages of any nature whatsoever, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or health and safety, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Limitation of Liability. Subject to any limitations stated in the Terms of Use herein, the Subscriber shall indemnify and hold harmless the Escape the Crate LLC (“ETC”) and the respective officers, directors, employees, agents and subcontractors, from and against all claims, demands, losses, and actions, including reasonable legal fees and costs, arising out of damages or liabilities for bodily injury, sickness, disease, loss of capacity, death, or damage to property, caused by a negligent act, strict liability, breach of contract, error, or omission of the Subscriber or any of its agents, subcontractors, or employees in relation to the experience packages and other products offered by the ETC and purchased by the Subscriber.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the ETC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless ETC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.