Terms & Conditions
The following terms and conditions apply to people who visit Escape the City www.escapethecity.org (the Site / We / Us / Our / Escape the City) and register for a user account or an organisation account (there is a separate section below for Employers – see Section 12, however the overall terms and conditions are also applicable to them). The following Terms and Conditions affect your legal rights and obligations. They form a legally binding contract between you and the Site. These are our terms and conditions for use of our service, and these apply whenever you access the website. By registering for an account on Escape the City you will be deemed to have accepted these Terms and Conditions. We reserve the right to change and update these Terms and Conditions.
1. Acceptance Of Terms
2. Description Of Service
The Site is an online community which enables professionals and employers to complete profiles, post comments and images, browse content, apply for jobs, make new connections, share opinions and ideas, promote their work, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site (“Services”). Services include, but are not limited to, any service and/or content Escape the City makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software. Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Escape the City. Escape the City reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Escape the City may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your content and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using our Services (although you can browse certain content without being logged in), you are required to open an account with Escape the City and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Escape the City account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Escape the City account. Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
4. User Conduct
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Escape the City are entirely responsible for all Content that you post, or otherwise submit to the Site. Escape the City does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Escape the City. By way of example, and not as a limitation, you agree not to use the Services:
To abuse, harass, threaten, impersonate or intimidate any person; To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services; To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Escape the City user; To create or transmit unwanted ‘spam’ to any person or any URL; To create multiple accounts; To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content; With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services; To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; To promote or sell Content of another person To sell or otherwise transfer your profile.
In addition: You must only make lawful use of site You must not use or access the site in a way that causes, or is likely to cause, the site to be damaged, its performance to be impaired or access to the site to be interrupted or hindered. You may not use or access the Site, or any materials displayed on the site, for any commercial purpose without prior consent. This includes, but is not limited to, posting or sending to other members advertisements, commercial messages or solicitations for products or services. You are responsible for any photographs, text or other materials that you may upload to the site for sharing with other members. You must not upload any materials, or make statements through the site, or post links to other websites which contain materials, which are inaccurate or misleading, defamatory, disrespectful, insulting, abusive, obscene, sexually explicit or vulgar or which tend to incite racial or other hatred or infringe the proprietary, data protection, privacy or other rights of any person or are otherwise illegal. The copyright and all other intellectual property rights in this site belong to escapethecity.org or its licensors. You may view and print materials on the site and make reasonable personal use of those materials, including reasonable copying. You may not use framing techniques to display this site, any part of it or any other proprietary materials of Escape the City. You may create hyperlinks to the escapethecity.org home page as long as the link does not use our logos or graphics and does not refer to escapethecity.org or any person or website associated with escapethecity.org in a manner which is false, misleading or derogatory.
Your Obligations & Responsibilities: You agree in reference to submitting content that you have the option of being contacted through the site. You agree that you are accurate and truthful in any content / applications you submit on / through / as a result of content on the site. To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Escape the City at email: email@example.com. You are solely responsible for your interactions with other users of the Site. Escape the City reserves the right, but has no obligation, to monitor disputes between you and other users.
5. Content Submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Escape the City a worldwide, Non exclusive license to use the content and are representing and warranting to Escape the City that the content is owned or duly licensed by you, and that Escape the City is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party. In consideration of Escape the City’s agreement to allow you to post Content to the Site and Escape the City’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Escape the City as follows:
You acknowledge that: By uploading your Content to Escape the City you retain full rights to those works that you had prior to uploading. By posting Content to the Site you hereby grant to Escape the City a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site; The license granted to Escape the City includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Escape the City by you; Escape the City uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, Escape the City makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Escape the CIty does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize Escape the City to permit users and visitors to the Site to make such low resolution copies of your Content; and Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content. You represent and warrant that: You are the owner of all rights, including all copyrights in and to all Content you submit to the site; You have the full and complete right to enter into this agreement and to grant to Escape the City the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Escape the City of the Content as contemplated herein; and The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Escape the City, all of which such rights are hereby expressly and irrevocably waived by you in favour of Escape the City.
Members are solely responsible for the content submitted. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. We reserve the right to refuse to publish submitted content for any reason. We reserve the right to edit or change any content listed on the site. We reserve the right to delete any accounts / profiles / resources / comments (or other content) posted on the Site that are in any way improper or inappropriate, at any time and for any reason. We reserve the right to filter job applications on behalf of an Organisation or Employer (when the Organisation has given us permission to do so).
6. Fair Usage Policy
Escape the City maintains a fair usage policy to ensure stable and fast service to all users.
You may terminate your Escape the City account at any time in your sole discretion. Escape the City may terminate your account at any time for any reason or no reason. All content in your Escape the City account will be removed by Escape the City upon termination of your account.
8. Copyright Complaints
Escape the City respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Escape the City will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site. To notify Escape the City of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable Escape the City to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright. If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Escape the City with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable Escape the City to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others. If you are uncertain whether an activity constitutes Infringement, we recommended seeking legal advice.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Escape the City has no control over such sites and resources, you acknowledge and agree that Escape the City is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Escape the City shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Escape the City, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. You hereby agree to indemnify and hold harmless Escape the City, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Escape the City Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
11. Limitation Of Liability
In no event shall Escape the City be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.
Although we work to ensure that listings have accurate deadlines, we cannot be held responsible for job listings that have expired. We cannot be held responsible for the implications of any decisions that a member / user takes as a result of content / information / advice / opportunities published on the site. We cannot be held responsible for any connections / introductions / opportunities that are accessed / made through the site. We provide the platform for these interactions to take place but cannot be held responsible for any negative outcomes. We do however work to ensure that all information posted on the site is accurate and truthful. We will actively remove content that does not conform to our standards.
12. Employer / Organisation Accounts
Advertising Listings (Job Opportunities and Other Listings) By approving and submitting a job opportunity to Escape the City (escapethecity.org) the employer thereby commits to the terms of the listing and the associated charges (see below) Opportunities are listed on the site for a specified period of time in exchange for a pre-agreed listing fee agreed between the employer and Escape the City Ltd. The listing is submitted ‘live’ on the site once the payment has cleared. This payment is non-refundable. For Enhanced or Premium listings Escape the City will commit to reasonable extensions of the job listing to attract further attention. Sometimes opportunities are listed on the site for a specified period of time in exchange for a commitment from the Employer to pay a pre-specified fee (agreed in writing via email) if the Employer then successfully hires an Escape the City member. The terms of this agreement specify that the Employer should commit to paying the commission fee if an Escape the City member who has viewed the job listing then successfully applies for the job and accepts the job offer. The payment is due the day the successful candidate starts work. This fee is due whether or not the applicant uses Escape the City’s internal application function. Sometimes Escape the City members will apply directly to the organisation despite having seen the listing on escapethecity.org. Escape the City’s systems provide access to a list of names and email addresses of those Escape the City members who have viewed the job listing. Escape the City can provide this list on request to the Employer for cross-checking in case of a dispute. Agreeing to these terms and conditions in relation to a job listing is legally binding and should be seen as constituting a contract between the Employer and Escape the City.
Use of the Site All employer members / visitors must abide by the following rules in relation to their access and use of site: i) You must only make lawful use of site ii) You must not use or access the site in a way that causes, or is likely to cause, the site to be damaged, its performance to be impaired or access to the site to be interrupted or hindered. iii) You may not use or access the Site, or any materials displayed on the site, for any commercial purpose without prior consent. This includes, but is not limited to, posting or sending to other users advertisements, commercial messages or solicitations for products or services. iv) You are responsible for any photographs, text or other materials that you may upload to the site for sharing with other members. You must not upload any materials, or make statements through the site, or post links to other websites which contain materials, which are inaccurate or misleading, defamatory, disrespectful, insulting, abusive, obscene, sexually explicit or vulgar or which tend to incite racial or other hatred or infringe the proprietary, data protection, privacy or other rights of any person or are otherwise illegal. v) The copyright and all other intellectual property rights in this site belong to Escape the City or its licensors. You may view and print materials on the site and make reasonable personal use of those materials, including reasonable copying. You may not use framing techniques to display this site, any part of it or any other proprietary materials of Escape the City. You may create hyperlinks to the Escape the City homepage as long as the link does not use our logos or graphics and does not refer to Escape the City or any person or website associated with Escape the City in a manner which is false, misleading or derogatory.
An Employer / Organisation’s Rights, Obligations & Responsibilities – You accept that, following any contact with potential employees on our site: (i) It shall be up to you (the Employer) and any “potential employee” to agree how to progress matters further; (ii) That you shall act in good faith and in a business-like and courteous manner; and (iii) That you shall keep strictly confidential all confidential information disclosed (iv) Where Employers are Recruitment Agents: You shall comply in all respects with the Employment Agencies Act 1973 (and all regulations made thereunder) and all statutes, rules, regulations, codes of practice and legal requirements to which you are ordinarily subject in respect of its receipt and processing of CV’s and related matters.
Escape the City’s Rights, Obligations & Responsibilities (i) Escape the City cannot be held responsible for the conduct or performance of candidates / hires who the Employer / Organisation has contacted through the site. (ii) Escape the City reserves the right to remove listings from our site at any time. (iii) Escape the City reserves the right to change listings at any time (iv) Escape the City reserves the right to refuse to list opportunities that are deemed to be a mismatch with the site’s users.
Escape the City (www.escapethecity.org and other Escape the City graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Escape the City. Escape the City’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Escape the City. The images and icons available in the Escape the City icon pack may used by partners and third party sites in connection with providing appropriate links to the Escape the City Site.
Escape the City may terminate or suspend any and all Services and/or your Escape the City account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Escape the City account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Escape the City will automatically remove all Content posted to your account.
15. Changes to these terms
Escape the City reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Escape the City will notify you by posting an announcement on the site. What constitutes a material change will be determined at Escape the City’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Escape the City in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Escape the City shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Escape the City’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Escape the City may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the UK, as if made within the UK between two residents thereof, and the parties submit to the exclusive jurisdiction of UK courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
17. Company Details
Escape the City Ltd is a company incorporated in England (UK) and is registered with Companies House (www.companieshouse.gov.uk) with its registered address at: 14 Thorley Gardens, Woking, GU22 8UL, United Kingdom. Registered number: 7036498. Please direct any questions or comments to firstname.lastname@example.org.