Terms of Service

These terms of service ("Agreement") set forth the general terms of service of your use of https://www.alleykatadventures.com/ (“Website” ") and any of its related services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Alley Kat Adventures ("Alley Kat Adventures ", "we", "us" or "our"). By accessing and using the website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Alley Kat Adventures even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

If you do not agree with all of these Terms of Service, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Service for future reference.

1. Information About Us

Alley Kat Adventures Company is located in Austin Texas, the United States of America. We provide an online platform that allows our customers to book scavenger hunt races/games, related events and activities services with us. Alley Kat Adventures is a global custom event design company offering hand-crafted and unique experiences on both small and grand scale. We specialize in 300 extreme city-wide scavenger hunt races in magical towns throughout North America and beyond! We also offer to our global audience virtual live hosted teambuilding games played on zoom and other virtual video platforms, our widely popular virtual game, born in May 2020, connects corporate teams, friends and family groups, and parties celebrating special occasions(Services). These are the terms on which we provide our services to you. By using our Services, you agree to be bound by these Terms of Service.

2. Accounts and Membership

Certain parts of Our Site (including the ability to book our services) may require an Account in booking to access them. You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account under their supervision. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

If you create an account on our 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 it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We 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. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

3. License to Use Website

You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

Except as expressly permitted by the provisions of these terms of service, you must not download any material from our website or save any such material to your computer. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

Except as expressly permitted by these terms of service, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

Notwithstanding, you may redistribute our newsletter in print and electronic form to any person.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. User Content

We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

5. Booking our Scavenger hunt game, related events and activities Services

The description of the scavenger hunt game, related events and activities service on our website does not constitute a contractual offer to deliver our services to you. When a Booking has been submitted on the Website, We may, at our sole discretion, limit or cancel the booking booked per person, per household or per booking. These restrictions may include Bookings placed by or under the same customer account, the same credit card, and/or bookings that use the same billing address. In the event that we make a change to or cancel a booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the booking was made.

The Booking process is set out on the Website. Each step allows you to check and amend any errors before submitting the Booking. It is your responsibility to check that you have used the booking process correctly. A Contract will be formed for the purchase of our services only when you receive an email from us confirming the Booking (BookingConfirmation). You must ensure that the BookingConfirmation is complete and accurate and inform us immediately of any errors.

We are not responsible for any inaccuracies in the Bookingplaced by you. By booking our services, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Booking Confirmation). You will receive the Booking Confirmation within a reasonable time after making the Contract.

If we require your cooperation, you shall provide us with all information and documents that we require for proper and timely execution of the delivery of our scavenger hunt game, related events and activities services to you and you shall do so on time and in the form and manner that we require. You shall inform us without delay of any changes therein, as well as of all of any other facts and circumstances that may be relevant to the execution of our services.

Any additional costs and damage or loss caused by a delay in the execution of our services resulting from your failure to make the requested information and facilities available, or failure to do so on time or in the proper form, shall be for your account and risk.

6. Billing and payments

If you wish to use any service made available through our Website (“Fees”), you may be asked to supply certain information relevant to the services we provide including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method (s) in connection with any Purchase or subscription; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your payment at any time for reasons including but not limited to service availability, errors in the description service, error in your payment or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL-secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection.

You can pay with any Visa, MasterCard, Maestro, Stripe, American Express or Visa Delta card, or via PayPal. The booking on our website will be made in $ USA dollars. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which holders of international credit cards will be liable to pay.

7. Accuracy of Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to event descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your booking). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

8. Third-Party Services

The Site may contain links to websites operated by third parties. We do not have any influence or control over any such third-party websites. We are not responsible for and do not endorse any third-party websites or their availability or content.

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms of service of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such services. You irrevocably waive any claim against Alley Kat Adventures with respect to such other services. Alley Kat Adventures is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Alley Kat Adventures to disclose your data as necessary to facilitate the use or enablement of such other services.

9. Backups

We are not responsible for the content residing on our website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain an appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

10. Advertisements

We may feature advertising on Our Site. We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

11. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

12. Intellectual property rights

Our website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Alley Kat Adventures and its licensors. The website and services we provide are protected by copyright, trademark, and other laws of the United States of America. Our trademarks may not be used in connection with any product or service without the prior written consent of Alley Kat Adventures.

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Alley Kat Adventures or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Alley Kat Adventures. All trademarks, service marks, graphics and logos used in connection with the website and Services, are trademarks or registered trademarks of Alley Kat Adventures or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the website, and Services grants you no right or license to reproduce or otherwise use any of Alley Kat Adventures or third-party trademarks.

13. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions

14. Disclaimer of warranty

We do not represent or warrant that the website will be error-free, uninterrupted, free from third-party attacks or otherwise available at all times to meet your requirements.

THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS. ALLEY KAT ADVENTURES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, THAT THE INFORMATION, BOOKING, MATERIALS ANDSERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE FIT FOR A PARTICULAR PURPOSE OR USE, AVAILABLE AT THE TIME OF BOOKING, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

We make no warranty regarding any scavenger hunt game, related events and activities services booked through the Website or any transactions entered into through the Websiteunless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

15. Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, ALLEY KAT ADVENTURESEXCLUDES LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS LOSS OF DATA AND ANY CONSEQUENTIAL LOSS, CLAIMS OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM ITS NEGLIGENCE.

To the maximum extent permitted by applicable law, the aggregate liability of Alley Kat Adventures and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount or any amounts actually paid in cash by you to Alley Kat Adventures for the event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

16. Indemnification

You agree to indemnify and hold Alley Kat Adventures and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities,injuries, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your booking, your use of the Website and Services or any willful misconduct on your part.

17. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

18. Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Austin Texaslaw and any applicable laws of the United States of America and (to the extent it has sufficient matter jurisdiction) of the federal courts in the united states of America with respect to any legal action or proceeding arising out of or relating to these Terms without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Statesof America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United States of America, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.