Updated as of August, 2015
INTELLECTUAL PROPERTY OWNERSHIP
Except as specifically stated, all content and otherwise protectable features of the Great Escape Website, including but not limited to any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Great Escape Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Great Escape Website (the “Content”) are owned by Great Escape’s or used with permission or under license from a third party (the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Great Escape’s and you, all right, title and interest in and to the Content will at all times remain with Great Escape’s and/or the Owners. “Great Escape Bar and Grill ,” the “Great Escape Bar and Grill ” logo, and other marks, logos and titles may be registered and/or common law trade names, trademarks or service marks of Great Escape’s.
LIMITED LICENSE; RESTRICTIONS ON USE
COPYRIGHT INFRINGEMENT POLICY
You shall not use the Great Escape Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of Great Escape’s or any third party. Great Escape’s reserves the right, but not the obligation, to terminate your license to use the Great Escape Website if it determines in its sole and absolute discretion that you are involved in infringing or other harmful activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Great Escape’s is committed to respecting and protecting the legal rights of copyright owners. As such, Great Escape’s adheres to the following notice and take down policy, in compliance with Section 512(c)(3) of the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.) (the “DMCA”). Further, in accordance with Section 230 of the Communications Decency Act (47 U.S.C. § 230) (the “CDA”), Great Escape’s may, in its sole discretion, remove any material that it believes to be defamatory from its systems, including if it becomes aware of such material as a result of information contained in a notice provided pursuant to its DMCA takedown policy. Please note, however, that in electing to do so, Great Escape’s is exercising its rights under the so-called “Good Samaritan” provision of Section 230 of the CDA and is in no way waiving its rights to any protections, rights or immunities provided by the remainder of the CDA or any other Federal or State law.
All claims of alleged infringement or defamation must be submitted to Great Escape’s in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement to the following address: Great Escape Bar and Grill , LLC, 4394 Twin Overlook, Conover, WI 54519. In addition, any such notice must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit Great Escape’s to contact you, such as your address, telephone number, and/or electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law or that the material is defamatory and why; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
MODIFICATIONS AND UPDATES
FURTHER RESTRICTIONS ON USE
Linking to Great Escape’s Website from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, Great Escape’s content. A Linking Site shall not create a frame, browser or border environment to Great Escape’s content and a Linking Site shall not imply that Great Escape’s is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with Great Escape’s, shall not provide false information about Great Escape’s products or services, and shall not unlawfully use the copyrights or trademarks owned by Great Escape’s or others. Linking Sites shall abide by any and all applicable laws.
ACCESS BY LOGIN
In order to use certain features of the Great Escape Website, you will need a User Name and Password. You may never use another’s User Name and Password without permission.
THE CONTENT AND ALL OTHER INFORMATION AND MATERIALS CONTAINED IN THE GREAT ESCAPE WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. GREAT ESCAPE’S DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE GREAT ESCAPE WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. GREAT ESCAPE’S SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE GREAT ESCAPE WEBSITE. GREAT ESCAPE’S DOES NOT WARRANT THAT THE GREAT ESCAPE WEBSITE ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE CONTENT IS FREE FROM ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, OR THAT THE GREAT ESCAPE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. GREAT ESCAPE’S IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN GREAT ESCAPE’S HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREAT ESCAPE’S, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
LIMITATION OF LIABILITY
RELEASE AND INDEMNIFICATION
These Terms are governed by the laws of the State of Wisconsin without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of Wisconsin, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied. Any dispute between you and Bear Creek Virtual Solutions LLC described in the previous paragraph shall be brought before an alternative dispute resolution body within Vilas County. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Any dispute between you and Bear Creek Virtual Solutions LLC arising out of or relating in any way to your access or use of this Site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party’s written request for negotiation, the parties shall endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute. If the dispute is still not resolved within sixty (60) days after mediation begins, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph. If the parties agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator. You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and Bear Creek Virtual Solutions LLC.
Should mediation or arbitration as described herein not take place or not completely resolve a dispute for any reason, you agree that the sole jurisdiction and venue for any litigation arising from your use of this Site shall be an appropriate federal or state court located in Vilas County, State of Wisconsin, and you hereby submit to the jurisdiction of these courts.