Terms of Service
Last updated: 2 November 2024
Thank you for joining us on our site. We’re glad you’re here with us.
By using the Site or registering for or participating in any Event, Retreat or other activity made available or advertised on the Site (the Site and any such Event, Retreat or activity referred to collectively here as the "Services"), you agree to these Terms of Service. Please read them carefully.
Omni Format Media LLC (referred to as "we" in these Terms of Service) provide the Services to you on the terms below, on any updated Terms of Service we may provide from time to Time and on the terms of any rules or procedures we provide in the Services from time to time, such as, for example, rules that apply to the posting of content or the participation in discussion forums available on the Services (collectively, the “Terms”). By using or accessing the Services in any way, including by registering for or participating in any Escape or other activity or event advertised on the Site, you agree to the Terms. If you do not agree to the Terms at any time, we do not authorize you to use or access the Services in any way and we ask you to please not use or access the Services in any way.
The Services include a number of different features which will grow and change over time and its possible that we will provide additional specific terms for new features. It’s your responsibility to familiarize yourself with those terms. In the event any specific terms we provide for specific Service features conflict with any other part of the Terms, the specific terms will control.
PRIVACY
We respect your need for privacy and take your privacy seriously. Please review our Privacy Policy to understand our privacy practices. Our Privacy Policy forms part of the Terms, as if it was set forth entirely in these Terms of Service. By agreeing to the Terms, you agree to our Privacy Policy.
NO ASSURANCE OF CONTENT ACCURACY
The content on the Services comes from us, from members of the community and from third party sources. While we would like content on the Services to be as accurate as possible, we cannot make any assurance of its accuracy and make no assurance of its accuracy. BY USING THE SERVICES, YOU ACCEPT ALL RISK THAT CONTENT ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE DESCRIPTION PROVIDED FOR ANY ESCAPE, ACTIVITY OR EVENT ADVERTISED ON THE SITE, IS NOT ACCURATE AND WAIVE ANY CLAIM BASED ON THE ACCURACY OF THE SAME. If you are not comfortable with that, please do not use the Services.
EVENTS, RETREATS AND ACTIVITIES SUBJECT TO CANCELATION
All Events, Retreats and activities are subject to cancellation and Events and Retreats will often be cancelled if minimum participation levels, determined by us, in our sole discretion, for each Event and Retreat, are not achieved. In the event we cancel an Event or Retreat due to a shortage of participants or for any other reason, any deposit you have paid will be refunded in full, but we will not be responsible for any travel or other costs of any nature you may have incurred in anticipation of attending the Event, Retreat or activity.
WAIVER OF LIABILITY FOR PHYSICAL HARM AND LOSS OF PROPERTY
YOU ACKNOWLEDGE THAT RETREAT AND EVENT ACTIVITIES MAY INVOLVE ACTIVITIES THAT CAN CAUSE HARM, PHYSICAL AND EMOTIONAL, AND YOU ACCEPT ALL RISK OF ANY POTENTIAL PHYSICAL OR EMOTIONAL HARM. YOU FURTHER ACKNOWLEDGE THAT GROUP ACTIVITIES LIKE THOSE CONTEMPLATED FOR EVENTS AND RETREATS PRESENT RISK OF LOSS OF PROPERTY AND YOU ACCEPT ALL RISK OF LOSS OF PROPERTY RELATED TO YOUR PARTICIPATION IN ANY ESCAPE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY CLAIM AGAINST US AND ANY INDIVIDUAL OR COMPANY DIRECTLY OR INDIRECTLY PARTICIPATING IN ANY ESCAPE, EVENT OR ACTIVITY ADVERTISED ON THE SITE FOR ANY PHYSICAL OR EMOTIONAL HARM OR PROPERTY DAMAGE OF ANY SORT.
ELECTRONIC COMMUNICATIONS
You agree to receive communications from us electronically, such as via e-mail, text, mobile push notices, or notices and messages on the Services. You also agree that agreements we may make with you using electronic communications and notices and other communications we may provide to you using electronic communications satisfy any legal requirement that they be in writing.
COPYRIGHT
All content included in or made available through the Services, including all information, photos and other images, videos, sounds and graphics, together with the software that enables or creates them, are our proprietary property, of that of our suppliers and are protected by United States and international copyright laws. Any compilation of content on the Services is also our propriety property or that of our suppliers and is protected by United States and international copyright laws.
TRADEMARKS
Together is Best is a trademark in the United States and other countries. In addition, logos, colors, graphics, page layouts and service feature names we use on the Services are our trademarks or trade dress in the United Sates and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All trademarks not owned by us that appear in the Services are the property of their respective owners, who may be affiliated with us or who may not be affiliated with us in any way.
PATENTS
Portions of the Services may operate under license of one or more patents.
LICENSE AND ACCESS
You have no “right” to use the Services. Provided that you accept and abide by the Terms, we grant you a limited license to use the Services for your own personal, non-commercial purposes (the “License”). We can terminate the License at any time at our sole election, for any reason or for no reason at all, without notice to you, and the License terminates automatically and immediately without notice to you in the event we terminate the License or in the event you violate the Terms. If you do violate the Terms and cause the License to terminate, it’s your responsibility to stop using the Services. The License is non-exclusive, non-transferable and non-sub licensable, does not permit any commercial use, including, without limitation, any derivative or other use of any content or any data mining or similar use, however effectuated. We and any of our content and service providers reserve and retain all rights which we do not expressly grant to you in these Terms.
NO REUSE, MISUSE OR USE NOT PERMITTED BY LAW
You may not reproduce, duplicate, copy or re-use the Services in any way, including, without limitation, by framing any part of the Services. You may use the Services only as permitted by law.
YOUR ACCOUNT
To use some features of the Services, you may need to reserve or register including by creating an account on the Services, and you may be required to be logged in to your account. You are responsible for maintaining the confidentiality of any account you may have and any password you may use and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
THE SERVICES ARE PROVIDED FOR USE BY ADULTS
The Services are provided for use by adults only. If you are under 13, or the legal age of responsibility where you reside, whichever is greater, you may use the Services only with oversight and under the control of a parent or guardian.
CHANGES TO THE SERVICES
We reserve the right to change the Services and Service features at any time and to change or remove content on the Services, including content you have contributed, at any time, in any way we see fit, at our sole election, without notice to you.
COMMENTS, INFORMATION, PHOTOGRAPHS AND OTHER CONTENT AND COMMUNICATIONS
The Services may include various ways for you to provide content, to provide ratings, to provide suggestions, and to participate in discussion groups and other community activities. If you use these features, and we hope you will, you must abide by any and all content and communication guidelines we provide and may not, under any circumstances, provide content that violates the copyright or other rights (including, without limitation, publicity rights), of any party or provide content that is otherwise illegal, slanderous, obscene, or threatening. You may also not contribute any spam, use a false identity to provide content, impersonate any other party when contributing content, use the Services for “phishing” or other purposes that may be harmful to the Services or to others using the Services, or otherwise mislead us or others in using the Services. We reserve the right to remove or edit any content and ratings you and other members of the community provide, but we have no obligation to do so and may not regularly review community provided content.
If you do provide content or if you communicate any suggestions in any way, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the content and suggestions throughout the world in any media. You further grant us and our sublicensees the right to use your name and the name of any account you use to contribute content and suggestions in connection with any content and suggestions you submit. You acknowledge, however, that neither we nor any of our sublicenees is obligated to use your name or the name of any account you use in connection with the content or suggestions you provide or to provide you any form of credit in connection any use of your content or suggestions. You represent and warrant that you own or otherwise control all of the rights to the content that you provide; that the content is accurate; that use of the content you supply will not violate the rights of any party or cause injury to any party; and that you will indemnify us for all claims resulting from content you supply. Note that some content submission features on the Services may allow you to establish certain privacy settings, such as a setting which determines whether or not content provide will be viewable to all, or only to registered Services Members and whether your full name or only a portion of it is shown with the content you provide. We encourage you to use these settings to establish the settings you are comfortable with.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our notice and procedure for copyright complaints below.
RETREAT, EVENT AND ACTIVITY DESCRIPTIONS AND CONTENT ACCURACY
As provided above, we do not warrant that Service or product descriptions, ratings or other content on the Services are accurate, complete, reliable, current, or error-free. Without limiting the foregoing, you acknowledge that, in the event we permit third-party commentary on the Site, we reserve the right to delete the commentary or to edit it and that we are not responsible for ensuring that community comments shown will necessarily reflect community opinions or provide an accurate reflection of community perceptions.
SANCTIONS AND EXPORT POLICY
You may not use any of the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
OTHER BUSINESSES
We may provide links to websites and services operated by third parties and members of our community may do so as well. We do not examine these sites and services and take no responsibility for them. You should carefully review them and their privacy policies and terms of use yourself.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, RATINGS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, RATINGS, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, RATINGS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
APPLICABLE LAW
We operate the Services in California and allow you to access them in California. In using the Services, you access them and use them in California. Except to the extent to which a particular Escape, event or activity takes place outside the United States (in which case local law will apply, but only to the extent to which local law obligates that they apply), the laws of the State of California and applicable federal laws of the United States apply to your use of the Services, to the exclusion of other laws. You agree that any dispute of any sort that may arise between you and us or between you and any third party related to the Services will be governed exclusively by the laws of the State of California and applicable federal laws of the United States, including, without limitation, the United States Federal Arbitration Act, without regard principles of conflict of laws.
DISPUTES
You agree that any dispute or claim relating in any way to your use of the Services, including, without limitation, your registration or participation in any Escape, event or activity, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court in Los Angeles County, California, if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, The Corporation Trust Company.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Los Angeles County, California or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to the Terms at any time. If any part of the Terms are deemed invalid, void, or unenforceable, for any reason (“Invalidity”), that part of the Terms will be deemed severable and deleted from the Terms and the Invalidity will not affect the validity and enforceability of the other parts of the Terms.
OUR ADDRESS FOR LEGAL NOTICES
Omni Format Media LLC, The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801
How to Serve a Subpoena
If you have a subpoena to serve on us, please note that we do not accept service via e-mail or fax and will not respond to any subpoena sent via email or fax. All subpoenas must be properly served on us, preferably by mailing the subpoena to The Corporation Trust Company, our registered agent. The address for The Corporation Trust Company is just above.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on our Services can be reached via email at:
contact@togetherisbest.com
Please note that this email address is exclusively for notifying us that your copyrighted material has been infringed and the mailing address is exclusively for providing us legal notices.
