Paints Uncorked® and Plants Uncorked® Terms of Use for Private Events

This Privacy Policy was last updated on June 7, 2018.

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Thank you for signing up for your private Paints Uncorked LLC (“Paints Uncorked”) and/or Plants Uncorked LLC (“Plants Uncorked”) event (the “Event”)! Solely for purposes of these Terms of Use (the “Terms”) and ease of reference, Paints Uncorked and Plants Uncorked are referred to herein as the “Company” though each shall retain its separate corporate existence, and the term “Company” will refer to one or the other depending on the circumstances to which it is referred and depending on whether you are attending a Paints Uncorked event or a Plants Uncorked event. These Terms govern your use of the Service and the ticket(s) you purchased (the “Ticket”), as well as the use of the Ticket, including all features of the website located at www.paintsuncorked.com and/or www.plantsuncorked.com (the “Website”), user experience, and all content associated therewith (collectively the “Service”). By using, visiting, or browsing the Service, you accept and agree to be bound by these Terms.

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These Terms are also a resource for you to get a deeper understanding of how the Service works, including the kinds of data collected, how bills are processed, how the Company interacts with you and other useful details about the Service. The Company hopes you enjoy your experience.

Definitions

• The terms “Event” and/or “Private Event” mean the event you have contracted with the Company to hold.

• The Term “Event Attendees” means all individuals who will be attending the Event.

• Payment Method – The term “Payment Method” means the method of your payment for the Event that you indicated during your registration for your Event.

• All references herein to “you” or “your” shall mean and refer to the person originally signing up for the Event, the person or entity for whose benefit the Event is being held, and all Event Attendees, whether the term “including all Event Attendees” is set forth next to “you” or “your” herein or not.

• The term “venue” shall mean the location where the Event will take place.

• The term “Website” shall mean the website www.paintsuncorked.com and/or www.plantsuncorked.com (and all pages contained therein).

• The term “Ticket” or “Tickets” shall mean a revocable license(s) sold to you and for which you have paid.

• Work(s) of Art: The term “Work of Art” or “Works of Art” shall include any painting, drawing, sketch, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the Paints Uncorked Library. The term “planting” shall include any planting or other creation created at your Event, and is included in the definition of“Work of Art.”

 

1. How the Service works

The Company is an entertainment service that will provide you with an evening of instruction at the venue. The Company reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how the Company operates the Service. Any description of how the Service works should not be considered a representation or obligation with respect to how the Service will always work, as the Company is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.

 

a. Choice of Instructor

While the Company will endeavor to make the artist/instructor you have requested available for the Event, the availability of a specific artist/instructor at the Event may change at the Company’s sole discretion without notice to you.

 

b. Materials Provided

The Materials, including all paints, canvases, brushes, easels, aprons, Plantings and other supplies necessary for the Event (to be determined in the sole judgment of the Company) (“Equipment”) will be provided for the Event. The quality of the paint, canvases, brushes, easels, aprons, Plantings and artist/instructor may vary from event to event, and venue to venue, and may be affected by a variety of factors outside of the control of the Company.

To the extent there will be in excess of twenty Event Attendees, you must inform the Company of the number of additional Event Attendees at least forty-eight hours in advance of the Event, in order to allow for the proper number/amount of supplies to be at the Event.

 

c. End Result

The Company makes no representations or warranties about the quality of the painting and/or planting of Event Attendees or the individual experiences of Event Attendees. Every painting and/or planting will be unique and the expectation that any painting and/or Planting created at the Event will be a facsimile of the Work of Art depicted on the Website is patently absurd.

 

d. Start Time

The Company will make every effort to begin the instruction at the designated start time and complete the instruction in under two hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and the Company makes no representation as to the exact amount of instruction time at the Event.

 

e. Capacity Limitations

The venue may have capacity limitations for the Event. The Company will confirm that the venue you choose has capacity for the number of guests you originally schedule for the Event. You must provide a final headcount to the Company at least 48 hours prior to your Event. To the extent you increase the number of Event Attendees after you originally schedule the Event, there may not be enough space to accommodate the increased number. The Company recommends that you arrive at the venue 30 minutes prior to the start of the Event.

Only Event Attendees approved by you may attend your Event.

 

f. Works of Art

The Company may change what Work of Art will be instructed on a particular night and may make such change without notice to you.

 

2. Unauthorized use

Company Works of Art are developed by, and for, the Company. With the exception of your Work of Art at the Event, you may not copy or reproduce Company Works of Art or any portion thereof, and you may not sell, lease or distribute any reproduction of any Company Work of Art, including the Work of Art that you create at your Event. Any unauthorized uses of Company Works of Art are strictly prohibited. Each Event Attendee may take the Work of Art they created at the Event with them at the conclusion of the Event.

 

3. Privacy policy and communication with you

Any personally identifying information submitted through the Service is subject to the Company’s Privacy Policy, the terms of which are incorporated herein by reference.

 

By using the Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from the Company notwithstanding that you signed up for a Paints Uncorked or Plants Uncorked event. For example, the Company may send you newsletters about new Company features, special offers, promotional announcements and customer surveys via email or other methods. For Canadian customers, your express and/or implied consent begins from the moment you utilize the Service, and lasts until you (a) inform the Company that you no longer wish to receive such communications or (b) two years, whichever period is shorter. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email info@paintsuncorked.com and ask to be removed from such future correspondence.

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In addition, by utilizing the Service you expressly and/or impliedly consent to receiving electronic communications from the Company relative to your purchase, including notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the Service. These communications are part of your relationship with the Company and you receive them as part of the Service. You agree that any notice, agreements, disclosure or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

 

The Company will not sell your email address to any third party.

 

4. Promotions

Company promotions may not be utilized in conjunction with any Private Event.

 

5. Billing

Ticket fees and charges are fully earned upon payment. The Company will require the \$840 to confirm your Event. If you have over 20 attendees, the Company will charge the balance once the final headcount is established at least 48 hours in advance of your Event (as set forth in Section II hereof). The Company will set up a payment link where you can submit payment via credit card. Your payment is refundable (as a credit towards a future event) if you cancel more than 15 days before the Event, but in such case you may only reschedule your Event once. Payment is not refundable if your Event is cancelled within 15 days of the Event.

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By purchasing a Ticket, you are expressly agreeing that the Company is authorized to charge you a ticket fee at the then current rate, and any other charges you may incur in connection with your use of the Service to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice.

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As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The ticket fee will be billed on the day you purchase the ticket and not on the day of the Event.

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You acknowledge that the final bill for your Event may be more than the amount indicated when you registered, depending on the number of Event Attendees that participate in the Event. For example, if your Event ticket provides that up to twenty-five Event Attendees may participate in the Event, and if there are more than twenty-five Event Attendees, you will be charged an additional fee based on the number of additional Event Attendees in excess of twenty-five, and you authorize the Company to charge your Payment Method for such additional amounts.

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The Company may change the fees and charges in effect, or add new fees and charges from time to time, but the Company will give you advance notice of these changes by email. Once you have been charged a set amount, the fee will not change, except in circumstances where the number of Event Attendees exceeds the number you paid for when you registered.

 

6. Right to terminate

The Company reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

The Company does not warrant that any of the events or materials used in connection with the Service nor does the Company warrant the operation of the Service.

 

7. Social media

You can connect the Company to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your account with any Social Media Accounts, you will be able to take advantage of various social features the Company may already have or will be creating, as part of the Service, as well as features available on such Social Media Accounts. These features will be designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook may be able to see (on Facebook and on the Website) that you are a Company customer as well as what you have created, eaten or had to drink, with whom you attended an event, and other information about your use of the Service. You may also be able to see similar information about your Facebook friends who are connected with the Company. In addition, the Company may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, and “Likes.” Please pay careful attention to your Facebook Connect settings in “Your Account” as well as your Privacy Settings in your Social Media Accounts which will impact this feature and may give you some control over the information that is shared and with whom it is shared.

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BY CONNECTING THE COMPANY ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR COMPANY ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT THE COMPANY AT INFO@PAINTSUNCORKED.COM TO HAVE YOUR INFORMATION REMOVED.

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The Company and social media companies are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in these

Terms.

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8. Customer reviews

The Company encourages you to post reviews of your Events through the Service. The Company reserves the right to promote, reject, remove or edit such content at anytime without notice to you. Reviews should not be posted that contain the following: (i) harsh, profane or discriminatory language, (ii) illegal, obscene, threatening, defamatory or otherwise objectionable content, (iii) URLs, phone numbers, mailing or e-mail addresses, or personal attacks on the Company’s personnel, (iv) misleading information regarding the origin of the content, or (v) a discussion of the Company’s policies or services. You understand and agree that the Company may, but is not obligated to, review the content of any review and may delete or remove it (without notice to you) in the Company’s sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, THE COMPANY MAY DISPLAY YOUR RATING OF EVENTS. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF AN EVENT, TO A PUBLIC FORUM, INCLUDING OTHER CUSTOMERS OF, AND VISITORS TO, THE SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW AN EVENT FEATURE.

The Review an Event feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

 

9. Age restriction

The following age restrictions apply to all Company Events, unless otherwise provided herein with respect to All Ages Events.

The Service may only be used by children under the legal drinking age where your Event is held if the venue where your Event is held permits children to be present. It is up to you to check with the venue in advance of your Event to determine whether children will be permitted to attend your Event. The Company is not responsible in any manner if a person or persons under the legal drinking age where the Event is being held attend the Event. In the event the Company or its licensee discovers that an Event Attendee is under the legal drinking age in the venue where your Event is held, and the venue does not permit such persons, the Company or its licensee may refuse to offer instruction to any under age individual, regardless of whether that individual has a Ticket to the Event. Although the Company is not under any obligation to ensure that any of your Event Attendees are of the legal drinking age where your Event is held, the Company has the right to request that you present a valid form of identification demonstrating your age, in which circumstance you agree that you will comply with such request.

 

10. Venue

At the Event, you may encounter third-party services (“TPS”), including, but not limited to food and beverage service from the venue where your Event will take place. These TPS are provided solely as a convenience to you, and the Company is not responsible for and does not endorse the TPS provided by the venue where your Event will take place. You understand that you are responsible for all additional charges you incur at your Event, including, but not limited to food and beverage charges.

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SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY THE COMPANY. Some of these TPS may even use Company trademarks in connection with your Event. The Company is not responsible for and does not endorse the content of such TPS. You will need to make your own independent judgment regarding your interaction with these TPS. By using such TPS, you acknowledge and agree to the following: (i) your use of any TPS may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if the Company has not provided such information, and (ii) your use of any TPS IS AT YOUR OWN OPTION AND RISK. You agree to indemnify and hold the Company harmless, as set forth in Section 30 hereof, for the sharing of information or the receipt of TPS relating to your Event that results from your use of any TPS. You further agree to indemnify and hold the Company harmless, as set forth in Section 30 hereof, from all claims that in any way involve or relate to the provision of TPS. If you have any questions, concerns, complaints, or claims about a particular TPS, you should contact the support or contact personnel of the particular TPS provider and not the Company, unless otherwise indicated by the Company. THE COMPANY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify the Company, as set forth in Section 30 hereof, for any and all claims made as the result of the provision of TPS at your Event.

 

11. Disclaimers of warranties and limitations on liability

THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT WILL BEUNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE AND YOUR EVENT, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, WORKS OF ART, AND EQUIPMENT.

 

Without limiting the foregoing, the Company assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of the Company): (i) errors or omissions in the content delivered by the Service or on the Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Website, or otherwise through the Service; and (v) any losses or damages arising as a result of or related to your Event, the provision of TPS at your Event, the consequences of the provision of TPS at your Event, or otherwise through the Service itself, including any losses or damages arising from the Service, Website, Equipment, your Event, or TPS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR WORK OF ART. In addition, the Company does not represent or warrant that the information accessible via the Website is accurate, complete, or current. The Company does not make any representations with respect to the content contained on events from the Service or the descriptions of any event content contained on the Website and user interfaces. The Company does not represent or guarantee that your use of the Service will be free from interruption, and the Company disclaims any liability with respect thereto. No oral or written information or advice given by the Company or the Company’s authorized representatives shall create a warranty or otherwise constitute a representation binding upon the Company.

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IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSEES, EMPLOYEES OR AGENTS OF LICENSEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR YOUR EVENT ATTENDEES FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS,WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY EVENT ATTENDEES FOR ANY DAMAGES OR LOSSES EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

 

12. Intellectual property

PAINTS UNCORKED and PLANTS UNCORKED are registered trademarks of Paints Uncorked LLC and Plants Uncorked LLC respectively (the “Marks”). The Marks are trademarks or service marks of the Company. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, service marks and trade dress of the Company may not be used or reproduced without prior written approval from the Company and may not be used in connection with any product or service that is not affiliated with the Company, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of the Company, or in any manner that disparages or discredits the Company. Other trademarks that appear on the Website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. Any images of persons or personalities contained on the Website are not an indication or endorsement of the Company or any particular product or our service unless otherwise indicated. The Company may use the name and logo of the organization with which you are located, both before and after your event, on the Website or in other promotional materials to reflect that you have been a customer of the Company.

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You agree that the Company is and shall remain the sole owner of all rights, title, and interest in and to any and all Works of Art, and that you shall only have the limited right to utilize a Work of Art for your Event and/or the promotion of an Event, and for no other purpose. At the conclusion of your Event, you may take your own Work of Art with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the Work of Art you created (or any reproduction thereof).

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You acknowledge that you do not have, acquire or retain any rights to any such Works of Art after the end of your Event (or after repeat Events utilizing the same Work of Art).

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You acknowledge that any photographs taken at your Event, which photographs depict in any manner the Work of Art, the set-up of your Event, the participants or instructors or staff at your Event, you, or the equipment, materials, supplies or marketing materials related to the Company in any way, shall become the property of the Company, and that the Company is free to use all such materials at its sole and absolute discretion, including editing and/or altering any portions of any such photographs, and using such materials in any manner, including, but not limited to Company related marketing or advertising.

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13. Entertainment and service content

The Company provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information through the Service, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner the Company chooses in the Company’s sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by the Company on Social Media Accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Service are those of the respective authors or producers and not of the Company, or its members, managers, directors, officers, employees, attorneys, affiliates, licensees, employees or agents of licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall the Company, or its members, managers, directors, officers, employees, employees or agents of licensees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service.

 

14. Use of information submitted

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to the Company (“Feedback”), including responses to questionnaires or through postings to the Service, including the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. The Company may also share your information with third parties for purposes of the Company’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to the Company, or in responding to questionnaires, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future. Please note the Company does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to the Company. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against the Company, its members, managers, directors, officers, employees, licensees, employees or agents of licensees, agents, attorneys, affiliates, successors, or assigns regarding the use of such materials and ideas, even if materials or ideas are used that are substantially similar or identical to the material or idea you sent.

 

15. Service testing

From time to time, the Company tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and the Company reserves the right to include you in or exclude you from these tests without notice to you.

 

16. Customer service

If you need assistance, you may find answers and reach Customer Service at any time at info@paintsuncorked.com and/or info@plantsuncorked.com. You may also visit the FAQ page at www.paintsuncorked.com and/or www.plantsuncorked.com where you will find the answers to many frequently asked questions.

 

17. Your conduct in accessing the Paints Uncorked service

By accessing the Service, including the Website, you agree to use the Service, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the Service or content therein. You also agree not to interfere with the instructors, customers or anyone connected to any portion of the Service or to violate any of the procedures, policies or regulations of establishments connected to the Service. You also agree not to impersonate any other person while using the Service, conduct yourself in a vulgar or offensive manner while using the Service, or use the Service for any unlawful purpose.

 

18. Links and pages

Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by, or affiliated with, the Company. In addition, other websites may link to the Website or the Company may include links to the websites of businesses, including those that have associations with the Company through certain programs. These pages may provide links to third parties. The Company has not reviewed these third party websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these third party websites. You acknowledge and agree that the Company is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, or the products or contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which should be read carefully.

 

19. Arbitration agreement

You and the Company agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Service, including the Website, user interfaces, these Terms, the Ticket you purchase, and the Event shall be determined by binding arbitration instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. You, including all Event attendees for whom or who actually utilize the Ticket purchased by you (an “Event Attendee” or “Event Attendees”), and the Company agree that Californa General Laws, governs the interpretation and enforcement of this provision, and that you, Event Attendees, and the Company are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the conclusion of the Event.

If you or an Event Attendee elects to seek arbitration, you must first send to the Company, by certified mail, a written notice of such claim (“Notice”). The Notice to the Company must be addressed to: General Counsel, Paints Uncorked, LLC, 1080 Park Blvd, Ste 1116, San Diego, CA 92101. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated. You and Event Attendees agree that the failure to provide the notice referenced in this paragraph shall result in the dismissal of any action or arbitration proceeding you bring.

 

YOU, INCLUDING ALL EVENT ATTENDEES, AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you, including Event Attendees, and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

 

20. Governing law and venue

The Terms and the policies and procedures set forth on the Website and any and all disputes between you, including all Event Attendees, and the Company shall be governed in accordance with the laws of the State of California, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.

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You, including all Event Attendees, and the Company agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your purchase of your Ticket shall be arbitrated, as set forth in Section 19 hereof, solely and exclusively in the State of California, San Diego County, before either (i) JAMS arbitration service, (ii) the American Arbitration Association, or (iii) such other arbitrator as may be agreed to by you and the Company in writing.

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This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Event. In the event the agreement to arbitrate is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you and the Company agree that any action or proceeding involving any dispute arising out of or in connection with your Event, these Terms or the policies and procedures set forth on the Website shall be brought only in the State of California, and you and the Company hereto irrevocably consent and submit to the exclusive jurisdiction within the State of California in respect of any such proceeding before (i) the federal District Court for the District of California, located in San Diego, California or (ii) the California Superior Court, San Diego County.

 

21. Waiver of rights

The failure of the Company at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof, and the Company may at any time demand strict and complete performance of said terms, covenants and conditions.

 

22. Significance of headings

Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted.

 

23. Severability

If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect.

 

24. No adverse construction

You agree that in the event of any ambiguity in these Terms, there will not be any adverse construction against either you or the Company on the grounds that the Company drafted these Terms

 

25. Survival

Both your and the Company’s obligations in these Terms, which by their nature, have significance after the conclusion of the Event, shall survive the termination or expiration of these Terms and the conclusion of the Event.

 

26. Authority

You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself and any Event Attendees.

 

27. Further assurances

You agree that you shall, at the request of the Company, execute and deliver such documents, certificates, and other writings, and take such other actions as may be necessary or desirable, to accomplish the goals of these Terms.

 

28. Force majeure

Neither you nor the Company shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability.

 

29. Electronic transactions

You agree to conduct transactions, including, but not limited to the purchase of your Event Ticket and the acknowledgement of these Terms and future transactions, by electronic means.

 

30. Defense and indemnity

You, including all Event Attendees, agree to defend, indemnify, and hold the Company harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the purchase of your Ticket and (ii) all disputes, claims, actions, or controversies related in any way to any Event Attendees’ attendance of the Event, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by the Company that are related to such circumstances.

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Paints Uncorked®Terms of Use for All Ages Events

This Terms section was last updated on April 16, 2018. Thank you for purchasing for your public Paints Uncorked LLC or Plants Uncorked (for purposes of these terms Paints Uncorked and Plants Uncorked are referred to as “Paints Uncorked” except where indicated otherwise) all ages tickets (the “All Ages Tickets”)! These terms of use (the “All Ages Terms”) are in addition to, and supplement the Terms and Conditions that govern all Paints Uncorked Events (the “Terms”) (see above). The Terms are incorporated herein by reference. Capitalized terms that are not defined herein are defined in the Terms. To the extent there is dispute between the All Ages Terms and the Terms, the All Ages Terms shall prevail.

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By using, visiting, or browsing the Paints Uncorked Service, you accept and agree to be bound by these All Ages Terms, in addition to the Terms. If you do not agree to the All Ages Terms or the Terms, you should not use the Paints Uncorked Service, including the Website, and you should not purchase any tickets.

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These All Ages Terms apply to events denominated “Ages 6+” (intended for families with kids ages 6 and up), “Ages 13+” (intended for families with young teenagers ages 13 and up), and “Ages 18+” (intended for US event customers 18 and up who can paint alongside adults without a parent or guardian being present), as set forth on the Paints Uncorked calendar. With respect to Plants Uncorked events, “Ages 8+” is only available for children ages 8 and up.

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Persons ages 6 through 17 (or 8 through 17 for Plants Uncorked events) are welcome to attend and participate in Paints Uncorked All Ages events in the US (each an “All Ages Event”), but must be accompanied by a parent or legal guardian at all times. Persons ages 18 and older do not need to be accompanied by a parent or legal guardian at a US event. Persons between ages 6 and the legal drinking age in the jurisdiction where your Event is being held (or 8 and the legal drinking age in the jurisdiction where your Event is being held for Plants Uncorked events) are welcome to attend and participate in Paints Uncorked All Ages events in Canada (each an “All Ages Event”), but must be accompanied by a parent or legal guardian at all times. At a Canadian Event, Persons of the legal drinking age in the jurisdiction where your Event is being held do not need to be accompanied by a parent or legal guardian. By purchasing tickets to an All Ages Event (“All Ages Tickets”), you represent that (i) you are the parent or legal guardian of the persons for whom you are purchasing the All Ages Tickets, or (ii) you are over the age of 17 if attending in the US or are of the legal drinking age in the jurisdiction where your Event is being held if attending in Canada. You also represent that either you or a parent or legal guardian will attend the All Ages Event with any persons for whom you have purchased All Ages Tickets if they are under the age of 18 in the US or under the legal drinking age in the jurisdiction where your Event is being held in Canada.

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Paints Uncorked All Ages Events are open to persons of all ages (but not under ages 6 and 8 for Paints Uncorked and Plants Uncorked events respectively), and are not limited to children.

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No persons between the ages of 6 through 17 may be “dropped off” to an All Ages US Event, nor may persons between the ages of 6 through 17 be left alone at any time during an All Ages US Event. No persons between the ages of 6 and the legal drinking age in the jurisdiction where your Event is being held may be “dropped off” to an All Ages Canadian Event, nor be left alone at any time during an All Ages Canadian Event. While persons of the legal drinking age where their All Ages Event may purchase alcohol at an All Ages Event with valid identification, no alcohol may be purchased by or served to persons under the legal drinking age where your All Ages Event takes place.

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You acknowledge that any photographs taken at any All Ages Event for which you have purchased All Ages Tickets by Paints Uncorked, Paints Uncorked’s licensee, instructor, or other person working for or on behalf of Paints Uncorked or its licensee, which photographs depict in any manner any member of your party, including all persons for whom you have purchased All Ages Tickets, and which demonstrate participation at the All Ages Event, the set-up of the All Ages Event, the participants or instructors or staff at the All Ages Event, you or anyone for whom you purchased All Ages Tickets for the All Ages Event, or the equipment, materials, supplies or marketing materials related to Paints Uncorked in any way, shall become the property of Paints Uncorked, and that Paints Uncorked is free to use all such materials in any form or medium at Paints Uncorked’s sole and absolute discretion. You hereby waive any claims regarding the use of any such photographs or video to be used in any form or medium on behalf of yourself and any persons, including children, for whom you have purchased All Ages Tickets.

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Parents and/or legal guardians are expected to monitor persons between the ages of 6 through 17 for whom they have purchased All Ages Tickets during All Ages US Events, and to ensure they are behaving appropriately. Parents and/or legal guardians are expected to monitor persons between the ages of 6 and the legal drinking age in the jurisdiction where your Event is being held for whom they have purchased All Ages Tickets during All Ages Canadian Events, and to ensure they are behaving appropriately. Paints Uncorked and/or its licensee reserves the right to request that persons who are not behaving appropriately be removed from the All Ages Event. Examples of persons not behaving include, but are not limited to, (i) throwing paint, water, or other materials used at an All Ages Event, (ii) excessive screaming or yelling, or (iii) creating a dangerous or disruptive situation for other All Ages Event attendees.