TERMS OF USE
Welcome to www.paintingpicnik.com (“Site”)! This website is owned and operated by Painting Picnik, L.L.C. (“Company”, “we”, “our” or “us”). Please read these Terms of Use (“Terms”) carefully as they explain what you can and can’t do on our Site. In order to accept the Terms and to use the Site, you must be at least 18 years of age (“Minimum Age”). The Site is not intended for users under the Minimum Age. If you are not at least the Minimum Age, you may not use this Site.
BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE, WHICH INCLUDE AND INCORPORATE BY REFERENCE OUR PRIVACY POLICY AND ANY OTHER TERMS AND CONDITIONS WHICH WE NOTIFY YOU OF WHEN YOU USE OR ATTEMPT TO USE OUR SITE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
Definitions
The term “ACT#” or “Event” or “Service” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend.
The term “Ticket” shall mean a revocable license or licenses which you or a person for whom you have purchased the Ticket may utilize to attend the Event (“ACT#”) and includes any gift Ticket purchased.
All references herein to “you” or “your” shall mean and refer to the person who purchased the Ticket, and includes any persons that eventually utilize the Ticket to attend the Event (defined in these Terms as an “Event Attendee” or “Event Attendees”).
The term “Venue” shall mean the location where the Event will take place.
The term “Website” or “Site” shall mean the website www.paintingpicnik.com and/or (and all pages contained therein).
Payment Method – The term “Payment Method” means the method of your payment for the Ticket that you indicated during your purchase of the Ticket.
The term “Work of Art” or “Works of Art” shall include any painting, drawing, sketch, or other creation created at your event or any painting, drawing, sketch, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the Painting Picnik Library.
1. Changes to Terms.
We reserve the right to add to, delete or modify these Terms any time and from time to time by updating or revising the Terms posted. Such changes, modifications and deletions shall become effective immediately upon the posting thereof. Your continued use of this Site after the changes become effective means that you are agreeing to be bound by the changes. As a result, we encourage you to review the Terms periodically.
2. Changes to the Site.
You acknowledge and agree that we may stop providing the services and content of our Site to you or to users generally, in whole or in part, at any time without prior notice to you, at our sole discretion. Further, we may add, change, delete, discontinue, modify, remove or suspend any aspect of the Site’s services or content (as defined below), at any time, without notice and without liability. You understand and agree that we are not liable to you in any manner for your inability to access or use any of the Site’s services.
The Company reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how it 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 adjusting the Service and often these adjustments are not completely captured within these Terms.
3. How the Service works
The Company is an entertainment service that will provide instruction for your Event at the venue you select.
4. Works of Art
The Company may change which Work of Art will be instructed on a particular day and may make such change without notice to you.
5. 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.
6. Product Display and Orders.
All features, specifications, products and prices of products and services described on the Site are subject to change at any time without notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Site. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet.
7. Order Limitations.
We reserve the right to reject any order you place with us and/or or to limit quantities in any order, without giving any reason or for no reason, if we determine it is in our best interests to do so.
The Company reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.
8. 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.
The Company does not warrant any of materials used in connection with the Service, nor does the Company warrant the operation of the Service.
9. Start Time
The Company will make every effort to begin the instruction at the designated start time and complete the instruction in under 2 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.
10. End Result
The Company makes no representations or warranties about the quality of the painting of Event Attendees or individual experiences of Event Attendees. Every painting created by you will be unique, and the expectation that your Work of Art will be a facsimile of the Work of Art depicted on the Website is patently absurd.
11. 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. Only Event Attendees approved by you may attend your Event.
12. Age restriction
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 attends the Event. ALL CHILDREN UNDER THE AGE OF EIGHTTEEN MUST BE ACCOMPANIED BY AN ADULT AT ALL TIMES. The Company is not responsible for any children left unattended. 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 underage 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.
13. 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.
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 32 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 32 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 39 hereof, for any and all claims made as the result of the provision of TPS at your Event.
14. 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 BE UNINTERRUPTED 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 OTHER 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 representative shall create a warranty or otherwise constitute a representation binding upon the Company.
IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS, SUBSIDIARIES, PARENT COMPANIES, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU 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 FOR ANY DAMAGES OR LOSSES ARISING FROM THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.
15. Unauthorized use
Works of Art are developed by, and for, the Company. With the exception of the Work of Art you create at the Event, you may not copy or reproduce Works of Art or any portion thereof, and you may not sell, lease or distribute any reproduction of any Work of Art, including the Work of Art that you create at your Event. Any unauthorized uses of Works of Art or the Website 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.
16. Promotions
Company promotions may not be utilized in conjunction with any Private Event.
17. Billing
Ticket fees and charges are fully earned upon payment. If you have over 6 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 24 hours before the Event, but in such case, you may only reschedule your Event once. Payment is not refundable if your Event is cancelled within 24 hours of the Event.
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.
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.
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.
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.
18. Ownership and Use of Our Site and Content.
All Site marks, images, illustrations, designs, icons, photographs, text, audio clips, video clips, software, HTML code, scripts, artwork, graphic materials, or other copyrightable elements, trademarks, service marks, trade names, including the selection, sequence and “look and feel” and arrangements of such items (collectively, the “Content”) are the property of Painting Picnik and are protected, without limitation, pursuant to U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Site, services and associated Content, for personal use only in accordance with these Terms. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else’s. Except as specifically permitted by us, you shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including without limitation, the display and distribution of the Content via a third-party website) without the express written consent of Painting Picnik. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Unauthorized or prohibited use of the Content may subject you to civil liability and criminal prosecution, or both under applicable federal, state and local laws.
19. 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.
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 [email protected] TO HAVE YOUR INFORMATION REMOVED.
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.
20. Intellectual Property
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.
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). 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).
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.
21. 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.
22. Customer reviews
The Company encourages you to post reviews of events through the Service. The Company reserves the right to promote, reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the Company or its personnel, misleading information regarding the origin of the content; or a discussion of Company policies or services. You understand and agree that the Company may, but is not obligated to, review the content and may delete or remove it (without notice) 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.
23. 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, attorneys, affiliates, licensees, employees or agents of licensees, subsidiaries, parent companies, 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.
24. Customer service
If you need assistance, you may find answers and reach Customer Service at any time at [email protected].
25. Your conduct when accessing the 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, Event assistants, customers or anyone connected to any portion of the Service, or to violate any of the procedures, policies or regulations of establishments or venues 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.
26. Third Party Hyperlinks.
Our Site may contain links to other websites (collectively, the “Third Party Sites”). The linked Third Party Sites may not be under the control of Painting Picnik, and unless expressly stated in the Third Party Site terms and conditions, Painting Picnik does not warrant, represent or assume any responsibility or liability for the accuracy, completeness of the information or software or other materials downloaded from or contained in any Third Party Site nor will we have any obligation, responsibility or liability to you or anyone else once you leave the Site. A link to a Third Party Site does not constitute a referral, endorsement of verification by us of the Third Party Site. These linked websites have separate and independent privacy statements, notices and terms of use, which the Company recommends you read carefully.
27. 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.
28. 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 hereto irrevocably consent and submit to the exclusive jurisdiction within the Commonwealth of Florida in respect of any such proceeding before (i) the federal District Court for the District of Florida, located in Aventura, Florida or (ii) the Florida Superior Court, Dade County.
This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Event.
29. 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.
30. 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.
31. 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.
32. 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.
33. Survival
Both your and the Company’s obligations in these Terms, which by their nature, have significance after the conclusion of the purchase of your Ticket and attendance at the Event, shall survive the termination or expiration of these Terms and the conclusion of the purchase of your Ticket and attendance at the Event.
Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms, including the Site and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
34. 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.
35. 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.
36. 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.
37. 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.
38. Defense and indemnity
You 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. We reserve the right, at our own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and you agree, upon request, to cooperate with us in the defense, settlement or compromise of any such Claim.
39. General.
These Terms, together with our Privacy Policy and any other regulations, procedures and policies which we refer to are hereby incorporated by reference and contain the entire agreement you have with Painting Picnik regarding the Site, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter. If, for any reason, Painting Picnik believes, has reason to believe, suspects or is notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms, including the Site and Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Subtotal:
Free