Terms of Use & Privacy Policy


PAINTED CELLARS TERMS OF USE

Thank you for purchasing for your public Painted Cellars ticket(s) (the “Ticket”)! These Terms of Use (the “Terms”) govern your use of the Painted Cellars Service, as well as the use of the Ticket, including all features of Painted Cellars’ website (the “Website”), user experience, all content associated therewith (collectively the “Painted Cellars Service” or “Service”). When you or the person for whom you have purchased the Ticket eventually utilize the Ticket you/they will sign up for a Painted Cellars event (the “Event”) and will then be bound by the Event’s own set of terms and conditions. By using, visiting, or browsing the Painted Cellars Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Painted Cellars Service, including the Website, and you should not purchase the Ticket.

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

DEFINITIONS

  1. The term “Event” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend.
  2. Payment Method – The term “Payment Method” means the method of your payment for the Ticket that you indicated during your purchase of the Ticket.
  3. 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.
  4. The term “venue” shall mean the location where the Event will take place.
  5. The term “Website” shall mean the website hosted by Painted Cellars: paintedcellars.com (and all pages contained therein).
  6. 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, and includes any gift Ticket purchased.

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 Painted Cellars Catalog.

HOW THE PAINTED CELLARS SERVICE WORKS

Painted Cellars is an entertainment service that will provide an evening of painting instruction at the venue.

Painted Cellars reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how Painted Cellars 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 Painted Cellars is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.

Availability. The availability of Painted Cellars events at particular venues will change from time to time and could potentially change on the day of the Event. The availability of a specific artist/instructor at the Event may change at Painted Cellars’ sole discretion. While Painted Cellars will endeavor to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at Painted Cellars’ sole discretion without notice to you. .

Materials Provided. Painted Cellars will provide all paints, canvasses, brushes, easels, and aprons (“Equipment”) for the Event. While Painted Cellars maintains quality control over the materials it uses, the quality of the paint, canvasses, brushes, easels, aprons and artist may vary from event to event, and venue to venue, and may be affected by a variety of factors.

End result. Painted Cellars makes no representations or warranties about the quality of any painting or individual experience at the Event. Every painting will be unique, and the expectation that your painting will be a facsimile of the painting depicted on the Website is patently absurd.

Start Time. Painted Cellars 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 Painted Cellars makes no representation as to the exact amount of instruction time at the Event.

Capacity Limitations. You may not be able to attend the Event due to capacity limitations of the venue where the Event takes place. Painted Cellars recommends that you arrive at the venue at least 20 minutes prior to the start of the Event.

Painted Cellars Paintings. Painted Cellars may change which painting will be painted at the Event and may make such change without notice to you.

III.       UNAUTHORIZED USE

Painted Cellars’ paintings are developed by contracted artists, and for, Painted Cellars. With the exception of your painting at the Event, you may not copy or reproduce Painted Cellars’ paintings or any portion thereof, and you may not sell, lease or distribute any reproduction of any Painted Cellars painting, including the painting that you paint at your Event. Any unauthorized uses of Painted Cellars’ paintings or the Website are strictly prohibited.

PRIVACY POLICY AND COMMUNICATION WITH YOU

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

By using the Painted Cellars Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Painted Cellars. For example, Painted Cellars may send you newsletters about new Painted Cellars features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email info@painedcellars.com and ask to be removed from such future correspondence. You may also contact Painted Cellars by regular mail at 1299 East Ave Ste. B, Chico, CA 95926.

In addition, by utilizing the Painted Cellars Service, you expressly and/or impliedly consent to receiving electronic communications from Painted Cellars 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 Painted Cellars Service. These communications are part of your relationship with Painted Cellars and you receive them as part of the Painted Cellars Service. You agree that any notice, agreements, disclosure or other communications that Painted Cellars sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Painted Cellars will not sell your email address to any third party.

GIFT CERTIFICATE CONDITIONS

When you purchase a gift certificate, you do not need to specify a specific location for the gift certificate to be used. It may be used at any Painted Cellars location of your choosing.

 

Upon purchase, a confirmation code will be sent to you, or the person you purchased for if you entered their email address on the gift certificate. If you did not, you must then forward the confirmation code to the person(s) for whom you have purchased the gift certificate.

Gift certificates may only be utilized to attend the PUBLIC Event, and may not be exchanged for any other item. Gift certificates MAY NOT be used for Private Events.

Gift certificates are not refundable and have no cash value.

By redeeming your gift certificate, you agree that Painted Cellars has satisfied all of its obligations with respect to the redemption thereof.

Gift certificates do not expire and may be used to attend an eligible Event notwithstanding (i) any previously stated expiration date or (ii) your purchase or receipt of a gift certificate at a time when there was a stated expiration period.

PROMOTIONS

Painted Cellars promotions may not be combined with any other offers or your Ticket.

You may cancel your evening with Painted Cellars at anytime. However, there are no refunds or credits for unused promotional tickets.

Painted Cellars may offer a number of special promotional tickets with different limitations. Some of these promotional tickets are offered by third parties in conjunction with the provision of their own products and services. Painted Cellars is not responsible for the products and services provided by such third parties. Painted Cellars reserves the right to modify, terminate or otherwise amend Painted Cellars offered promotional tickets.

VII.   BILLING

By purchasing a Ticket, you are expressly agreeing that Painted Cellars is authorized to charge you a fee at the then current rate for such Ticket, and any other charges you may incur in connection with your use of the Painted Cellars Service to the Payment Method you provided during your Ticket purchase. 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 you utilize the Ticket.

You acknowledge that the amount billed for each Ticket you purchase may vary from day to day for reasons that may include differing amounts due to promotional offers, and you authorize Painted Cellars to charge your Payment Method for such varying amounts.

Ticket fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED TICKETS. Your Ticket never expires. At any time, and for any reason, Painted Cellars may provide a refund, discount, or other consideration (“credits”) to some or all of Painted Cellars’ customers. The amount and form of such credits, and the decision to provide them, are at Painted Cellars’ sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate Painted Cellars to provide credits in the future, under any circumstance. Painted Cellars may change the fees and charges in effect, or add new fees and charges from time to time, but Painted Cellars will give you advance notice of these changes by email.

Painted Cellars will bill the Ticket fee to the Payment Method you provide to Painted Cellars during your purchase of the Ticket.

VIII.   RIGHT TO TERMINATE

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

Painted Cellars does not warrant that any of the events or materials used in connection with the Service, nor does Painted Cellars warrant the operation of the Service.

SOCIAL MEDIA

You can connect Painted Cellars 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 Painted Cellars 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 will be able to see (on Facebook and on Painted Cellars) that you are a Painted Cellars customer as well as what you have painted, eaten or had to drink, with whom you attended an event, and other information about your use of the Painted Cellars Service. You will also be able to see similar information about your Facebook friends who are connected with Painted Cellars. In addition, Painted Cellars 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 PAINTED CELLARS 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 PAINTED CELLARS ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT PAINTED CELLARS AT INFO@PAINTEDCELLARS.COM TO HAVE YOUR INFORMATION REMOVED. Painted Cellars 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.

CUSTOMER REVIEWS

Painted Cellars encourages you to post reviews of Painted Cellars events through the Service. Painted Cellars reserves the right to promote, rejects, remove or edit such content at anytime 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 Painted Cellars or its personnel, misleading information regarding the origin of the content; or a discussion of Painted Cellars policies or services. You understand and agree that Painted Cellars may, but is not obligated to, review the content and may delete or remove it (without notice) in Painted Cellars’ sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, PAINTED CELLARS WILL 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 PAINTED CELLARS 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.

AGE RESTRICTION

The PAINTED CELLARS Service shall not be used by children UNDER THE AGE OF 12 UNLESS SPECIFIED IN THE EVENT DETAILS. Painted Cellars is not responsible in any manner if persons under the legal drinking age where the Event is being held attend the Event. In the event Painted Cellars or its licensee discovers that an Event attendee is under the legal drinking age in the venue where your Event is held, Painted Cellars or its licensee will refuse to offer instruction to any under age individual, regardless of whether that individual has a Ticket to the Event. Painted Cellars 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.

XII.   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 Painted Cellars 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 PAINTED CELLARS. Some of these TPS may even use Painted Cellars trademarks in connection with your Event. Painted Cellars 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 Painted Cellars 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 Painted Cellars harmless, as set forth in Section XXXIII 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 Painted Cellars harmless, as set forth in Section XXXIII 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 Painted Cellars, unless otherwise indicated by Painted Cellars. PAINTED CELLARS DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify Painted Cellars, as set forth in Section XXXIII hereof, for any and all claims made as the result of the provision of TPS at your Event.

XIII.   DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE PAINTED CELLARS SERVICE, PAINTED CELLARS’ WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE PAINTED CELLARS SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PAINTED CELLARS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PAINTED CELLARS SERVICE, PAINTED CELLARS’ WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE PAINTED CELLARS SERVICE, AND YOUR EVENT. PAINTED CELLARS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PAINTED CELLARS SERVICE, PAINTED CELLARS’ WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE PAINTED CELLARS SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PAINTED CELLARS MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE PAINTED CELLARS SERVICE AND YOUR EVENT, INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. PAINTED CELLARS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, PAINTED CELLARS PAINTINGS, AND EQUIPMENT. Without limiting the foregoing, Painted Cellars assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of Paint Cellars): (i) errors or omissions in the content delivered by the Painted Cellars Service or on the Painted Cellars Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Painted Cellars Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Painted Cellars Website, or otherwise through the Painted Cellars 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 Painted Cellars Service itself, including any losses or damages arising from the Painted Cellars Service, Website, Equipment, your Event, or TPS. PAINTED CELLARS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PAINTING. In addition, Painted Cellars does not represent or warrant that the information accessible via the Website is accurate, complete or current. Painted Cellars does not make any representations with respect to the content contained on events from the Painted Cellars Service or the descriptions of any event content contained on Painted Cellars’ Website and user interfaces. Painted Cellars does not represent or guarantee that your use of the Paint Cellars Service will be free from interruption, and Painted Cellars disclaims any liability with respect thereto. No oral or written information or advice given by Painted Cellars or Painted Cellars’ authorized representative shall create a warranty or otherwise constitute a representation binding upon Painted Cellars.

IN NO EVENT SHALL PAINTED CELLARS, 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 PAINTED CELLARS SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PAINTED CELLARS SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL PAINTED CELLARS TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE PAINTED CELLARS SERVICE, PAINTED CELLARS’ WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE PAINTED CELLARS SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

XIV.   INTELLECTUAL PROPERTY

Painted Cellars is a registered trademark of Painted Cellars dba Erika Noriega. The Painted Cellars logo and Paintedcellars.com are trademarks or service marks of Painted Cellars. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Painted Cellars. The trademarks, service marks and trade dress of Painted Cellars may not be used or reproduced without prior written approval from Painted Cellars and may not be used in connection with any product or service that is not affiliated with Painted Cellars, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Painted Cellars, or in any manner that disparages or discredits Painted Cellars. 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 Painted Cellars. Any images of persons or personalities contained on the Website are not an indication or endorsement of Painted Cellars or any particular product or our service unless otherwise indicated.

You agree that Painted Cellars 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 painting with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image you painted (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 by Painted Cellars, any instructor, assistant, or Painted Cellars’ licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the artwork, 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 Painted Cellars in any way shall become the property of Painted Cellars, may not be reproduced or utilized except as authorized by Painted Cellars, and that Painted Cellars is free to use all such materials at Painted Cellars’ sole and absolute discretion, including photoshopping and/or altering any portions of any such photographs.

ENTERTAINMENT AND SERVICE CONTENT

Painted Cellars 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 Painted Cellars chooses in its sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by Painted Cellars 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 Painted Cellars, or its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall Painted Cellars, or its members, directors, officers, employees, 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.

XVI.   USE OF INFORMATION SUBMITTED

Painted Cellars is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Painted Cellars (“Feedback”), including responses to questionnaires or through postings to the Painted Cellars 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 Painted Cellars Service. Painted Cellars may also share your information with third parties for purposes of Painted Cellars business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Painted Cellars, or in responding to questionnaires, you grant Painted Cellars 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 Painted Cellars 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 Painted Cellars. 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 Painted Cellars, its members, directors, officers, employees, attorneys, affiliates, 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.

XVII.   SERVICE TESTING

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

XVIII.   CUSTOMER SERVICE

If you need assistance, you may find answers and reach Customer Service at any time at info@paintedcellars.com. Also you can visit Painted Cellars’ FAQ page at www.paintedcellars.com where you will find the answers to many frequently asked questions.

XIX.   YOUR CONDUCT WHEN ACCESSING THE PAINTED CELLARS SERVICE

By accessing the Painted Cellars Service, including the Website, you agree to use the Painted Cellars 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 Painted Cellars Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Painted Cellars Service. You also agree not to impersonate any other person while using the Painted Cellars Service, conduct yourself in a vulgar or offensive manner while using the Painted Cellars Service, or use the Painted Cellars Service for any unlawful purpose.

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, Painted Cellars. In addition, other websites may link to the Painted Cellars website or Painted Cellars may include links to the websites of businesses, including those that have associations with Painted Cellars through certain programs. These pages may provide links to third parties. Painted Cellars has not reviewed these websites and you agree that Painted Cellars is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. You acknowledge and agree that Painted Cellars is not responsible or liable for, and do not otherwise warrant, the actions of these third parties, their products or the contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which Painted Cellars recommends you read carefully.

XXI.   PROMOTIONS WITH TICKET CODES

Promotional codes may be redeemed on the Website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. A valid Payment Method will be required when you redeem the promotion code. Painted Cellars will bill your Payment Method automatically. Promotional codes may not be used in conjunction with your gift Ticket purchase.

XXII.   ARBITRATION AGREEMENT

You and Painted Cellars agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Painted Cellars 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 (“Event Attendees”), and Painted Cellars agree that Federal and California laws (See 9 U.S.C. § 2; Code Civ. Proc., § 1281), governs the interpretation and enforcement of this provision, and that you and Painted Cellars 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 elect to seek arbitration, you must first send to Painted Cellars, by certified mail, a written notice of such claim (“Notice”). The Notice to Painted Cellars must be addressed to: Painted Cellars 1299 East Ave Ste. B, Chico, Ca 95926. 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, INCLUDING ALL EVENT ATTENDEES, AND PAINTED CELLARS 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 and Painted Cellars 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.

XXIII.   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 Painted Cellars 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.

You, including all Event Attendees, and Painted Cellars 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 XXII hereof, solely and exclusively in the state of California, Butte, Sonoma, San Joaquin or Mendocino 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 Painted Cellars in writing.

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 Painted Cellars 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 Painted Cellars 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 Sacramento, California or (ii) the California Superior Court, Sacramento County.

XXIV. WAIVER OF RIGHTS

The failure of Painted Cellars 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 Painted Cellars may at any time demand strict and complete performance of said terms, covenants and conditions.

XXV. 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.

XXVI. 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.

XXVII. 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 Painted Cellars on the grounds that Painted Cellars drafted these Terms.

XXVIII. SURVIVAL

Both your and Painted Cellars’ 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.

XXIX. 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.

XXX.   FURTHER ASSURANCES

You agree that you shall, at the request of Painted Cellars, 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

XXXI. FORCE MAJEURE

Neither you nor Painted Cellars 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 governmental authority, provided that the party that is unable to perform immediately notifies the other party of such inability.

XXXII. ELECTRONIC TRANSACTIONS

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

XXXIII.   DEFENSE AND INDEMNITY

You agree to defend, indemnify, and hold Painted Cellars 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 Painted Cellars that are related to such circumstances.

 

 

PAINTED CELLARS TERMS OF USE FOR PRIVATE EVENTS

Thank you for signing up for your private Painted Cellars (“Painted Cellars”) event (the “Event”)! These Terms and Conditions (the “Terms”) govern your use of the Painted Cellars Service, as well as the use of the Painted Cellars Service by all Event Attendees, including all features of Painted Cellars’ website, user experience, all content associated therewith, and your Event (collectively the “Painted Cellars Service” or “Service”). By using, visiting, or browsing the Painted Cellars Service, you accept and agree to be bound by these Terms.

 

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

DEFINITIONS

  1. The terms “Event” and/or “Private Event” mean the event you have contracted with Painted Cellars to hold.
  2. The Term “Event Attendees” means all individuals who will be attending the Event.
  3. Payment Method – The term “Payment Method” means the method of your payment for the Event that you indicated during your registration for your Event.
  4. All references herein to “you” or “your” shall mean and refer to the person or entity 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.
  5. The term “venue” shall mean the location where the Event will take place.
  6. The term “Website” shall mean the website hosted by Painted Cellars: www.paintedcellars.com (and all pages contained therein).
  7. The term “Ticket” or “Tickets” shall mean a revocable license(s) sold to you and for which you have paid.
  8. 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 Painted Cellars Library.

 

HOW THE PAINTED CELLARS SERVICE WORKS

Painted Cellars is an entertainment service that will provide you with an evening of painting instruction at the venue.

Painted Cellars reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how Painted Cellars operates the Service. Any description of how the Painted Cellars Service works should not be considered a representation or obligation with respect to how the Service will always work, as Painted Cellars is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.

Choice of Artist. While Painted Cellars 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 Painted Cellars’ sole discretion without notice to you.

Materials Provided. Painted Cellars will provide all paints, canvasses, brushes, easels, and aprons (“Equipment”) necessary to accommodate the number of Event Attendees that you have selected. To the extent there will be in excess of twenty Event Attendees, you must inform Painted Cellars 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.

While Painted Cellars maintains quality control over the materials it uses, the quality of the paint, canvasses, brushes, easels, aprons and artist may vary from event to event, and venue to venue, and may be affected by a variety of factors.

End result. Painted Cellars makes no representations or warranties about the quality of the painting of Event Attendees or the individual experiences of Event Attendees. Every painting will be unique and the expectation that any painting created at the Event will be a facsimile of the painting depicted on the Website is patently absurd.

Start Time. Painted Cellars 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 Painted Cellars makes no representation as to the exact amount of instruction time at the Event.

Capacity Limitations. The venue may have capacity limitations for the Event. Painted Cellars 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 Painted Cellars 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. Painted Cellars recommends that you arrive at the venue 30 minutes prior to the start of the Event.

Painted Cellars Paintings. Painted Cellars may change what painting will be painted on a particular night and may make such change without notice to you.

III. UNAUTHORIZED USE

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

 

PRIVACY POLICY

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

By using the Painted Cellars Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Painted Cellars. For example, Painted Cellars may send you newsletters about new Painted Cellars features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply infot@painedcellars.com and ask to be removed from such future correspondence. You may also contact Painted Cellars by regular mail at 1299 East Ave. STE B Chico, Ca 95926.

In addition, you consent to receiving electronic communications from Painted Cellars. These communications will include 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 Painted Cellars Service. These communications are part of your relationship with Painted Cellars and you receive them as part of the Painted Cellars Service. You agree that any notice, agreements, disclosure or other communications that Painted Cellars sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Painted Cellars will not sell your email address to any third party.

PROMOTIONS

Painted Cellars promotions may not be utilized in conjunction with any Private Event. Only Event Attendees approved by you may attend your Event.

BILLING

The Painted Cellars Private Event fee is a 12-person minimum and $40 for each person. Ticket fees and charges are fully earned upon payment. Painted Cellars will require the $50 to confirm your Event. If you have over 15 attendees, Painted Cellars will offer the host a complimentary seat. Final headcount must be established at least 48 hours in advance of your Event (as set forth in Section II hereof). Painted Cellars 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 14 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 14 days of the Event.

By purchasing a Painted Cellars ticket to your Event, you are expressly agreeing that Painted Cellars 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 Painted Cellars 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 Painted Cellars to charge your Payment Method for such additional amounts.

Painted Cellars may change the fees and charges in effect, or add new fees and charges from time to time, but we 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.

VII. RIGHT TO TERMINATE

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

END USER LICENSE AGREEMENT: BY USING THE PAINTED CELLARS SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE PAINTED CELLARS END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE PAINTED CELLARS NEWSLETTERS, INFORMATION AND UPDATES FROM PAINTED CELLARS AND RELATED THIRD-PARTY. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

We do not warrant that any of the events or materials used in connection with our service nor do we warrant that operation of our service.

VIII. SOCIAL MEDIA

You can connect Painted Cellars 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 Painted Cellars may already have, or will be creating, as part of the Painted Cellars Service, as well as features available on Facebook. 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 will be able to see (on Facebook and on Painted Cellars) that you’re a Painted Cellars customer as well as what you’ve painted, eaten or had to drink, and who you attended the Event with, and other information about your use of the Painted Cellars Service. You’ll also be able to see similar information about your Facebook friends who are connected with Painted Cellars. In addition, Painted Cellars 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 PAINTED CELLARS ACCOUNT TO YOUR FACEBOOK 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 ACCOUNTS). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR PAINTED CELLARS ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT PAINTED CELLARS AT INFO@PAINTEDCELLARS.COM TO HAVE YOUR INFORMATION REMOVED.

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

CUSTOMER REVIEWS

Painted Cellars encourages you to post reviews of your Events through the Painted Cellars Service. Painted Cellars reserves the rights 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 Painted Cellars’ creative personnel, (iv) misleading information regarding the origin of the content, or (v) a discussion of Painted Cellars policies or services. You understand and agree that Painted Cellars may, but is not obligated to, review the content of any review and may delete or remove it (without notice to you) in Painted Cellars’ sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, PAINTED CELLARS WILL DISPLAY YOUR RATING OF YOUR EVENT. 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 YOUR EVENT, TO A PUBLIC FORUM, INCLUDING OTHER CUSTOMERS OF, AND VISITORS TO, THE PAINTED CELLARS 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.

 

AGE RESTRICTION

The Painted Cellars 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. Painted Cellars 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 Painted Cellars 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, Painted Cellars or its licensee will refuse to offer instruction to any under age individual, regardless of whether that individual has a Ticket to the Event. Although Painted Cellars is not under any obligation to ensure that any of your Event Attendees are of the legal drinking age where your Event is held, Painted Cellars 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.

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 Painted Cellars 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 PAINTED CELLARS.

Some of these TPS may even use Painted Cellars trademarks in connection with your Event. Painted Cellars 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 Painted Cellars 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 Painted Cellars harmless 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 Painted Cellars harmless from all claims involving or relating 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 Painted Cellars, unless otherwise indicated by Painted Cellars. PAINTED CELLARS DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify Painted Cellars for any and all claims made as the result of the provision of TPS at your Event.

XII. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

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

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

IN NO EVENT SHALL PAINTED CELLARS, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, 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 PAINT, 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 PAINTED CELLARS SERVICE, THE WEBSITE, TPS, YOUR EVENT,AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PAINTED CELLARS SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL PAINTED CELLARS’ TOTAL LIABILITY TO YOU OR ANY EVENT ATTENDEES FOR ANY DAMAGES OR LOSSES ARISING FROM

THE PAINTED CELLARS SERVICE, PAINTED CELLARS’ WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE PAINTED CELLARS SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

XIII. INTELLECTUAL PROPERTY

Painted Cellars is a registered trademark of Paint Cellars dba Erika Noriega. The Painted Cellars logo and paintedcellars.com are trademarks or service marks of Paint Cellars dba Erika Noriega. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Painted Cellars. The trademarks, service marks and trade dress of Painted Cellars may not be used or reproduced without prior written approval from Painted Cellars and may not be used in connection with any product or service that is not affiliated with Painted Cellars, in any manner that is likely to cause confusion among customers or the public at large, in any manner or that dilutes the rights of Painted Cellars, or in any manner that disparages or discredits Painted Cellars. Other trademarks that appear on the Website and user interfaces are the property of their respective owners, who mayor may not be affiliated with, connected to, or sponsored by Painted Cellars. Any images of persons or personalities contained on the Website are not an indication or endorsement of Painted Cellars or any particular product or our service unless otherwise indicated.

You agree that Painted Cellars 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 painting with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image you painted (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 by Painted Cellars, any instructor, assistant, or Painted Cellars’ licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the artwork, the setup of your Event, the participants or instructors or staff at your Event, you, or the equipment, materials, supplies or marketing materials related to Painted Cellars in any way shall become the property of Painted Cellars, may not be reproduced or utilized except as authorized by Painted Cellars, and that Painted Cellars is free to use all such materials at Painted Cellars’ sole and absolute discretion, including photoshopping and/or altering any portions of any such photographs.

XIV. ENTERTAINMENT AND SERVICE CONTENT

Painted Cellars provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information related to your Event through the Service, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner Painted Cellars chooses in its sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by Painted Cellars 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 Painted Cellars, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns. Under no circumstances shall Painted Cellars, or its members, directors, officers, employees, 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. You and all Event Attendees permit Painted Cellars to use any and all images, filmed, photographed, or otherwise, in Painted Cellars’ sole and absolute discretion, and waive any and all claims related to any such usage by Painted Cellars.

USE OF INFORMATION SUBMITTED

Painted Cellars is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Painted Cellars (“Feedback”), including responses to questionnaires or through postings to the Painted Cellars 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 Painted Cellars Service. Painted Cellars may also share your information with third parties for purposes of Painted Cellars’ business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Painted Cellars, or in responding to questionnaires, you grant Painted Cellars 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 Painted Cellars 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 Painted Cellars. 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 Painted Cellars, its members, directors, officers, employees, 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.

XVI. SERVICE TESTING

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

XVII. CUSTOMER SERVICE

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

XVIII. YOUR CONDUCT IN ACCESSING THE PAINTED CELLARS SERVICE

By accessing the Painted Cellars service, including the Website, you agree to use the Painted Cellars 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 Painted Cellars Service or to violate any of the procedures, policies or regulations of establishments connected to the Painted Cellars Service. You also agree not to impersonate any other person while using the Painted Cellars Service, conduct yourself in a vulgar or offensive manner while using the Painted Cellars Service, or use the Painted Cellars Service for any unlawful purpose.

XIX. 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, Painted Cellars. In addition, other websites may link to the Website or Painted Cellars may include links to the websites of businesses, including those that have associations with Painted Cellars through certain programs. These pages may provide links to third parties. Painted Cellars 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 Painted Cellars is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, 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.

ARBITRATION AGREEMENT

You and Painted Cellars agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Painted Cellars 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 (“Event Attendees”), and Painted Cellars agree that Federal and California laws (See 9 U.S.C. § 2; Code Civ. Proc., § 1281), governs the interpretation and enforcement of this provision, and that you and Painted Cellars 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 elect to seek arbitration, you must first send to Painted Cellars, by certified mail, a written notice of such claim (“Notice”). The Notice to Painted Cellars must be addressed to: Painted Cellars 1299 East Ave Ste. B, Chico, Ca 95926. 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, INCLUDING ALL EVENT ATTENDEES, AND PAINTED CELLARS 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 and Painted Cellars 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.

XXI. 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 Painted Cellars 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.

You, including all Event Attendees, and Painted Cellars 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 XXII hereof, solely and exclusively in the state of California, Butte, Sonoma, San Joaquin or Mendocino 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 Painted Cellars in writing.

This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Even

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 Painted Cellars 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 Painted Cellars 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 Sacramento, California or (ii) the California Superior Court, Sacramento County.

 

XXII. WAIVER OF RIGHTS

The failure of Painted Cellars 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 Painted Cellars may at any time demand strict and complete performance of said terms, covenants and conditions.

XXIII. 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.

XXIV.   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.

XXV. 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 Painted Cellars on the grounds that Painted Cellars drafted these Terms

XXVI. SURVIVAL

Both your and Painted Cellars’ 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.

XXVII.   AUTHORITY

You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself, the person or entity for whose benefit the Event is being held, and all Event Attendees.

XXVIII. FURTHER ASSURANCES

You agree that you shall, at the request of Painted Cellars, 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.

XXIX. FORCE MAJEURE

Neither you nor Painted Cellars 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 governmental authority, provided that the party that is unable to perform immediately notifies the other party of such inability.

XXX. 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.

XXXI. DEFENSE AND INDEMNITY

You, including all Event Attendees, agree to defend, indemnify, and hold Painted Cellars 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 Painted Cellars that are related to such circumstances.

 

© 2016 Painted Cellars. All Rights Reserved.