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These Terms of Use govern your use of the Paint Palooza service, including all features and our website and user experience, and all content associated therewith (the “Paint Palooza service” or “service”). By using, visiting, or browsing the Paint Palooza service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Paint Palooza service, including our website.
These Terms of Use govern your use of the Paint Palooza service and you should read them carefully. The Paint Palooza service is provided by Paint Palooza, LLC.
These Terms of Use provide that all disputes between you and Paint Palooza will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Paint Palooza.
These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We hope you enjoy your Paint Palooza experience! Our goal is for you to relax and have fun!
Paint Palooza reserves the right, from time to time, with or without notice to you, to change these Terms of Use, in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions.
Paint Palooza is an entertainment service providing its customers with an event of painting instruction at local eating establishments, churches and clubhouses. We reserve the right in our sole and absolute discretion to make changes to our business model or services from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
The availability of Paint Palooza 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 painter may also change at our sole discretion without notice. Materials Provided. The quality of the paint, canvas, brushes, easel, aprons and artist may vary from event to event, and venue to venue, and may be affected by a variety of factors, such as your location at the event and the lighting in that particular area of the establishment. End result. Paint Palooza makes no representations or warranties about the quality of your painting or individual experience. Every painting will be unique and the expectation that your painting will be a facsimile of the painting depicted on the website is remarkably unrealistic. Point in fact; Everyone’s handwriting is unique to them. Similarly, everyone’s brush strokes are unique to them.
Paint Palooza will make every effort to begin the instruction at the designated start time and complete the instruction under 2 hours (3 when appropriate and documented), however, the time it takes to begin and complete the instruction will vary based on a number of factors.
You may not be able to attend a Paint Palooza event due to capacity limitations of the venue. We recommend you purchase your tickets in advance and arrive 30 minutes prior to the start of the event. Seating and painting supplies are limited. Late registrations and walk-ins will be limited.
Paint Palooza may change what paintings will be painted on a particular night and may change without notice. Paint Palooza paintings are developed by, and for, Paint Palooza. You may not copy or reproduce the paintings or any portion thereof. Any unauthorized use of the paintings are strictly prohibited, unless mutually agreed upon by both parties or within our partnering organizations.
Any personally identifying information submitted through the Paint Palooza service is subject to our Privacy Policy, the terms of which are incorporated herein. By using our service, you are consenting to receive certain communications from us. For example, Paint Palooza may send you newsletters about new Paint Palooza 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@paintpalooza.com and ask to be removed from future correspondence. By using the Paint Palooza service, you consent to receiving electronic communications from Paint Palooza. 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 our service. These communications are part of your relationship with Paint Palooza and you receive them as part of the Paint Palooza service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Paint Palooza promotions may not be combined with any other offers. You may cancel your evening with Paint Palooza at any time; however, there are no refunds or credits for unused promotional tickets. We 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. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered promotional tickets.
By purchasing a Paint Palooza ticket, you are expressly agreeing that we are 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 Paint Palooza service to the Payment Method you provided during registration. Please note that prices and charges are subject to change without notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against the Payment Method you provide to complete your purchase. 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 amount billed for each event may vary from event to event for reasons that may include differing amounts due to promotional offers, and you authorize us 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 EVENTS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers (“credits”). The amount and form of such credits, and the decision to provide them, are at our 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 us to provide credits in the future, under any circumstance. We 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. We will bill the ticket fee to the Payment Method you provide to us during registration. Ticket fees are fully earned upon payment.
You may cancel your Paint Palooza ticket at any time and for any reason. WE DO NOT PROVIDE REFUNDS OR GUARANTEE CREDITS FOR ANY PARTIAL OR UNUSED SINGEL EVENT TICKETS WITHOUT A 48 HOUR NOTICE PRIOR TO THE EVENT. WRITTEN NOTIFICATION SHOULD BE SENT TO info@paintpalooza.com WITH THE SUBJECT “Cancellation”. One-Time Use Discount Coupons will be considered Redeemed unless 48 hour prior notification has been received. This includes No-Shows. CANCELLATION OF PRIVATE PARTIES ARE ADDRESS WITHIN THE PARTY CONTRACT.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE PAINT PALOOZA 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 PAINT PALOOZA AND RELATED THIRD-PARTY. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, PLEASE DO NOT USE OUR WEBSITE OR 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.
You can connect Paint Palooza to your Facebook account. If you choose to connect, you’ll be able to take advantage of various social features we will be creating as part of the Paint Palooza 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 Paint Palooza) that you’re a Paint Palooza 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 Paint Palooza service. You’ll also be able to see similar information about your Facebook friends who are connected with Paint Palooza. In addition, Paint Palooza 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 Facebook which will impact this feature and may give you some control over the information that is shared and who it is shared with. While we hope that you find the Facebook feature to be a great way to share information about your Paint Palooza experience, Paint Palooza provides no guarantee your Facebook Account will be enhanced by Paint Palooza’s followers.BY CONNECTING THE PAINT PALOOZA 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 FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND YOUR ACCOUNT SETTINGS ON PAINT PALOOZA). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR PAINT PALOOZA ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT PAINT PALOOZA TO HAVE YOUR INFORMATION REMOVED. We and Facebook 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 of Use.
We encourage you to post reviews of Paint Palooza events through the Paint Palooza service. We reserve the right to promote, reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane, inflammatory, or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on Paint Palooza’s Creative personnel; misleading information regarding the origin of the content; or a discussion of Paint Palooza policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below. WHEN YOU HAVE SUBMITTED A REVIEW, WE 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 PAINT PALOOZA SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE REVIEW AN EVENT OR THE PAINT PALOOZA SERVICE. The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
The Paint Palooza Public Sip and Paint parties are not intended to be used by anyone under the age of 21, unless the venue allows underage children. Please check with the venue prior to reserving your seats. Private Parties for Kids and Family events may be attended by Children 6 and up, based on the painting being instructed. Painters under the age of 6 may attend, however, they must be assisted, throughout the entire event, by an adult.
You may encounter third-party services, SUCH AS FOOD AND DRINK, from the venues where you interact with the Paint Palooza service. These third-party services are provided solely as a convenience to you, and Paint Palooza is not responsible for and does not endorse the food, beverage or service provided. SUCH SERVICES ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY PAINT PALOOZA. Some of these third-party services may even use a current or future Paint Palooza trademark. Paint Palooza is not responsible for and does not endorse the content of such third-party services. You will need to make your own independent judgment regarding your interaction with these third-party services. If you choose, at your sole and absolute discretion and risk, to use a third-party services. By using such third-party services, you acknowledge and agree to the following: (i) your use of a third-party services may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if Paint Palooza has not provided such information; and (ii) your USE OF A third- party service IS AT YOUR OWN OPTION AND RISK, and you will hold Paint Palooza harmless for the sharing of information relating to your Paint Palooza experience that results from your use of an third-party service. If you have any questions, concerns, complaints, or claims about the third-party services, you should contact the support or contact personnel of the third-party services and not Paint Palooza, unless otherwise indicated by Paint Palooza. PAINT PALOOZA DENIES ALL LIABILITY ARISING FROM YOUR USE OF third-party services.
THE PAINT PALOOZA SERVICE, INCLUDING OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES ASSOCIATED WITH THE PAINT PALOOZA SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PAINT PALOOZA SERVICE, OUR WEBSITE AND USER EXPERIENCE, AND ALL CONTENT ASSOCIATED THEREWITH. PAINT PALOOZA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PAINT PALOOZA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PAINT PALOOZA MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE PAINT PALOOZA SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. PAINT PALOOZA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIRD-PARTY SERVICES, PAINT PALOOZA PAINTINGS, AND PAINT PALOOZA EQUIPMENT. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Paint Palooza service or on the Paint Palooza website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Paint Palooza service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Paint Palooza website, or otherwise through the Paint Palooza service; and (vii) any losses or damages arising from the use of the paint or equipment provided at the Paint Palooza event, or otherwise through the Paint Palooza service itself, including any losses or damages arising from the Paint Palooza service, website or equipment. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PAINTING. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on events from the Paint Palooza service or the descriptions of any event content contained on our website and user interfaces. We do not represent or guarantee that your use of the Paint Palooza service will be free from interruption, we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Paint Palooza.
IN NO EVENT SHALL PAINT PALOOZA, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES 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 PAINT PALOOZA SERVICE, OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PAINT PALOOZA SERVICE, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PAINT PALOOZA SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE PAINTING EVENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, OR INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW OR FORMAL ARBITRATION.
The Paint Palooza website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Paint Palooza, LLC. Any current or future trademarks, service marks and trade dress of Paint Palooza may not be used or reproduced without prior written approval from Paint Palooza and may not be used in connection with any product or service that is not affiliated with Paint Palooza in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Paint Palooza, or in any manner that disparages or discredits Paint Palooza. Other trademarks that appear on the Paint Palooza website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Paint Palooza. Any images of persons or personalities contained on the Paint Palooza website are not an indication or endorsement of Paint Palooza or any particular product or our service unless otherwise indicated.
We provide entertainment and we reserve the right to display and promote the filmed or photographed entertainment or other information through our service, including our website and user interfaces, such as Facebook, to you in any manner we choose in our sole and absolute discretion. In addition, the Paint Palooza service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us on Yelp. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Paint Palooza service are those of the respective authors or producers and not of Paint Palooza, or its shareholders, directors, officers, or employees. Under no circumstances shall Paint Palooza, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Paint Palooza service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Paint Palooza service.
Paint Palooza is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Paint Palooza service, including the Paint Palooza 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 Paint Palooza service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sub-license 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 Paint Palooza 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 Paint Palooza. 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 Paint Palooza and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our service, including our website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
If you need assistance, you may find answers and reach Customer Service at any time at info@paintpalooza.com.
By accessing the Paint Palooza service, including the Paint Palooza website, you agree to use the Paint Palooza 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 Paint Palooza service or to violate any of the procedures, policies or regulations of establishments connected to the Paint Palooza service. You also agree not to impersonate any other person while using the Paint Palooza service, conduct yourself in a vulgar or offensive manner while using the Paint Palooza service, or use the Paint Palooza service for any unlawful purpose.
You must be 18 years of age or older to use the Paint Palooza service, however, you may engage Paint Palooza services for your child, with parental consent.
Some of the hyperlinks on the Paint Palooza website may lead to other websites or other content that are not controlled by, or affiliated with, Paint Palooza. In addition, other websites may link to the Paint Palooza website or Paint Palooza may include links to the websites of businesses, including those that have associations with us through certain programs. These pages may provide links to third party. Paint Palooza has not reviewed these websites and 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 Paint Palooza 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 we recommend you read carefully.
In most instances, promotional codes may be redeemed on our website at www.PaintPalooza.com. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, unless expressly agreed upon by a Paint Palooza authorized party. A valid Payment Method will also be required when you redeem the promotion code. Paint Palooza will bill your Payment Method automatically for any balance after the coupon code has been applied to the ticket purchase(s).
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of law provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforce ability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
You and Paint Palooza agree that any dispute, claim or controversy arising out of or relating in any way to the Paint Palooza service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Paint Palooza are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your relationship with Paint Palooza as a customer.If you elect to seek arbitration, you must first send your complaint to Paint Palooza, by certified mail, a written Notice of your claim (“Notice”). The Notice to Paint Palooza should be addressed to: General Counsel, Paint Palooza, Inc., P O Box 690662, San Antonio, TX 78269. YOU AND PAINT PALOOZA 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 OR REPRESENTATIVE PROCEEDING). Further, unless both you and Paint Palooza agree otherwise, the arbitrator may not consolidate more than one person’s claims with your 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.
All Organizers, Painters and Attendees (non-painters) waive all rights (including copyright) to any and all videos, pictures, or other types of advertising materials to promote Pant Palooza or Fundraisers, in order for the non-profit organization to receive donations (no exceptions) giving Paint Palooza the copyright of all videos & pictures taken by Paint Palooza at any event.