PAINTING CIRCLE LLC TERMS AND CONDITIONS AGREEMENT
Your access to and use of the Site or other Service is also subject to the Terms of Use.

This is the legal agreement between all users, members, and participants of this site (PaintingCircle.com). PaintingCircle.com organizes social painting classes parties events referred to as "social painting class, "learn to paint taught by an instructor", and other "painting party events" to introduce painting to each other for fun and as a learning experience.

This page contains the "Terms and Conditions" for PaintingCircle.com. The "Terms and Conditions" is also referred to as our "Disclaimer". Our Terms and Conditions constitute a "Legal Agreement" between every Visitor to our website (PaintingCircle.com) and/or Participant of our painting classes. Our Terms and Conditions are subject to change at any time with or without prior notice. Every Visitor and/or Participant takes all responsibility and agrees to be solely accountable for not abiding by the Terms and Conditions as outlined in this "Agreement."

All Participants must be 21 years old or older. If requested, Participant(s) must carry and immediately provide proof of identity and age to our host and or venue.

Participants may not make any claims about our services on any complaint sites without first reaching out to us to let us fix any issues you may have with our services.

Painting Circle LLC reserves the right to reject any Participant from registering for one of our painting classes for any reason whatsoever, or if registration has been effectuated, refund Participant's registration fee in full and prevent User from participating in any PaintingCircle.com class.

We reserve the right to change any social painting class start time, date, ticket price or venue. We will notify customers by email if those changes are made. If our painting class is rescheduled or canceled, we reserve the right to substitute your purchase with another painting-class event ticket, greater or the same value. If you enter your friend(s)’ name, you will be charged for their tickets. Please note: ticket purchases are non-refundable.

You agree that you will use the Painting Circle.com website lawfully and ethically. Our website contains copyrighted and proprietary information. No visitor or Participant is allowed to download or share any images or text from our site. No visitor or Participant is allowed to recreate our website for personal use, that includes saving our website in full or in part on their hard drive or in a PDF or other file.

All gift certificates must be purchased by a person of 21 years of age or older, and for a person of 21 years of age or older.

SOCIAL MEDIA

You can connect Painting Circle 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 Painting Circle 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, instagram, twitter, pinterest will be able to see (on Facebook and related social media sites and on Painting Circle.com) that you're a Painting Circle.com customer as well as what you've painted, eaten or had to drink, and who you attended the painting class event with, and other information about your use of the Painting Circle.com service. You'll also be able to see similar information about your social media friends who are connected with PaintingCircle.com. In addition, Painting Circle may personalize and otherwise enhance your experience based on your Facebook, instagram, twitter, and relevant social media information, such as your basic information, and “Likes.” and or similar. You, the user/ customer by arriving at our event(s) agrees to provide Painting Circle the full rights for painting Circle.com to upload your personal image/ photograph of the painting class party event to any of Painting Circle.com social media pages including, but limited to facebook, twitter, instagram, pinterest, google circle and including electronic mail (emails) for promotional, presentation, marketing purposes.

BY CONNECTING THE PAINTING CIRCLE ACCOUNT TO YOUR FACEBOOK AND RELATED SOCIAL MEDIA ACCOUNT(S), YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK, TWITTER, INSTAGRAM AND RELATED SOCIAL MEDIA WEBSITES. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR Painting Circle.com ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT PAINTING FOR ALL.COM TO HAVE YOUR INFORMATION REMOVED. We are continually making changes and improvements, 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.

As per of this terms and agreement, by using our website and or attendance, you have agree to allow us to publish your photos, activities, image, comments from such painting class party event to PaintingCircle.com website and PaintingCircle.com related social media websites for promotion of PaintingCircle.com You agree to allow PaintingCircle.com to post any photos, comments, submission from / of You prior, during and after an event you have attended for use on PaintingCircle.com website and in related social media platforms and or marketing and promotional purposes. This include the use of social media tools links which includes and not limited to such communication tools such as comments, tags, video for promotion of PaintingCircle.com.

Upon registering for a painting class party, contacting us through a contact form, or entering your email address on any form on the Painting Circle.com website, you consent that your email will be collected for the purposes of email promotions, including any notifications of upcoming events, or other related painting classes, parties.

Definitions

The term “Event” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend.
Payment Method – The term “Payment Method” means the method of your payment for the Ticket that you indicated during your purchase of the Ticket.
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.
The term “venue” shall mean the location where the Event will take place.
The term “Website” shall mean the website hosted by PaintingCircle.com (and all pages contained therein).
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.

RIGHT TO TERMINATE

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE Painting Circle.com 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 Painting Circle.COM 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.

Home Party, Home Event, Any party event held at customer's home or any other private location

Painting Circle and Customer hereby agree as follows:

a. Customer shall hold harmless and indemnify Painting Circle LLC from any and all liability, claims, actions and judgments, including costs of defense and attorney’s fees incurred in defending against same, arising from and related to Painting Circle LLC’s use of the Premises, including without limitation any claim arising out of damage to any and all property of Customer. Painting Circle LLC’s actions shall include the acts of Painting Circle LLC’s employees, agents, members, managers, officers, directors and affiliates, including Painting Circle LLC, LLC, any of their employees, agents, members, managers, officers, directors and affiliates (collectively, “Painting Circle LLC Affiliates”).

b. Painting Circle LLC shall be entitled, within its reasonable discretion, to settle any and all claims, and in such event, Customer shall indemnify and hold harmless Painting Circle LLC for any such claims paid, including Painting Circle LLC’s reasonable attorney fees incurred resulting from any such claim.

c. In the event either party files suit in a court of law to interpret or enforce the terms of this Agreement, the party prevailing in such action shall be entitled, in addition to any legal fees incurred in defending against any third party claim, to its reasonable legal fees and costs incurred in such actions to interpret or enforce the terms of this Agreement.

3. Customer hereby states and acknowledges that Customer is the legal owner of the Premises and agrees to indemnify Painting Circle LLC and Painting Circle LLC Affiliates in the event any claim, action and judgment, including costs of defense and attorney’s fees incurred in defending against same, arising out of this Agreement is brought against Painting Circle LLC and Painting Circle LLC Affiliates by any other person, natural or legal, claiming to own the Premises or any interest therein.

4. This Agreement shall be governed by the laws of the State of New York.

5. No provision of this Agreement shall be amended, modified or changed without the prior written agreement of both parties.

6. If any one or more of the provisions of this Agreement shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall be stricken from this Agreement and the remaining provisions hereof shall be read and construed as if such invalidity, illegality or unenforceability had never been included herein. The validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the balance of this Agreement shall remain in full force and effect.

7. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by any party. Failure to enforce any provision of this Agreement shall not be deemed a waiver of the right to do so at any time thereafter and shall not operate or be construed as a waiver of the right to enforce such provision at a later date. Customer / client agrees to hold Painting Circle LLC harmless of any and all incurred charges relating to any situations that may be causes due for any reasons. Customer / Client fully agrees Painting Circle LLC maximum financial liability to customer or client or entity including third party is limited to the amount paid by customer or client for such event or party.

PRIVACY AND COMMUNICATIONS PREFERENCES

Any personally identifying information submitted through the Painting Circle.com service is subject to our Privacy Policy, the terms of which are incorporated herein.

By using the Painting Circle.com service, you consent to receiving electronic communications from Painting Circle.com. 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 Painting Circle.com and you receive them as part of the Painting Circle.com 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.

CANCELLATION

You may cancel your PaintingCircle.com ticket at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL OR UNUSED EVENT TICKETS OR CHANGES, SUBSTITUTION WITHOUT A 72 HOUR NOTICE PRIOR TO THE EVENT. WRITTEN NOTIFICATION SHOULD BE SENT TO WITH THE SUBJECT. We will make an attempt to give you a credit to attend a future Painting Circle painting class within 30 days of your cancellation based on availability of future paint classes that you would like to attend.

Participant must notify Painting Circle via email to give prior notice of cancellation or reschedule. If Participant fails to show at our paint class and did not notify us of his/her planned absence within 72 hours, participant forfeits his/her admission and all refunds and transfers. Painting Circle can make exceptions to this Rule at its discretion.

You agree that in case of any damage to You, our sole liability will be equal to the price of the painting class ticket that you purchased.

VENUE

You may encounter third-party services, SUCH AS FOOD AND DRINK, from the venues where you interact with the Painting Circle service. These third-party services are provided solely as a convenience to you, and Painting Circle.com is not responsible for and does not endorse the food, beverage or service provided. These TPS are provided solely as a convenience to you, and Painting Circle LLC 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 SERVICES ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY Painting Circle.com. Some of these third-party services may even use Painting Circle.com trademarks. Painting Circle.com 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 an third-party services may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if Painting Circle has not provided such information; and (ii) your USE OF AN third- party service IS AT YOUR OWN OPTION AND RISK, and you will hold Painting Circle.com harmless for the sharing of information relating to your Painting Circle.com 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 Painting Circle.com, unless otherwise indicated by PaintingCircle.com. Painting Circle.com DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF third-party services.

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. 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 Painting Circle LLC on the grounds that Paint Circle LLC drafted these Terms. Survival

Both your and Painting Circle's obligations in these Terms, which by their nature, have significance after the conclusion of the purchase of your Ticket and attendance at the Event, shall survive the termination or expiration of these Terms and the conclusion of the purchase of your Ticket and attendance at the Event. 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. Further Assurances

You agree that you shall, at the request of Painting Circle LLC, 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.

Force majeure



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

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.

Waiver of rights

The failure of Painting Circle LLC 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 Painting Circle LLC may at any time demand strict and complete performance of said terms, covenants and conditions.

Disclaimers of Warranties and Limitations on Liability

THE PaintingCircle.com SERVICE, INCLUDING OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES ASSOCIATED WITH THE PaintingCircle.com 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 PaintingCircle.com SERVICE, OUR WEBSITE AND USER EXPERIENCE, AND ALL CONTENT ASSOCIATED THEREWITH. PaintingCircle.com DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Painting Circle.COM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Painting Circle MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Painting Circle.COM SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. Painting Circle.COM SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIRD-PARTY SERVICES, Painting Circle.COM PAINTINGS, AND Painting Circle.COM 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 PaintingCircle.com service or on the PaintingCircle.com website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the PaintingCircle.com service and/or website or user interfaces, (iv) delivery and or display of any content contained on the PaintingCircle.com website, or otherwise through the PaintingCircle.com service; and (vii) any losses or damages arising from the use of the paint or equipment provided at the PaintingCircle.com paint class or otherwise through the PaintingCircle.com service itself, including any losses or damages arising from the PaintingCircle.com 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 PaintingCircle.com 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 PaintingCircle.com 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 PaintingCircle.com.

IN NO EVENT SHALL PaintingCircle.com, 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 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 Painting Circle.COM SERVICE, OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE Painting Circle 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 Painting Circle.COM 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 MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. 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, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, 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. PaintingCircle.com MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. It is Your responsibility to take care of your property during and after our event. We are not responsible for any lost or stolen property, or any property you may have left behind at any of our events. We will make our best effort to help you search/or report any stolen or lost property, or any property left behind, so as long as we have been notified of the problem in a reasonable and timely manner.

INTELLECTUAL PROPERTY

TRADEMARKS

Painting Circle.com, Painting Circle is a trademark of Painting Circle LLC. The Painting Circle logo, Painting Circle, are trademarks or service marks of Painting Circle.com / Professional Events Management LLC. The PaintingCircle.com website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Painting Circle LLC. The trademarks, service marks and trade dress of Painting Circle.com may not be used or reproduced without prior written approval from PaintingCircle.com and may not be used in connection with any product or service that is not affiliated with Painting Circle.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of PaintingCircle.com, or in any manner that disparages or discredits Painting Circle.com. Other trademarks that appear on the PaintingCircle.com website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PaintingCircle.com. Any images of persons or personalities contained on the PaintingCircle.com website are not an indication or endorsement of PaintingCircle.com or any particular product or our service unless otherwise indicated.

SERVICE CONTENT

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 PaintingCircle.com 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 PaintingCircle.com service are those of the respective authors or producers and not of PaintingCircle.com, or its shareholders, directors, officers, or employees. Under no circumstances shall PaintingCircle.com, 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 PaintingCircle.com service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the PaintingCircle.com service.

USE OF INFORMATION SUBMITTED

PaintingCircle.com 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 PaintingCircle.com service, including the PaintingCircle.com 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 PaintingCircle.com 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 PaintingCircle.com 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 PaintingCircle.com. 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 PaintingCircle.com 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.

Defense and indemnity

You agree to defend, indemnify, and hold Painting Circle LLC 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 Painting Circle that are related to such circumstances.

ARBITRATION AGREEMENT

You and PaintingCircle.com agree that any dispute, claim or controversy arising out of or relating in any way to the PaintingCircle.com 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 PaintingCircle.com 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 PaintingCircle.com membership. If you elect to seek arbitration, you must first send to PaintingCircle.com, by certified mail, a written Notice of your claim (“Notice”). Unless both you and PaintingCircle.com 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.