Acceptance of Terms of Use

These Terms of Use govern your use of the Paint Nite service, including all features and our website and user experience, and all content associated therewith (the “Paint Nite service” or “service”). By using, visiting, or browsing the Paint Nite 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 Nite service, including our website.

These Terms of Use govern your use of the Paint Nite service and you should read them carefully. The Paint Nite service is provided by Paint Nite, LLC.

These Terms of Use provide that all disputes between you and Paint Nite 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 Nite.

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 Nite experience.

Changes to Terms of Use

Paint Nite 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.

How the Paint Nite Service Works

Paint Nite is an entertainment service providing its customers with an evening of painting instruction at local eating and drinking establishments.

We reserve the right in our sole and absolute discretion to make changes 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.

Availability. The availability of Paint Nite 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 Nite 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 patently absurd.

Start Time: Paint Nite will make every effort to begin the instruction at the designated start time and complete the instruction under 2 hours, however, the time it takes to begin and complete the instruction will vary based on a number of factors.

Capacity Limitations: You may not be able to attend a Paint Nite 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.

Paint Nite paintings: Paint Nite may change what paintings will be painted on a particular night and may change without notice.

Paint Nite paintings are developed by, and for, Paint Nite. You may not copy or reproduce the paintings or any portion thereof. Any unauthorized use of the paintings are strictly prohibited.

Privacy and Communications Preferences

Any personally identifying information submitted through the Paint Nite 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 Nite may send you newsletters about new Paint Nite 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@paintnite.com and ask to be removed from future correspondence.

By using the Paint Nite service, you consent to receiving electronic communications from Paint Nite. 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 Nite and you receive them as part of the Paint Nite 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.

Promotions

Paint Nite promotions may not be combined with any other offers.

You may cancel your evening with Paint Nite at anytime; however, there are no refunds or credits for un-used 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.

Billing

By purchasing a Paint Nite 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 Nite 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 of Use, “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 amount billed each 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.

Cancellation

You may cancel your Paint Nite ticket at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL OR UNUSED EVENT TICKETS WITHOUT A 48 HOUR NOTICE PRIOR TO THE EVENT. WRITTEN NOTIFICATION SHOULD BE SENT TO INFO@PAINTNITE.COM WITH THE SUBJECT ‚ÄúCancellation‚Ä?. We will make an attempt to give you a credit to attend a future Paint Nite event within 30 days of your cancellation based on availability of future events that you would like to attend.

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 PAINT NITE 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 NITE 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.

Social Media

You can connect Paint Nite 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 Nite 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 Nite) that you're a Paint Nite 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 Nite service. You'll also be able to see similar information about your Facebook friends who are connected with Paint Nite. In addition, Paint Nite 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 Nite experience.

BY CONNECTING THE PAINT NITE 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 NITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR PAINT NITE ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT PAINT NITE 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.

Customer Reviews

We encourage you to post reviews of Paint Nite events through the Paint Nite service. We reserve the right to promote, reject, 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 Paint Nite’s creative personnel; misleading

information regarding the origin of the content; or a discussion of Paint Nite 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 NITE SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE REVIEW AN EVENT OR THE PAINT NITE SERVICE.

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

Age Restriction

The Paint Nite service is not intended to be used by children. The Paint Nite service is for Adults 21 years and older.

Venue

You may encounter third-party services, SUCH AS FOOD AND DRINK, from the venues where you interact with the Paint Nite service. These third-party services are provided solely as a convenience to you, and Paint Nite 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 NITE. Some of these third-party services may even use Paint Nite trademarks. Paint Nite 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 Paint Nite 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 Paint Nite harmless for the sharing of information relating to your Paint Nite 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 Nite, unless otherwise indicated by Paint Nite. PAINT NITE DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF third-party services.

Disclaimers of Warranties and Limitations on Liability

THE PAINT NITE SERVICE, INCLUDING OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES ASSOCIATED WITH THE PAINT NITE 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 NITE SERVICE, OUR WEBSITE AND USER EXPERIENCE, AND ALL CONTENT ASSOCIATED THEREWITH. PAINT NITE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PAINT NITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PAINT NITE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE PAINT NITE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. PAINT NITE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIRD-PARTY SERVIC ES, PAINT NITE PAINTINGS, AND PAINT NITE 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 Nite service or on the Paint Nite website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Paint Nite service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Paint Nite website, or otherwise through the Paint Nite service; and (vii) any losses or damages arising from the use of the paint or equipment provided at the Paint Nite event, or otherwise through the Paint Nite service itself, including any losses or damages arising from the Paint Nite service, website or equipment. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YORU 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 Nite 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 Nite 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 Nite.

IN NO EVENT SHALL PAINT NITE, 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 PAINT NITE SERVICE, OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PAINT NITE 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 NITE 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.

PAINT NITE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING PAINT NITE READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.

Intellectual Property

Trademarks

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

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

Use of Information Submitted

Paint Nite 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 Nite service, including the Paint Nite 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 Nite 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 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 Paint Nite 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 Nite. 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 Nite 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.

Service Testing

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.

Customer Service

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

Your Conduct in Accessing the Paint Nite Service

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

Limitations on Use

You must be 21 years of age or older to use the Paint Nite service.

Links and Pages

Some of the hyperlinks on the Paint Nite website may lead to other websites or other content that are not controlled by, or affiliated with, Paint Nite. In addition, other websites may link to the Paint Nite website or Paint Nite 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 Nite 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 Nite 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.

Promotions with Coupon Codes

Promotional codes may be redeemed on our website at www.Paint Nite.com. Promotional code 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.. Paint Nite will bill your Payment Method automatically.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Massachusetts, U.S.A. without regard to conflict of laws 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 enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Arbitration Agreement

You and Paint Nite agree that any dispute, claim or controversy arising out of or relating in any way to the Paint Nite 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 Nite 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 Paint Nite membership.

If you elect to seek arbitration, you must first send to Paint Nite, by certified mail, a written Notice of your claim (“Notice”). The Notice to Paint Nite should be addressed to: General Counsel, Paint Nite, Inc., 346 Congress Street, Unit 516, Boston, MA 02210 (”Notice Address YOU AND PAINT NITE 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 Nite 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.

PAINT NITE. NO EXPERIENCE REQUIRED.

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