Terms and Conditions

TERMS AND CONDITIONS

Acceptance of Terms of Use

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

These Terms of Use govern your use of the Pub Painters service and you should read them carefully. The Pub Painters service is provided by Nigel Holland Entertainment.

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 Pub Painters experience.

Changes to Terms of Use
Pub Painters 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 Pub Painters Service Works

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

We reserve the right to make changes 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 Pub Painters events at particular venues will change from time to time and could potentially change on the day of the event.

Materials Provided: The quality of the paint, canvas, brushes, and easels, 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: Pub Painters makes no representations or warranties about the quality of your painting or individual experience. Every painting will be unique and it is not to be expected that your painting will be a facsimile of the painting depicted on the website.

Start Time: Pub Painters will make every effort to begin the instruction at the designated start time and complete the instruction under 3 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 Pub Painters 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.

Pub Painters Paintings: Pub Painters may change what paintings will be painted on a particular night and may change without notice, however every attempt will be made to ensure this does not happen.

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

Privacy and Communications Preferences

Any personally identifying information submitted through the Pub Painters 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, Pub Painters may send you newsletters about new Pub Painters 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 tina@pubpainters.com and ask to be removed from future correspondence.

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

Billing

By purchasing a Pub Painters 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 the Payment Method used 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 Pub Painters 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 Tina@pubpainters.com WITH THE SUBJECT “Cancellation”. We will make an attempt to give you a credit to attend a future Pub Painters 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 PUB PAINTERS 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 PUB PAINTERS AND RELATED THIRD-PARTY. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

We do not warrantee 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 Pub Painters 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 Pub Painters 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 Pub Painters) that you’re a Pub Painters 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 Pub Painters service. You’ll also be able to see similar information about your Facebook friends who are connected with Pub Painters. In addition, Pub Painters 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.

However we hope that you find the Facebook feature to be a great way to share information about your Pub Painters experience.

BY CONNECTING THE PUB PAINTERS 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 PUB PAINTERS). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR PUB PAINTERS ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT PUB PAINTERS 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 Pub Painters events through the Pub Painters 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 Pub Painters’s creative personnel; misleading
information regarding the origin of the content; or a discussion of Pub Painters 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 PUB PAINTERS SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE REVIEW AN EVENT ON THE PUB PAINTERS 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 Pub Painters service is not intended to be used by children. The Pub Painters 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 Pub Painters service. These third-party services are provided solely as a convenience to you, and Pub Painters 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 PUB PAINTERS. Some of these third-party services may even use Pub Painters trademarks. Pub Painters 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. It is at your 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 Pub Painters 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 Pub Painters harmless for the sharing of information relating to your Pub Painters 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 Pub Painters, unless otherwise indicated by Pub Painters. PUB PAINTERS DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF third-party services.

Disclaimers of Warranties and Limitations on Liability

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

IN NO EVENT SHALL PUB PAINTERS, 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 PUB PAINTERS SERVICE, OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PUB PAINTERS SERVICE, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. 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.

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 Pub Painters service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Pub Painters service are those of the respective authors or producers and not of Pub Painters, or its shareholders, directors, officers, or employees. Under no circumstances shall Pub Painters, 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 Pub Painters service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Pub Painters service.

Use of Information Submitted

Pub Painters 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 Pub Painters service, including the Pub Painters 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 Pub Painters 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 Pub Painters 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 Pub Painters. 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 Pub Painters 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.

Customer Service

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

Your Conduct in Accessing the Pub Painters Service

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

Limitations on Use

You must be 21 years of age or older to use the Pub Painters service.

 

Links and Pages

Some of the hyperlinks on the Pub Painters website may lead to other websites or other content that are not controlled by, or affiliated with, Pub Painters. In addition, other websites may link to the Pub Painters website or Pub Painters 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. Pub Painters 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 Pub Painters 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.PubPainters.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. Pub Painters 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 Virginia, U.S.A. without regard to conflict of legal 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

DISPUTE RESOLUTION OR THE ARBITRATION CLAUSE

In the event of a dispute, you and Pub Painters agree to submit to arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action and shall be finally, and exclusively, settled by the arbitrator.

The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association. (AAA) in force at that time. The Arbitration shall be venued in Richmond, VA. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Pub Painters. In any arbitration, Pub Painters will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.

The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The arbitrator’s award is final and binding on all parties.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Pub Painters WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration process is simpler and more limited than ruled applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Pub Painters services you consent to these restrictions.