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These Terms are also a resource for you to get a deeper understanding of how the Eat Drink Paint Service works, including the kinds of data collected, how bills are processed, how Eat Drink Paint interacts with you and other useful details about the Eat Drink Paint Service. Eat Drink Paint hopes you enjoy your Eat Drink Paint experience.
The term “Event” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend.
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 Eat Drink Paint: WWW.EATDRINKPAINT.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.
The term “Work of Art” or “Works of Art” shall include any painting, drawing, sketch, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the Eat Drink Paint Library.
HOW THE EAT DRINK PAINT SERVICE WORKS
Eat Drink Paint is an entertainment service that will provide an evening of painting instruction at the venue.
Eat Drink Paint reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how Eat Drink Paint operates the Service. Any description of how the Service works should not be considered a representation or obligation with respect to how the Service will always work, as Eat Drink Paint is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.
Availability. The availability of Eat Drink Paint events at particular venues will change from time to time and could potentially change on the day of the Event. The availability of a specific artist/instructor at the Event may change at Eat Drink Paint’s sole discretion. While Eat Drink Paint will endeavor to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at Eat Drink Paint’s sole discretion without notice to you.
Materials Provided. Eat Drink Paint will provide all paints, canvasses, brushes, easels, and aprons (“Equipment”) for the Event. While Eat Drink Paint maintains quality control over the materials it uses, the quality of the paint, canvasses, brushes, easels, aprons and artist may vary from event to event, and venue to venue, and may be affected by a variety of factors.
End result. Eat Drink Paint makes no representations or warranties about the quality of any painting or individual experience at the Event. Every painting will be unique, and the expectation that your painting will be a facsimile of the painting depicted on the Website is patently absurd.
Start Time. Eat Drink Paint will make every effort to begin the instruction at the designated start time and complete the instruction in under two hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and Eat Drink Paint makes no representation as to the exact amount of instruction time at the Event.
Capacity Limitations. You may not be able to attend the Event due to capacity limitations of the venue where the Event takes place. Eat Drink Paint recommends that you arrive at the venue at least 30 minutes prior to the start of the Event.
Eat Drink Paint Paintings. Eat Drink Paint may change which painting will be painted at the Event and may make such change without notice to you.
Eat Drink Paint paintings are developed by, and for, Eat Drink Paint. With the exception of your painting at the Event, you may not copy or reproduce Eat Drink Paint paintings or any portion thereof, and you may not sell, lease or distribute any reproduction of any Eat Drink Paint painting, including the painting that you paint at your Event. Any unauthorized uses of Eat Drink Paint paintings or the Website are strictly prohibited.
By using the Eat Drink Paint Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Eat Drink Paint. For example, Eat Drink Paint may send you newsletters about new Eat Drink Paint 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 email@example.com and ask to be removed from such future correspondence. You may also contact Eat Drink Paint by regular mail at 4010 Paddock Road, Cincinnati, Ohio 45229.
In addition, by utilizing the Eat Drink Paint Service you expressly and/or impliedly consent to receiving electronic communications from Eat Drink Paint relative to your purchase, including notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the Eat Drink Paint Service. These communications are part of your relationship with Eat Drink Paint and you receive them as part of the Eat Drink Paint Service. You agree that any notice, agreements, disclosure or other communications that Eat Drink Paint sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Eat Drink Paint will not sell your email address or phone number to any third party.
Eat Drink Paint promotions may not be combined with any other offers or your Ticket.
You may cancel your evening with Eat Drink Paint at any time. However, there are no refunds or credits for unused promotional tickets.
Eat Drink Paint 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. Eat Drink Paint is not responsible for the products and services provided by such third parties. Eat Drink Paint reserves the right to modify, terminate or otherwise amend Eat Drink Paint offered promotional tickets.
By purchasing a Ticket, you are expressly agreeing that Eat Drink Paint is authorized to charge you a fee at the then current rate for such Ticket, and any other charges you may incur in connection with your use of the Eat Drink Paint Service to the Payment Method you provided during your Ticket purchase. Please note that prices and charges are subject to change with notice.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The Ticket fee will be billed on the day you purchase the Ticket and not on the day you utilize the Ticket.
You acknowledge that the amount billed for each Ticket you purchase may vary from day to day for reasons that may include differing amounts due to promotional offers, and you authorize Eat Drink Paint to charge your Payment Method for such varying amounts.
Ticket fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED TICKETS. At any time, and for any reason, Eat Drink Paint may provide a discount, or other consideration (“credits”) to some or all of Eat Drink Paint’s customers. The amount and form of such credits, and the decision to provide them, are at Eat Drink Paint’s 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 Eat Drink Paint to provide credits in the future, under any circumstance. Eat Drink Paint may change the fees and charges in effect, or add new fees and charges from time to time, but Eat Drink Paint will give you advance notice of these changes by email.
Eat Drink Paint will bill the Ticket fee to the Payment Method you provide to Eat Drink Paint during your purchase of the Ticket.
RIGHT TO TERMINATE
Eat Drink Paint reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.
Eat Drink Paint does not warrant that any of the events or materials used in connection with the Service, nor does Eat Drink Paint warrant the operation of the Service.
You can connect Eat Drink Paint to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your account with any Social Media Accounts, you will be able to take advantage of various social features Eat Drink Paint may already have or will be creating, as part of the Service, as well as features available on such Social Media Accounts. These features will be designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook will be able to see (on Facebook and on Eat Drink Paint) that you are a Eat Drink Paint customer as well as what you have painted, eaten or had to drink, with whom you attended an event, and other information about your use of the Eat Drink Paint Service. You will also be able to see similar information about your Facebook friends who are connected with Eat Drink Paint. In addition, Eat Drink Paint may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, and “Likes.” Please pay careful attention to your Facebook Connect settings in “Your Account” as well as your Privacy Settings in your Social Media Accounts which will impact this feature and may give you some control over the information that is shared and with whom it is shared.
BY CONNECTING THE EAT DRINK PAINT ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR EAT DRINK PAINT ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT EAT DRINK PAINT AT INFO@EATDRINKPAINT.COM TO HAVE YOUR INFORMATION REMOVED. Eat Drink Paint and social media companies are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms.
Eat Drink Paint encourages you to post reviews of Eat Drink Paint events through the Service. Eat Drink Paint reserves the right to promote, reject, remove or edit such content at any time 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 Eat Drink Paint or its personnel, misleading information regarding the origin of the content; or a discussion of Eat Drink Paint policies or services. You understand and agree that Eat Drink Paint may, but is not obligated to, review the content and may delete or remove it (without notice) in Eat Drink Paint’s sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
WHEN YOU HAVE SUBMITTED A REVIEW, EAT DRINK PAINT 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 EAT DRINK PAINT SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW AN EVENT FEATURE.
The Review an Event feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
The Eat Drink Paint Service shall not be used by children unless otherwise specified. The Eat Drink Paint Service is only for adults who are of the legal drinking age (or older) in the venue where your Event is being held. Eat Drink Paint is not responsible in any manner if persons under the legal drinking age where the Event is being held attend the Event. In the event Eat Drink Paint or its licensee discovers that an Event attendee is under the legal drinking age in the venue where your Event is held, Eat Drink Paint or its licensee will refuse to offer instruction to any underage individual, regardless of whether that individual has a Ticket to the Event. Eat Drink Paint has the right to request that you present a valid form of identification demonstrating your age, in which circumstance you agree that you will comply with such request.
At the Event, you may encounter third-party services (“TPS”), including, but not limited to food and beverage service from the venue where your Event will take place. These TPS are provided solely as a convenience to you, and Eat Drink Paint is not responsible for and does not endorse the TPS provided by the venue where your Event will take place. You understand that you are responsible for all additional charges you incur at your Event, including, but not limited to food and beverage charges.
SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY EAT DRINK PAINT. Some of these TPS may even use Eat Drink Paint trademarks in connection with your Event. Eat Drink Paint is not responsible for and does not endorse the content of such TPS. You will need to make your own independent judgment regarding your interaction with these TPS. By using such TPS, you acknowledge and agree to the following: (i) your use of any TPS may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if Eat Drink Paint has not provided such information, and (ii) your use of any TPS IS AT YOUR OWN OPTION AND RISK. You agree to indemnify and hold Eat Drink Paint harmless, as set forth in Section XXXIII hereof, for the sharing of information or the receipt of TPS relating to your Event that results from your use of any TPS. You further agree to indemnify and hold Eat Drink Paint harmless, as set forth in Section XXXIII hereof, from all claims that in any way involve or relate to the provision of TPS. If you have any questions, concerns, complaints, or claims about a particular TPS, you should contact the support or contact personnel of the particular TPS provider and not Eat Drink Paint, unless otherwise indicated by Eat Drink Paint. EAT DRINK PAINT DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify Eat Drink Paint, as set forth in Section XXXIII hereof, for any and all claims made as the result of the provision of TPS at your Event.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILTY
THE EAT DRINK PAINT SERVICE, EAT DRINK PAINT’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE EAT DRINK PAINT SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EAT DRINK PAINT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE EAT DRINK PAINT SERVICE, EAT DRINK PAINT’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE EAT DRINK PAINT SERVICE, AND YOUR EVENT. EAT DRINK PAINT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE EAT DRINK PAINT SERVICE, EAT DRINK PAINT’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE EAT DRINK PAINT SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT EAT DRINK PAINT MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE EAT DRINK PAINT SERVICE AND YOUR EVENT, INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. EAT DRINK PAINT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, EAT DRINK PAINT PAINTINGS, AND EQUIPMENT. Without limiting the foregoing, Eat Drink Paint assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of Eat Drink Paint): (i) errors or omissions in the content delivered by the Eat Drink Paint Service or on the Eat Drink Paint Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Eat Drink Paint Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Eat Drink Paint Website, or otherwise through the Eat Drink Paint Service; and (v) any losses or damages arising as a result of or related to your Event, the provision of TPS at your Event, the consequences of the provision of TPS at your Event, or otherwise through the Eat Drink Paint Service itself, including any losses or damages arising from the Eat Drink Paint Service, Website, Equipment, your Event, or TPS. EAT DRINK PAINT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PAINTING. In addition, Eat Drink Paint does not represent or warrant that the information accessible via the Website is accurate, complete or current. Eat Drink Paint does not make any representations with respect to the content contained on events from the Eat Drink Paint Service or the descriptions of any event content contained on Eat Drink Paint’s Website and user interfaces. Eat Drink Paint does not represent or guarantee that your use of the Eat Drink Paint Service will be free from interruption, and Eat Drink Paint disclaims any liability with respect thereto. No oral or written information or advice given by Eat Drink Paint or Eat Drink Paint’s authorized representative shall create a warranty or otherwise constitute a representation binding upon Eat Drink Paint.
IN NO EVENT SHALL EAT DRINK PAINT, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS, SUBSIDIARIES, PARENT COMPANIES, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EAT DRINK PAINT SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE EAT DRINK PAINT SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL EAT DRINK PAINT’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE EAT DRINK PAINT SERVICE, EAT DRINK PAINT’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE EAT DRINK PAINT SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.
Eat Drink Paint is a registered trademark of WillWay Enterprises LTD (WillWay Management Corporation). The Eat Drink Paint logo and Eatdrinkpaint.com are trademarks or service marks of Eat Drink Paint. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Eat Drink Paint. The trademarks, service marks and trade dress of Eat Drink Paint may not be used or reproduced without prior written approval from Eat Drink Paint and may not be used in connection with any product or service that is not affiliated with Eat Drink Paint, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Eat Drink Paint, or in any manner that disparages or discredits Eat Drink Paint. Other trademarks that appear on the Website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eat Drink Paint. Any images of persons or personalities contained on the Website are not an indication or endorsement of Eat Drink Paint or any particular product or our service unless otherwise indicated.
You agree that Eat Drink Paint is and shall remain the sole owner of all rights, title, and interest in and to any and all Works of Art, and that you shall only have the limited right to utilize a Work of Art for your Event and/or the promotion of an Event, and for no other purpose. At the conclusion of your Event, you may take your own painting with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image you painted (or any reproduction thereof).
You acknowledge that you do not have, acquire or retain any rights to any such Works of Art after the end of your Event (or after repeat Events utilizing the same Work of Art).
You acknowledge that any photographs taken at your Event by Eat Drink Paint, any instructor, assistant, or Eat Drink Paint’s licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the artwork, the set-up of your Event, the participants or instructors or staff at your Event, you, or the equipment, materials, supplies or marketing materials related to Eat Drink Paint in any way shall become the property of Eat Drink Paint, may not be reproduced or utilized except as authorized by Eat Drink Paint, and that Eat Drink Paint is free to use all such materials at Eat Drink Paint’s sole and absolute discretion, including photo shopping and/or altering any portions of any such photographs.
ENTERTAINMENT AND SERVICE CONTENT
Eat Drink Paint provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information through the Service, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner Eat Drink Paint chooses in its sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by Eat Drink Paint on Social Media Accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Service are those of the respective authors or producers and not of Eat Drink Paint, or its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall Eat Drink Paint, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service.
USE OF INFORMATION SUBMITTED
Eat Drink Paint is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Eat Drink Paint (“Feedback”), including responses to questionnaires or through postings to the Eat Drink Paint Service, including the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Eat Drink Paint Service. Eat Drink Paint may also share your information with third parties for purposes of Eat Drink Paint’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Eat Drink Paint, or in responding to questionnaires, you grant Eat Drink Paint 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 Eat Drink Paint 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 Eat Drink Paint. 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 Eat Drink Paint, its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns regarding the use of such materials and ideas, even if materials or ideas are used that are substantially similar or identical to the material or idea you sent.
From time to time, Eat Drink Paint tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and Eat Drink Paint reserves 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 firstname.lastname@example.org.
YOUR CONDUCT WHEN ACCESSING THE EAT DRINK PAINT SERVICE
By accessing the Eat Drink Paint Service, including the Website, you agree to use the Eat Drink Paint Service, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You also agree not to interfere with the instructors, Event assistants, customers or anyone connected to any portion of the Eat Drink Paint Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Eat Drink Paint Service. You also agree not to impersonate any other person while using the Eat Drink Paint Service, conduct yourself in a vulgar or offensive manner while using the Eat Drink Paint Service, or use the Eat Drink Paint Service for any unlawful purpose.
LINKS AND PAGES
PROMOTIONS WITH TICKET CODES
Promotional codes may be redeemed on the Website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. A valid Payment Method will be required when you redeem the promotion code. Eat Drink Paint will bill your Payment Method automatically. Promotional codes may not be used in conjunction with your gift Ticket purchase.
You and Eat Drink Paint agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Eat Drink Paint Service, including the Website, user interfaces, these Terms, the Ticket you purchase, and the Event shall be determined by binding arbitration instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. You, including all Event attendees for whom or who actually utilize the Ticket purchased by you (“Event Attendees”), and Eat Drink Paint agree that Ohio Revised Code governs the interpretation and enforcement of this provision, and that you and Eat Drink Paint are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the conclusion of the Event.
If you elect to seek arbitration, you must first send to Eat Drink Paint, by certified mail, a written notice of such claim (“Notice”). The Notice to Eat Drink Paint must be addressed to: General Counsel, WillWay Enterprise LTD (WillWay Management Corporation) 4010 Paddock Road, Cincinnati, Ohio 45229. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated.
YOU, INCLUDING ALL EVENT ATTENDEES, AND EAT DRINK PAINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Eat Drink Paint agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
GOVERNING LAW AND VENUE
The Terms and the policies and procedures set forth on the Website and any and all disputes between you, including all Event Attendees, and Eat Drink Paint shall be governed in accordance with the laws of the State of Ohio, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.
You, including all Event Attendees, and Eat Drink Paint agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your purchase of your Ticket shall be arbitrated, as set forth in Section XXII hereof, solely and exclusively in the State of Ohio, Hamilton County, before either (i) JAMS arbitration service, (ii) the American Arbitration Association, or (iii) such other arbitrator as may be agreed to by you and Eat Drink Paint in writing.
This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Event.
In the event the agreement to arbitrate is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you and Eat Drink Paint agree that any action or proceeding involving any dispute arising out of or in connection with your Event, these Terms or the policies and procedures set forth on the Website shall be brought only in the State of Ohio, and you and Eat Drink Paint hereto irrevocably consent and submit to the exclusive jurisdiction within the State of Ohio in respect of any such proceeding before (i) the federal District Court for the District of Ohio, located in Cincinnati, Ohio or (ii) the Ohio Municipal Court, Hamilton County.
WAIVER OF RIGHTS
The failure of Eat Drink Paint 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 Eat Drink Paint may at any time demand strict and complete performance of said terms, covenants and conditions.
SIGNIFICANCE OF HEADINGS
Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted.
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 Eat Drink Paint on the grounds that Eat Drink Paint drafted these Terms.
Both your and Eat Drink Paint’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.
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.
You agree that you shall, at the request of Eat Drink Paint, 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.
Neither you nor Eat Drink Paint 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.
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.
DEFENSE AND INDEMNITY
You agree to defend, indemnify, and hold Eat Drink Paint 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 Eat Drink Paint that are related to such circumstances.