TERMS AND CONDITIONS (“TERMS”)

Last updated: September 16, 2015

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://creativecarafes.com website and the Creative Carafes mobile application (together, or individually, the “Service”) operated by Creative Carafes, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Definitions

As used herein and throughout this site:

1.1 The term “Venue” means the location where the Event will take place.

1.2 The term “Website” means the website or “Site” of https://creativecarafes.com and all pages contained within the website.

1.3 The term “Ticket” and/or “Tickets” means a revocable license sold to you on the Website.

1.4 The term “Art” or “Works of Art” means any painting, drawing, sketch, image, symbol, outline, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, to the Creative Carafes gallery.

1.5 The term “Supplies” means any item or tool used for Events. Supplies are limited to canvas, paint, brushes, easels, and aprons.

Creative Carafes is a multipurpose art platform created to cater to art lovers seeking to brush up on their artistic skills or to seek intermediate painting experiences and classes at the Venue.

Creative Carafes reserves the right in its sole and absolute discretion to make changes at any time and without notice to any of its Products and Services. Any description or representation of how the Service works should not be considered a complete representation or obligation as to how the Service will always function, as Creative Carafes is continuously making adjustments to Services and Products in order to excel the overall art experience. Any and all adjustments to the Products and Services may not be completely captured within these Terms.

Materials

Creative Carafes will provide all paint “Supplies” (subject to certain quantities and colors), brushes, easels, canvasses, and aprons for the Event. Although Creative Carafes provides aprons for users, Creative Carafes recommends wear clothing that users do not mind getting paint on. Creative Carafes is not responsible for damages to property, soiled, painted, or ruined clothing and belongings. Users are reminded to keep their belongings in secured areas during Events. Creative Carafes is not responsible for lost or stolen items. Supplies are subject to availability and limited quantities. Supplies may also vary from Event to Event, and from Venue to Venue. Creative Carafes is not responsible for anything left behind including artwork.

Results

Creative Carafes makes no representations or warranties on the quality of your painting, completed product, or experience at the Venue.

Start Time

Creative Carafes will try and make every effort to begin art sessions at designated periods and will try to complete sessions within two (2) hours. As sessions can vary due to various factors, Creative Carafe makes no representation as to precise timings and schedules of Events.

Capacity

Customers are advised to purchase Events tickets as early as possible, as spaces are limited and not guaranteed. Customers are also advised to attend Events 30 minute prior to scheduled sessions.

Creative Carafes Paintings and Finished Products

Creative Carafes makes no representation or warranties on the quality or end result of your painting, as each experience is unique. Creative Carafes makes no warranties on the painting that will be painted at the Event and may change the painting without prior notice.

Electronic Transactions

You agree to conduct transactions, including, but not limited to the purchase of your Event Ticket and the acknowledgement of these Terms and all other transactions, by electronic means.

Venue

At the Event, third-party services (“TPS”) may be used for catering. These TPS are provided as a convenience for Users, and Creative Carafes is not responsible for the products and services of the TPS nor does Creative Carafes endorse any TPS provided by the Venue where the Event takes place. Users are responsible for all additional charges that may be incurred at Events, including, but not limited to food, beverage, and entertainment charges.

TPS AT EVENTS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCXIATED WITH, OR SPONSORED BY CREATIVE CARAFES. Some of these TPS may use Creative Carafes trademarks in connection with your Event. Creative Carafes is not responsible for and does not endorse the content of such TPS. Users are informed to make their own independent judgments regarding interactions with these TPS. By using such TPS, Users acknowledge and agree to the following: (i) The use of any TPS may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if Creative Carafes has not provided such informration, and (ii) your use of any TPS is at your own volition and risk. You agree to indemnify and hold Creative Carafes harmless for the sharing of information or the receipt of the TPS relating to your Event that result from your use of any TPS. You further agree to indemnify and hold Creative Carafes harmless from any and all claims involving or relating to the provision of TPS. Should you have any questions, concerns, complaints, or claims in regards to a particular TPS, you should contact support services of the particular TPS. Creative CARAFES DISCLAIMS ALL LIABILITY FROM YOUR — USE OF TPS. You agree to defend and indemnify Creative Carafes for any and all claims made as a result of the provision(s) of TPS at your Event.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

The availability of Creative Carafes Events and Services may change from time to time and could potentially change on the day that an Event is scheduled. The availability of a specific artist or instructor may change at Creative Carafes’ discretion, and a specific artist or instructor is not guaranteed. Creative Carafes will make every effort to fulfil the request for the artist or instructor that you have signed up for, but Services from such artists or instructors is not guaranteed.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Creative Carafes, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Creative Carafes, LLC.

Unauthorized Usage

Creative Carafes maintains all rights over its contents, paintings, and any other intellectual property. With the exception of your painting created at the Event, you may not copy (in whole or in part) or reproduce Creative Carafe paintings for any reason, and you may not sell, lease, or distribute Creative Carafe paintings. Any unauthorized usage of Creative Carafes paintings is strictly prohibited.

Social Media Accounts

Creative Carafes encourages linking your account to other Social Media platforms (Facebook. Twitter, Instagram, P-interest, etc) in order to take advantage of various deals and discounts that Creative Carafes offers. Linking your account allows you to share posts, pictures, and ideas with other social media users. You will also be able to view information about your Facebook friends who choose to share their content with other users. Creative Carafes may be able to personalize and enhance your Facebook experience by updating your posts and accessing information which you share with Creative Carafes. Such information will only be shared with your express consent. You are able to change your Facebook settings at any time under “Your Account” and the Privacy Settings tab located on your Facebook homepage.

BY USING CREATIVE CARAFES’ SERVICES, YOU AGREE TO THE COLLECTION AND SHARING OF CERTAIN INFORMATION. IF YOU DO NOT WANT TO SHARE INFORMATION ON ANY SOCIAL MEDIA PLATFORM AND WISH TO HAVE SUCH INFORMATION PRIVATELY STORED AND ACCESSED, PLEASE CONTACT SUPPORT@CREATIVE CARAFES.COM TO HAVE YOUR INFORMATION REMOVED.

Customer Reviews

Creative Carafes users are encouraged to share their experiences in the Creative Carafes forum- as this is a great way for Creative Carafes to improve our services! Creative Carafes’ users can contribute different types of content in their reviews, including photos, videos, and tips. Inappropriate content such as threats, harassment, lewdness, hate speech, and any other forms of bigotry will not be tolerated. Creative Carafes’ Forum is a respectful place for users to share their reviews and we request that users respect the privacy of others by keeping all personal information private (ie: no publication of anyone’s private information including full names, addresses, telephone numbers, emails, photos, in your reviews). Creative Carafes reserves the right to remove content from the Forum at any time. Please note that your reviews may be publicly accessible through Creative Carafes as well as public search engines.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Creative Carafes, LLC.

Creative Carafes, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Creative Carafes, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Third-Party Content & Service Content

Creative Carafes reserves the right to display and promote any content and information on the Site through the Service, including the Website and other platforms, such as Facebook. Creative Carafes reserves the right for any third-party organizations to display information on the Creative Carafes Site and through other social media platforms. Creative Carafes 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 Facebook, to you and others in any manner Creative Carafes 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 Creative Carafes on Social Media Accounts. Any opinions, advice, statements, services, offers, discounts, and any other information that constitutes as part of Creative Carafes’ content may be made available by third-party services and such opinions, advice, and statements are those of the respective authors and not necessarily those of Creative Carafe’s members, employees, directors, attorneys, or affiliates. Under no circumstances shall Creative Carafes, 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.

Use of Information Submitted

Creative Carafes is free to use any information (including comments, information, ideas, reviews, concepts, material) contained in any communication you may send to Creative Carafes (including and notwithstanding electronic and telephone communication), including responses to questionnaires, and through the Site, without compensation, acknowledgement, or payment to you for any reason whatsoever including but not limited to, developing, manufacturing and marketing any products. Creative Carafes may also share your information with third-parties for the purposes of improving general services. By posting or corresponding with Creative Carafes in any way, you grant Creative Carafes 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.

User Conduct

By accessing Creative Carafes, including the Site, you agree to use Creative Carafes services and features, including all functionalities included within the site in accordance with all applicable laws, rules and regulations, public performance limitations, and any other restrictions. You agree to abide by all rules, guidelines, and policies governing the site, including conducting yourself in a non-vulgar or non-offensive manner. You also agree not to impersonate any other individual or make false representations of your identity or person. You agree not to use Creative Carafes for any unlawful purpose.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Creative Carafes, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Creative Carafes, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Creative Carafes, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Creative Carafes LLC and their partnered venues are not responsible for lost or stolen property and or damaged clothing or belongings

Creative Carafes LLC Refund Policy if as follows

Creative Carafes LLC does not refund any events. Creative Carafes LLC will rebook your event with 48 hours’ notice. After 48 hours’ notice we will rebook for a small fee.

For private events your deposit is non-refundable without notice of cancellation within 7 business days

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@creativecarafes.com.