Welcome to ThePaintSesh.com (the “Site). The Paint Sesh (collectively “The Paint Sesh, “we”, or “us””) provide their services to you subject to the following terms & conditions. (“Terms and Conditions” or “Agreement” )Please read the following terms and conditions carefully before using our Site. If you do not agree to these terms and conditions, please do not use our site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms and Conditions. By agreeing with our term and conditions you are also agreeing to our Cancellation Policy we have in place for both our public and private events.
In no event should The Paint Sesh or any of its managers, members, agents, sesh instructors, sesh assistants, 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 advised of the possibility of damage, and on any theory of liability, arising out of registering for and/or attending The Paint Sesh.
I grant to The Paint Sesh, their representatives, and employees the right to take photographs of me, my property, and if applicable my minor children, while attending a painting class event. I authorize The Paint Sesh, their assignees, and transferees to copyright, use and publish the same in print and/or electronically. I agree that The Paint Sesh may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
When you visit ThePaintSesh.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Children Under the Age of 18
The Paint Sesh does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at ThePaintSesh.com only with involvement of a parent or guardian. The Paint Sesh and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) The name, address, telephone number and email address (if available) of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Paint Sesh or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of The Paint Sesh and protected by U.S. and international copyright laws. All software used on this Site is the property of The Paint Sesh or its software suppliers and protected by United States and international copyright laws. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Paint Sesh. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Paint Sesh and our affiliates without express written consent. You may not use any meta tags or any other “hiddentext” utilizing The Paint Sesh’s name or trademarks without the express written consent of The Paint Sesh.
You agree to indemnify, defend, and hold harmless The Paint Sesh, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms & Conditions, any law or the rights of any third party.
Third Party Links
The Paint Sesh may link to third-party sites. The Paint Sesh has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.
Risk of Loss
All items purchased from The Paint Sesh are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Paint Sesh attempts to be as accurate as possible. However, The Paint Sesh does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by The Paint Sesh itself is not as described, your sole remedy is to return it in a new, unused condition.
We at The Paint Sesh are pleased to hear from our loyal fans and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow The Paint Sesh to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
Idea Submission Policy If, through participation in certain activities, you send any material (e.g., postings to message boards, contests, etc.) or, despite our policy, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY The Paint Sesh ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Paint Sesh MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The Paint Sesh DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Paint Sesh DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM The Paint Sesh ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Paint Sesh WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting ThePaintSesh.com, you agree that the laws of the state of California without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and The Paint Sesh.
Site Policies, Modification, and Severability
We reserve the right to make changes to our Site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Updated March 29th, 2018
COPYRIGHT 2018, The Paint Sesh, ALL RIGHTS RESERVED.