Paint Nite® and Plant Nite® Terms of Use

This Terms page was last updated on October 18, 2017.

Thank you for purchasing your public Paint Nite LLC (“Paint Nite”) and/or Your Nite LLC (“Plant Nite”) ticket(s) (the “Ticket”)! Solely for purposes of these Terms of Use (the “Terms”) and ease of reference, Paint Nite and Plant Nite are referred to herein as the “Company” though each shall retain its separate corporate existence, and the term “Company” will refer to one or the other depending on the circumstances to which it is referred and depending on whether you are attending a Paint Nite event or a Plant Nite event. These Terms govern your use of the Service and the ticket(s) you purchased (the “Ticket”), as well as the use of the Ticket, including all features of the website located at www.paintnite.com and www.plantnite.com (the “Website”), user experience, and all content associated therewith (collectively the “Service”). When you or the person for whom you have purchased the Ticket eventually utilize the Ticket you/they will sign up for an event (the “Event”) and will then be bound by the Event’s own set of terms and conditions. By using, visiting, or browsing the Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Service, including the Website, and you should not purchase the Ticket.

These Terms are also a resource for you to get a deeper understanding of how the Service works, including the kinds of data collected, how bills are processed, and how the Company interacts with you and other useful details about the Service. The Company hopes you enjoy your experience.

Definitions

  • The term “Event” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend.

  • Payment Method – 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 (defined in these Terms as an “Event Attendee” or “Event Attendees”).

  • The term “venue” shall mean the location where the Event will take place.

  • The term “Website” shall mean the website: http://www.paintnite.com and/or http://www.plantnite.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.

  • Work(s) of Art: 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 Paint Nite Library. The term “planting” shall include any planting or other creation at your Event, and is included in the definition of “Work of Art.”

1. How the Service works

The Company is an entertainment service that will provide an evening of instruction for your Event at the venue.

The Company reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how it 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 the Company is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.

a. Availability

The availability of 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 the Company’s sole discretion. While the Company will endeavor to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at the Company’s sole discretion without notice to you.

b. Materials Provided

The Materials, including all paints, canvases, brushes, easels, aprons, Plantings and other supplies necessary for the Event (to be determined in the sole judgment of the Company) (“Equipment”) will be provided for the Event. The quality of the paint, canvases, brushes, easels, aprons, Plantings and artist/instructor may vary from event to event, and venue to venue, and may be affected by a variety of factors outside of the control of the Company.

c. End Result

The Company makes no representations or warranties about the quality of any Work of Art or individual experience at the Event. Every Work of Art created by you will be unique, and the expectation that your Work of Art will be a facsimile of the Work of Art depicted on the Website is patently absurd.

d. Start Time

The Company 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 the Company makes no representation as to the exact amount of instruction time at the Event.

e. Capacity Limitations

You may not be able to attend the Event due to capacity limitations of the venue where the Event takes place. The Company recommends that you arrive at the venue at least 30 minutes prior to the start of the Event.

f. Works of Art

The Company may change which Work of Art will be instructed at the Event and may make such change without notice to you.

g. Reschedule

If you reschedule your Event within 48 hours of the originally scheduled Event, you will be charged a \$20 reschedule fee.

h. Plant Nite Materials Charge

When you purchase your Plant Nite ticket, you will be charged for the materials used at the Event selected (“Materials Charge”). If you reschedule your Plant Nite Event for an Event with a lower Materials Charge than your original Event, you will not be refunded the difference between the two Materials Charges. If you reschedule your Event to an Event with a higher Materials Charge, you must pay the difference between the lower Materials Charge and the higher Materials Charge, and you have to pay the tax on that amount.

i. Local Fundraiser

Local fundraising events (a “Fundraiser”) can be set up through the Paint Nite private events team. Fundraisers require an initial $100 deposit (“Deposit”) which will either be (i) returned in the event you sell at least 35 tickets to your Fundraiser, or (ii) forfeited if you do not sell at least 35 tickets to your Fundraiser.

Please note that neither Paint Nite, nor Plaint Nite are the fiscal sponsor or fiscal agent for you or your Fundraiser, and is in no way responsible for any obligations of the fiscal sponsor or fiscal agent of your event. By making the deposit for your Fundraiser, you agree that you are exclusively responsible for paying all funds resulting from your Fundraiser to the entity or person for which you are raising funds.

Please note that as the Fundraiser Host, you must still buy a ticket for yourself to the Fundraiser. The Deposit is not your ticket to the Fundraiser.

All Fundraisers are subject also to the Terms and Conditions set forth in the Paint Nite LLC Virtual Fundraiser Terms of Service https://www.paintnite.com/virtual-fundraiser/terms .

j. Unauthorized use

Works of Art are developed by, and for, the Company. With the exception of the Work of Art you create at the Event, you may not copy or reproduce Works of Art or any portion thereof, and you may not sell, lease or distribute any reproduction of any Work of Art, including the Work of Art that you create at your Event. Any unauthorized uses of Works of Art or the Website are strictly prohibited.

k. Privacy policy and communication with you

Any personally identifying information submitted through the Service is subject to the Company’s Privacy Policy, the terms of which are incorporated herein by reference.

By using the Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from the Company notwithstanding that you signed up for a Paint Nite or Plant Nite event. For example, the Company may send you newsletters about new Company features, special offers, promotional announcements and customer surveys via email or other methods. For Canadian customers, your express and/or implied consent begins from the moment you utilize the Service, and lasts (a) until you inform the Company that you no longer wish to receive such communications or (b) two years, whichever period is shorter. 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 such future correspondence. You may also contact the Company by regular mail at 22 Kent Street, Somerville, MA 02143 USA.

In addition, by utilizing the Service you expressly and/or impliedly consent to receiving electronic communications from the Company, and the Company’s licensees relative to your purchase, including, but not limited to notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), information concerning or related to the Service, and marketing and promotional information. These communications are part of your relationship with the Company and you receive them as part of the Service. You agree that any notice, agreements, disclosure or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

The Company will not sell your email address to any third party.

l. Gift ticket conditions

If available, when you purchase a gift Ticket, you must select a region (the “Region”) where the gift Ticket will be used from the following three choices: (i) “United States” (which area includes every state except New York), (ii) “New York,” and (iii) “Canada.” Once you have selected the Region, you may only utilize the gift Ticket in that Region.

If you select “Canada” as the Region in which the gift Ticket will be utilized, a confirmation code will be sent to you, and you must then forward the confirmation code to the person(s) for whom you have purchased the gift Ticket. If you select “United States” or “New York” as the Region in which the gift Ticket may be utilized, you may elect to receive the confirmation code directly or for the Company to send the confirmation code to any individual you specify, provided they are located in the United States.

Gift Tickets may only be utilized to attend the Event, and may not be exchanged for any other item. Each gift Ticket has a maximum value of either (a) \$45 if purchased for the United States or Canada, or (b) \$65 if purchased for New York.

Gift Tickets are not refundable and have no cash value. However, gift Tickets may be transferred within the Region you selected at the time of purchase (it wouldn’t be much of a gift if you couldn’t at least do that).

By redeeming your gift Ticket, you agree that the Company has satisfied all of its obligations with respect to the redemption thereof.

Gift Tickets do not expire and may be used to attend an eligible Event notwithstanding (i) any previously stated expiration date or (ii) your purchase or receipt of a Gift Ticket at a time when there was a stated expiration period.

m. Promotions

Company promotions may not be combined with any other offers or your Ticket.

You may cancel your Event with the Company at any time. However, there are no refunds or credits for unused promotional tickets.

The Company 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. The Company is not responsible for the products and services provided by such third parties. The Company reserves the right to modify, terminate or otherwise amend Company offered promotional tickets.

n. Billing

By purchasing a Ticket, you are expressly agreeing that the Company 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 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 the Company 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. Your Ticket never expires. At any time, and for any reason, the Company may provide a refund, discount, or other consideration (“credits”) to some or all of the Company’s customers. The amount and form of such credits, and the decision to provide them, are at the Company’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 the Company to provide credits in the future, under any circumstance. The Company may change the fees and charges in effect, or add new fees and charges from time to time, but the Company will give you advance notice of these changes by email.

The Company will bill the Ticket fee to the Payment Method you provide to the Company during your purchase of the Ticket.

o. Right to terminate

The Company reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

The Company does not warrant any of materials used in connection with the Service, nor does the Company warrant the operation of the Service.

p. Social media

You can connect the Company 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 the Company 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 may be able to see (on Facebook and on the Website) that you are a Company customer as well as what you have created, eaten or had to drink, with whom you attended an event, and other information about your use of the Service. You may also be able to see similar information about your Facebook friends who are connected with the Company. In addition, the Company 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 A COMPANY 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 COMPANY ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT THE COMPANY AT INFO@PAINTNITE.COM TO HAVE YOUR INFORMATION REMOVED. The Company 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.

q. Customer reviews

The Company encourages you to post reviews of events through the Service. The Company 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 the Company or its personnel, misleading information regarding the origin of the content; or a discussion of Company policies or services. You understand and agree that the Company may, but is not obligated to, review the content and may delete or remove it (without notice) in the Company’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, THE COMPANY MAY 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 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.

r. Age restriction

The Service shall not be used by children. The Service is only for adults who are of the legal drinking age (or older) in the venue where your Event is being held. The Company 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 the Company or its licensee or an employee or agent of a licensee discovers that an Event attendee is under the legal drinking age in the venue where your Event is held, the Company or its licensee or an employee or agent of a licensee can refuse to offer instruction to any under age individual, regardless of whether that individual has a Ticket to the Event. The Company 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.

s. Venue

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 the Company 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 THE COMPANY. Some of these TPS may even use Company trademarks in connection with your Event. The Company 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 the Company 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 the Company harmless, as set forth in Section 32 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 the Company harmless, as set forth in Section 32 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 the Company, unless otherwise indicated by the Company. THE COMPANY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify the Company, as set forth in Section 32 hereof, for any and all claims made as the result of the provision of TPS at your Event.

t. Disclaimers of warranties and limitations on liability

THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE AND YOUR EVENT, INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, WORKS OF ART, AND EQUIPMENT. Without limiting the foregoing, the Company assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of the Company): (i) errors or omissions in the content delivered by the Service or on the Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Website, or otherwise through the 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 Service itself, including any losses or damages arising from the Service, Website, Equipment, your Event, or TPS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR WORK OF ART. In addition, the Company does not represent or warrant that the information accessible via the Website is accurate, complete or current. The Company does not make any representations with respect to the content contained on events from the Service or the descriptions of any event content contained on the Website and user interfaces. The Company does not represent or guarantee that your use of the Service will be free from interruption, and the Company disclaims any liability with respect thereto. No oral or written information or advice given by the Company or the Company’s authorized representative shall create a warranty or otherwise constitute a representation binding upon the Company.

IN NO EVENT SHALL THE COMPANY, 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 SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

u. Intellectual Property

PAINT NITE and PLANT NITE are registered trademarks of Paint Nite LLC and Your Nite LLC respectively (the “Marks”). The Marks are trademarks or service marks of the Company. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, service marks and trade dress of the Company may not be used or reproduced without prior written approval from the Company and may not be used in connection with any product or service that is not affiliated with the Company, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of the Company, or in any manner that disparages or discredits the Company. 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 the Company. Any images of persons or personalities contained on the Website are not an indication or endorsement of the Company or any particular product or our service unless otherwise indicated.

You agree that the Company 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 Work of Art with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the Work of Art you created (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 any instructor, assistant, or licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the Work of Art, 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 the Company in any way shall become the property of the Company, may not be reproduced or utilized except as authorized by the Company, and that the Company is free to use all such materials at its sole and absolute discretion, including photo-shopping and/or altering any portions of any such photographs.

v. Entertainment and service content

The Company 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 the Company chooses in the Company’s sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by the Company 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 the Company, or its members, managers, directors, officers, employees, attorneys, affiliates, licensees, employees or agents of licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall the Company, or its members, managers, directors, officers, employees, employees or agents of licensees, 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.

w. Use of information submitted

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to the Company (“Feedback”), including responses to questionnaires or through postings to the 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 Service. The Company may also share your information with third parties for purposes of the Company’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to the Company, or in responding to questionnaires, you grant the Company 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 the Company 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 the Company. 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 the Company, its members, managers, directors, officers, employees, attorneys, affiliates, licensees, employees or agents of 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.

x. Service testing

From time to time, the Company tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and the Company reserves the right to include you in or exclude you from these tests without notice.

y. Customer service

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

z. Your conduct when accessing the Service

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

aa. Links and pages

Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by, or affiliated with, the Company. In addition, other websites may link to the Website or the Company may include links to the websites of businesses, including those that have associations with the Company through certain programs. These pages may provide links to third parties. The Company has not reviewed these websites and you agree that the Company 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 the Company is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, their products or the contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which the Company recommends you read carefully.

bb. 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. The Company will bill your Payment Method automatically. Promotional codes may not be used in conjunction with your gift Ticket purchase.

cc. Arbitration agreement

You and the Company agree that any dispute, claim, action, or controversy arising out of or relating in any way to the 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 (an “Event Attendee” or “Event Attendees”), and the Company agree that Mass. Gen. Laws c. 251, et seq., governs the interpretation and enforcement of this provision, and that you, Event Attendees, and the Company 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 or an Event Attendee elects to seek arbitration, you must first send to the Company, by certified mail, a written notice of such claim (“Notice”). The Notice to the Company must be addressed to: General Counsel, Paint Nite, LLC, 22 Kent Street, Somerville, MA 02143. 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 and Event Attendees agree that the failure to provide the notice referenced in this paragraph shall result in the dismissal of any action or arbitration proceeding you bring.

YOU, INCLUDING ALL EVENT ATTENDEES, AND THE COMPANY 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, including Event Attendees, and the Company 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.

dd. 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 the Company shall be governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.

You, including all Event Attendees, and the Company 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 21 hereof, solely and exclusively in the Commonwealth of Massachusetts, Suffolk 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 the Company 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 set forth herein is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you, including all Event Attendees, and the Company 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 Commonwealth of Massachusetts, and you, including all Event Attendees, and the Company hereto irrevocably consent and submit to the exclusive jurisdiction within the Commonwealth of Massachusetts in respect of any such proceeding before (i) the federal District Court for the District of Massachusetts, located in Boston, Massachusetts or (ii) the Massachusetts Superior Court, Middlesex County.

ee. Waiver of rights

The failure of the Company 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 the Company may at any time demand strict and complete performance of said terms, covenants and conditions.

ff. 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.

gg. Severability

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.

hh. 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 the Company on the grounds that the Company drafted these Terms.

ii. Survival

Both your and the Company’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.

jj. Authority

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.

kk. Further Assurances

You agree that you shall, at the request of the Company, 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.

ll. Force majeure

Neither you nor the Company 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.

mm. Electronic transactions

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.

nn. Defense and indemnity

You agree to defend, indemnify, and hold the Company 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 the Company that are related to such circumstances.

oo. Local Fundraising Events

The Company is not the fiscal sponsor or fiscal agent of any fundraising event. Each organizer/person who makes the deposit for a fundraising event expressly agrees to defend, indemnify, and hold the Company harmless with respect to any penalties, taxes, enforcement actions, or any other charges, penalties, investigations, enforcement actions, lawsuits, or administrative proceedings, including all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by the Company that are in any way related to any fundraising event.

pp. Virtual Fundraisers

In addition to these Terms, Contributors to Virtual Fundraiser Campaigns are bound by the Paint Nite LLC Virtual Fundraiser Terms of Service, which are located HERE. With respect to Virtual Fundraisers, there are no refunds whatsoever, as set forth in Section 5(C) of the Paint Nite LLC Virtual Fundraiser Terms of Service.

Paint Nite® and Plant Nite® Terms of Use for Private Events

This Privacy Policy was last updated on May 10, 2017.

Thank you for signing up for your private Paint Nite LLC (“Paint Nite”) and/or Your Nite LLC (“Plant Nite”) event (the “Event”)! Solely for purposes of these Terms of Use (the “Terms”) and ease of reference, Paint Nite and Plant Nite are referred to herein as the “Company” though each shall retain its separate corporate existence, and the term “Company” will refer to one or the other depending on the circumstances to which it is referred and depending on whether you are attending a Paint Nite event or a Plant Nite event. These Terms govern your use of the Service and the ticket(s) you purchased (the “Ticket”), as well as the use of the Ticket, including all features of the website located at www.paintnite.com and/or www.plantnite.com (the “Website”), user experience, and all content associated therewith (collectively the “Service”). By using, visiting, or browsing the Service, you accept and agree to be bound by these Terms.

These Terms are also a resource for you to get a deeper understanding of how the Service works, including the kinds of data collected, how bills are processed, how the Company interacts with you and other useful details about the Service. The Company hopes you enjoy your experience.

Definitions

  • The terms “Event” and/or “Private Event” mean the event you have contracted with the Company to hold.

  • The Term “Event Attendees” means all individuals who will be attending the Event.

  • Payment Method – The term “Payment Method” means the method of your payment for the Event that you indicated during your registration for your Event.

  • All references herein to “you” or “your” shall mean and refer to the person originally signing up for the Event, the person or entity for whose benefit the Event is being held, and all Event Attendees, whether the term “including all Event Attendees” is set forth next to “you” or “your” herein or not.

  • The term “venue” shall mean the location where the Event will take place.

  • The term “Website” shall mean the website www.paintnite.com and/or www.plantnite.com (and all pages contained therein).

  • The term “Ticket” or “Tickets” shall mean a revocable license(s) sold to you and for which you have paid.

  • Work(s) of Art: 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 Paint Nite Library. The term “planting” shall include any planting or other creation created at your Event, and is included in the definition of“Work of Art.”

1. How the Service works

The Company is an entertainment service that will provide you with an evening of instruction at the venue. The Company reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how the Company 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 the Company is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.

a. Choice of Instructor

While the Company will endeavor to make the artist/instructor you have requested available for the Event, the availability of a specific artist/instructor at the Event may change at the Company’s sole discretion without notice to you.

b. Materials Provided

The Materials, including all paints, canvases, brushes, easels, aprons, Plantings and other supplies necessary for the Event (to be determined in the sole judgment of the Company) (“Equipment”) will be provided for the Event. The quality of the paint, canvases, brushes, easels, aprons, Plantings and artist/instructor may vary from event to event, and venue to venue, and may be affected by a variety of factors outside of the control of the Company.

To the extent there will be in excess of twenty Event Attendees, you must inform the Company of the number of additional Event Attendees at least forty-eight hours in advance of the Event, in order to allow for the proper number/amount of supplies to be at the Event.

c. End Result

The Company makes no representations or warranties about the quality of the painting and/or planting of Event Attendees or the individual experiences of Event Attendees. Every painting and/or planting will be unique and the expectation that any painting and/or Planting created at the Event will be a facsimile of the Work of Art depicted on the Website is patently absurd.

d. Start Time

The Company 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 the Company makes no representation as to the exact amount of instruction time at the Event.

e. Capacity Limitations

The venue may have capacity limitations for the Event. The Company will confirm that the venue you choose has capacity for the number of guests you originally schedule for the Event. You must provide a final headcount to the Company at least 48 hours prior to your Event. To the extent you increase the number of Event Attendees after you originally schedule the Event, there may not be enough space to accommodate the increased number. The Company recommends that you arrive at the venue 30 minutes prior to the start of the Event.

Only Event Attendees approved by you may attend your Event.

f. Works of Art

The Company may change what Work of Art will be instructed on a particular night and may make such change without notice to you.

2. Unauthorized use

Company Works of Art are developed by, and for, the Company. With the exception of your Work of Art at the Event, you may not copy or reproduce Company Works of Art or any portion thereof, and you may not sell, lease or distribute any reproduction of any Company Work of Art, including the Work of Art that you create at your Event. Any unauthorized uses of Company Works of Art are strictly prohibited. Each Event Attendee may take the Work of Art they created at the Event with them at the conclusion of the Event.

3. Privacy policy and communication with you

Any personally identifying information submitted through the Service is subject to the Company’s Privacy Policy, the terms of which are incorporated herein by reference.

By using the Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from the Company notwithstanding that you signed up for a Paint Nite or Plant Nite event. For example, the Company may send you newsletters about new Company features, special offers, promotional announcements and customer surveys via email or other methods. For Canadian customers, your express and/or implied consent begins from the moment you utilize the Service, and lasts until you (a) inform the Company that you no longer wish to receive such communications or (b) two years, whichever period is shorter. 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 such future correspondence. You may also contact the Company by regular mail at 22 Kent Street., Somerville, MA 02143 USA.

In addition, by utilizing the Service you expressly and/or impliedly consent to receiving electronic communications from the Company 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 Service. These communications are part of your relationship with the Company and you receive them as part of the Service. You agree that any notice, agreements, disclosure or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

The Company will not sell your email address to any third party.

4. Promotions

Company promotions may not be utilized in conjunction with any Private Event.

5. Billing

Ticket fees and charges are fully earned upon payment. The Company will require the \$840 to confirm your Event. If you have over 20 attendees, the Company will charge the balance once the final headcount is established at least 48 hours in advance of your Event (as set forth in Section II hereof). The Company will set up a payment link where you can submit payment via credit card. Your payment is refundable (as a credit towards a future event) if you cancel more than 15 days before the Event, but in such case you may only reschedule your Event once. Payment is not refundable if your Event is cancelled within 15 days of the Event.

By purchasing a Ticket, you are expressly agreeing that the Company is 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 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, “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 final bill for your Event may be more than the amount indicated when you registered, depending on the number of Event Attendees that participate in the Event. For example, if your Event ticket provides that up to twenty-five Event Attendees may participate in the Event, and if there are more than twenty-five Event Attendees, you will be charged an additional fee based on the number of additional Event Attendees in excess of twenty-five, and you authorize the Company to charge your Payment Method for such additional amounts.

The Company may change the fees and charges in effect, or add new fees and charges from time to time, but the Company will give you advance notice of these changes by email. Once you have been charged a set amount, the fee will not change, except in circumstances where the number of Event Attendees exceeds the number you paid for when you registered.

6. Right to terminate

The Company reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

The Company does not warrant that any of the events or materials used in connection with the Service nor does the Company warrant the operation of the Service.

7. Social media

You can connect the Company 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 the Company 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 may be able to see (on Facebook and on the Website) that you are a Company customer as well as what you have created, eaten or had to drink, with whom you attended an event, and other information about your use of the Service. You may also be able to see similar information about your Facebook friends who are connected with the Company. In addition, the Company 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 COMPANY 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 COMPANY ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT THE COMPANY AT INFO@PAINTNITE.COM TO HAVE YOUR INFORMATION REMOVED.

The Company 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.

8. Customer reviews

The Company encourages you to post reviews of your Events through the Service. The Company reserves the right to promote, reject, remove or edit such content at anytime without notice to you. Reviews should not be posted that contain the following: (i) harsh, profane or discriminatory language, (ii) illegal, obscene, threatening, defamatory or otherwise objectionable content, (iii) URLs, phone numbers, mailing or e-mail addresses, or personal attacks on the Company’s personnel, (iv) misleading information regarding the origin of the content, or (v) a discussion of the Company’s policies or services. You understand and agree that the Company may, but is not obligated to, review the content of any review and may delete or remove it (without notice to you) in the Company’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, THE COMPANY MAY 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 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.

9. Age restriction

The Service may only be used by children under the legal drinking age where your Event is held if the venue where your Event is held permits children to be present. It is up to you to check with the venue in advance of your Event to determine whether children will be permitted to attend your Event. The Company is not responsible in any manner if a person or persons under the legal drinking age where the Event is being held attend the Event. In the event the Company or its licensee discovers that an Event Attendee is under the legal drinking age in the venue where your Event is held, and the venue does not permit such persons, the Company or its licensee may refuse to offer instruction to any under age individual, regardless of whether that individual has a Ticket to the Event. Although the Company is not under any obligation to ensure that any of your Event Attendees are of the legal drinking age where your Event is held, the Company 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.

10. Venue

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 the Company 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 THE COMPANY. Some of these TPS may even use Company trademarks in connection with your Event. The Company 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 the Company 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 the Company harmless, as set forth in Section 30 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 the Company harmless, as set forth in Section 30 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 the Company, unless otherwise indicated by the Company. THE COMPANY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify the Company, as set forth in Section 30 hereof, for any and all claims made as the result of the provision of TPS at your Event.

11. Disclaimers of warranties and limitations on liability

THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT WILL BEUNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE AND YOUR EVENT, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, WORKS OF ART, AND EQUIPMENT.

Without limiting the foregoing, the Company assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of the Company): (i) errors or omissions in the content delivered by the Service or on the Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Website, or otherwise through the 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 Service itself, including any losses or damages arising from the Service, Website, Equipment, your Event, or TPS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR WORK OF ART. In addition, the Company does not represent or warrant that the information accessible via the Website is accurate, complete, or current. The Company does not make any representations with respect to the content contained on events from the Service or the descriptions of any event content contained on the Website and user interfaces. The Company does not represent or guarantee that your use of the Service will be free from interruption, and the Company disclaims any liability with respect thereto. No oral or written information or advice given by the Company or the Company’s authorized representatives shall create a warranty or otherwise constitute a representation binding upon the Company.

IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSEES, EMPLOYEES OR AGENTS OF LICENSEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR YOUR EVENT ATTENDEES 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 SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY EVENT ATTENDEES FOR ANY DAMAGES OR LOSSES EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

12. Intellectual property

PAINT NITE and PLANT NITE are registered trademarks of Paint Nite LLC and Your Nite LLC respectively (the “Marks”). The Marks are trademarks or service marks of the Company. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, service marks and trade dress of the Company may not be used or reproduced without prior written approval from the Company and may not be used in connection with any product or service that is not affiliated with the Company, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of the Company, or in any manner that disparages or discredits the Company. 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 the Company. Any images of persons or personalities contained on the Website are not an indication or endorsement of the Company or any particular product or our service unless otherwise indicated. The Company may use the name and logo of the organization with which you are located, both before and after your event, on the Website or in other promotional materials to reflect that you have been a customer of the Company.

You agree that the Company 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 Work of Art with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the Work of Art you created (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 any instructor, assistant, or licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the Work of Art, 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 the Company in any way shall become the property of the Company, may not be reproduced or utilized except as authorized by the Company, and that the Company is free to use all such materials at its sole and absolute discretion, including photo-shopping and/or altering any portions of any such photographs.

13. Entertainment and service content

The Company 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 the Company chooses in the Company’s sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by the Company 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 the Company, or its members, managers, directors, officers, employees, attorneys, affiliates, licensees, employees or agents of licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall the Company, or its members, managers, directors, officers, employees, employees or agents of licensees, 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.

14. Use of information submitted

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to the Company (“Feedback”), including responses to questionnaires or through postings to the 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 Service. The Company may also share your information with third parties for purposes of the Company’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to the Company, or in responding to questionnaires, you grant the Company 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 the Company 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 the Company. 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 the Company, its members, managers, directors, officers, employees, licensees, employees or agents of licensees, agents, attorneys, affiliates, 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.

15. Service testing

From time to time, the Company tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and the Company reserves the right to include you in or exclude you from these tests without notice to you.

16. Customer service

If you need assistance, you may find answers and reach Customer Service at any time at info@paintnite.com and/or info@plantnite.com. You may also visit the FAQ page at www.paintnite.com and/or www.plantnite.com where you will find the answers to many frequently asked questions.

17. Your conduct in accessing the Paint Nite service

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

Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by, or affiliated with, the Company. In addition, other websites may link to the Website or the Company may include links to the websites of businesses, including those that have associations with the Company through certain programs. These pages may provide links to third parties. The Company has not reviewed these third party websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these third party websites. You acknowledge and agree that the Company is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, or the products or contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which should be read carefully.

19. Arbitration agreement

You and the Company agree that any dispute, claim, action, or controversy arising out of or relating in any way to the 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 (an “Event Attendee” or “Event Attendees”), and the Company agree that Mass. Gen. Laws c. 251, et seq., governs the interpretation and enforcement of this provision, and that you, Event Attendees, and the Company 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 or an Event Attendee elects to seek arbitration, you must first send to the Company, by certified mail, a written notice of such claim (“Notice”). The Notice to the Company must be addressed to: General Counsel, Paint Nite, LLC, 22 Kent Street, Somerville, MA 02143. 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 and Event Attendees agree that the failure to provide the notice referenced in this paragraph shall result in the dismissal of any action or arbitration proceeding you bring.

YOU, INCLUDING ALL EVENT ATTENDEES, AND THE COMPANY 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, including Event Attendees, and the Company 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.

20. 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 the Company shall be governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.

You, including all Event Attendees, and the Company 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 19 hereof, solely and exclusively in the Commonwealth of Massachusetts, Suffolk 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 the Company 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 the Company 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 Commonwealth of Massachusetts, and you and the Company hereto irrevocably consent and submit to the exclusive jurisdiction within the Commonwealth of Massachusetts in respect of any such proceeding before (i) the federal District Court for the District of Massachusetts, located in Boston, Massachusetts or (ii) the Massachusetts Superior Court, Middlesex County.

21. Waiver of rights

The failure of the Company 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 the Company may at any time demand strict and complete performance of said terms, covenants and conditions.

22. 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.

23. Severability

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.

24. 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 the Company on the grounds that the Company drafted these Terms

25. Survival

Both your and the Company’s obligations in these Terms, which by their nature, have significance after the conclusion of the Event, shall survive the termination or expiration of these Terms and the conclusion of the Event.

26. Authority

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.

27. Further assurances

You agree that you shall, at the request of the Company, 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.

28. Force majeure

Neither you nor the Company 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.

29. 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 future transactions, by electronic means.

30. Defense and indemnity

You, including all Event Attendees, agree to defend, indemnify, and hold the Company 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 the Company that are related to such circumstances.

Paint Nite® and Plant Nite® Pass Terms and Conditions

1. General Terms

Paint Nite Anytime Passes (also referred to herein as a “Pass” or “Passes”) are issued and distributed by Paint Nite LLC ("Paint Nite"). By visiting https://www.paintnite.com/passes, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions ("Ts & Cs"). Paint Nite reserves the right to change these Ts & Cs from time to time in its discretion. Paint Nite Passes are good for one Paint Nite event ticket, excluding events held in New York City. Event attendees must be of legal drinking age. Any food, drinks, or other purchases are sold separately by the hosting establishment and are the sole responsibility of the ticket recipient. Paint Nite Passes cannot be used for Private Events, Fundraisers, Fundraiser Deposits. No full or partial refunds are given to customers who miss an event. In case of event cancellation, you will be able to reschedule your event. Please refer to https://www.paintnite.com/about-us/terms for additional Terms and Conditions.

2. Anytime Passes

Anytime Passes are redeemable at http://www.PaintNite.com/Search

3. Redemption

Redeem Anytime Passes on http://www.PaintNite.com/Search. For additional redemption information visit to https://www.PaintNite.com/ for Terms and Conditions of redemption.

4. Returns

You may not return or cancel your Anytime Pass after it is received. Purchasers who wish to cancel a Paint Nite Pass purchase order prior to its delivery to a recipient should contact Customer Service at info@paintnite.com.

5. Lost or Stolen Passes

If you suspect that someone has copied or stolen your Paint Nite Anytime Pass, contact Customer Support immediately. Anytime Passes will not be replaced if lost or stolen without proof of purchase. Treat Anytime Passes like cash.

6. Limitations

You may not use a Paint Nite Anytime Pass to purchase Gift Cards, other Passes, or Vouchers. Anytime Passes cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash. Unused Anytime Passes may not be transferred.

All Paint Nite® attendees must be of legal drinking age in the jurisdiction where the event attended is held. Anytime Passes may not be used in exchange for any food or beverage purchases at hosting locations. Anytime Passes cannot be used for Tips, Fundraiser Deposits, Fundraiser Tickets, or Private Events.

7. Our Policies

Paint Nite Anytime Passes are subject to Paint Nite’s Privacy Policy. Paint Nite may provide Anytime Pass purchasers with information about the redemption status of Anytime Passes.

8. Risk of Loss

Ownership and risk of loss of a Paint Nite Anytime Pass, transfers to the purchaser as soon as Paint Nite sends confirmation to the recipient. Paint Nite is not responsible for lost or stolen Paint Nite Anytime Passes.

9. Anytime Pass Customer Service

If you need assistance with any aspect of your purchase, ownership, or use of your Pass, please contact Customer Service at info@paintnite.com. Please refer to your order number, or be ready to supply your email address.

10. Payment Methods

Anytime Passes may be paid for with a valid VISA, MasterCard, Discover, or American Express.

11. Delivery Information and Requirements for Paint Nite Pass Purchasers

All orders of Anytime Passes are subject to a process that compares purchaser information provided on the web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your Anytime Pass order may be delayed until it can be corrected.

Paint Nite is not responsible for Anytime Passes that are undeliverable or not received due to your failure to enter an accurate physical address or email address for the recipient. Please check to make sure the address of the recipient is correct and contact Customer Service at info@paintnite.com if you suspect the recipient did not receive his/her Paint Nite Anytime Pass.

12. Reasons for Failed Delivery of a Paint Nite Pass

Anytime Passes are delivered via email. If you have confirmed the recipient's email address but the Anytime Pass has not been viewed within a reasonable period after the requested delivery date, the following is a list of the most common reasons why delivery may have failed:

  1. Spam filter blocked email or routed it to a bulk/spam folder
  2. Recipient's firewall blocked the email
  3. Email inbox is over size limit
  4. Invalid email address

13. Limitation of Liability

PAINT NITE AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PASSES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A PASS CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND PAINT NITE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. 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.

14. Disputes

You hereby consent that any dispute relating in any way to A Pass shall be adjudicated in Middlesex County, Massachusetts Superior Court if the aggregate total claim for relief exceeds $25,500, or Woburn Massachusetts District Court if the aggregate claim is less than $25,000, and you consent to exclusive jurisdiction and venue in such courts.