Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Vino Artist, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- "Event" – any public or private event hosted by Vino Artist that you would like to attend.
- "You" or "Your" – carries reference to you as an individual or an organization who requests or purchases tickets or services from Vino Artist
- "Private Event" – any Event hosted by Vino Artist at Your request.
- "Venue" – reference to any location where the Event is being held or will take place.
Vino Artist is an entertainment service provider and we will provide an instructed painting session at the Venue of your choice or at our own studio.
Vino Artist reserves the right, at its sole discretion, to modify or replace any part of this Agreement and make various changes and adjustments in how it operates.
While almost never; Vino Artist may change which painting will be painted at the Event at or before the day of the event without any notice to You.
Payment and Deposit.
By selecting a product or service, you agree to pay Vino Artist the one-time and/or monthly or annual subscription fees indicated and any other charges that may incur in connection with your use of Vino Artist (additional payment terms may be included in other communications). All payments are processed on the day of purchase and not on the day of the Event. All sales are final and payments are non-refundable. Please note: Vino Artist reserves the right to change its prices and fees.
Deposits and Deposit Payments.
All deposit payments are considered non-refundable unless otherwise was explicitly agreed between You and Vino Artist. Date of your Event is not reserved until the Deposit payment is made. Deposit payment for the Event will usually carry a “Due Upon Receipt” due date, unless otherwise agreed between You and Vino Artist.
Balance Payments on Private Events.
All balance payments have to be made no later than 7 days prior to the Event or immediately upon reservation, if the Event’s date is less than 7 days away.
All non-deposit payments for Private Events are refundable up to 7 days prior to the Event.
Your VinoArtist.com Account.
If you create a personal user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not describe or assign keywords to your account name in a misleading or unlawful manner, including in a manner intended to damage or negatively affect on the name or reputation of others, and Vino Artist may change or remove any usernames or other keyword that it considers inappropriate or unlawful, or otherwise likely to cause Vino Artist liability. You must immediately notify Vino Artist of any unauthorized uses of your account or any other breaches of security. Vino Artist will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Website Visitors.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Vino Artist disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which VinoArtist.com links, and that link to VinoArtist.com. Vino Artist does not have any control over those non-Vino Artist websites and webpages, and is not responsible for their contents or their use. By linking to a non-Vino Artist website or webpage, Vino Artist does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Vino Artist disclaims any responsibility for any harm resulting from your use of non-Vino Artist websites and webpages.
Copyright Infringement and DMCA Policy.
As Vino Artist asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by VinoArtist.com violates your copyright, you are encouraged to notify Vino Artist in accordance with Vino Artist’s Digital Millennium Copyright Act ("DMCA") Policy. Vino Artist will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Vino Artist will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Vino Artist or others. In the case of such termination, Vino Artist will have no obligation to provide a refund of any amounts previously paid to Vino Artist.
This Agreement does not transfer from Vino Artist to you any Vino Artist or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Vino Artist. Vino Artist, VinoArtist.com, the VinoArtist.com logo, and all other trademarks, service marks, graphics and logos used in connection with VinoArtist.com, or the Website are trademarks or registered trademarks of Vino Artist or Vino Artist’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Vino Artist or third-party trademarks.
It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Vino Artist may also, in the future, offer new services and/or features. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties.
The Website is provided "as is". Vino Artist and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Vino Artist nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Vino Artist, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Vino Artist under this agreement during the twelve (12) month period prior to the cause of action. Vino Artist shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Vino Artist, its contractors, and its licensors, and their respective directors, officers, employees, agents and other Event attendees from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, Vino Artist, Event and Event Attendees, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Vino Artist and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Vino Artist, or by the posting by Vino Artist of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara Country, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Clara Country, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Vino Artist may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.