Terms and Conditions of Use
Thank you for visiting this website, which is provided by Brush Paint and Sip Studio LLC (“Company”). Company provides and maintains this website for your personal information and entertainment, and for the purposes of advertising and registering for its painting classes (the “Events”). This “Terms and Conditions of Use” is subject to change without notice. Your access to and use of this website, and registration for Events, constitutes your acceptance of, and your agreement to, this Terms and Conditions of Use. If you do not accept and agree to the following terms and conditions, do not use this website or register for our Events.
When you register for our Events, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright, Trademark, and Related Issues
The trademarks, titles, characters, trade names, graphics, designs, logos, icons, layout, look, images, text, copyrights, software and other content appearing on this website are protected intellectual properties that are owned by Company or its affiliates, or by third parties who have authorized use of such content on this website.
Use of Website
Company authorizes you to view and make copies of documents, pages, images or other materials or content on this website for your non-commercial, personal use only. Company reserves all other rights. You may not distribute, display, transmit or disseminate any such documents, pages, images, materials or content without the prior written consent of Company. Except as expressly provided on this website, nothing contained on this website shall be construed as conferring any right or license under any trademark, copyright or other intellectual property right.
Reviews, Comments and Use of Other Interactive Areas
We appreciate hearing from you. Please be aware that by submitting content to this website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Company may choose to provide attribution of your comments or reviews at our discretion. You further grant Company the right to pursue at law any person or entity that violates your or Company’s rights in the Submissions by a breach of this terms and Conditions of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of Company’s products and services, other content, messages, materials or other items on the Site ("Interactive Areas"). If Company provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Company;
e. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content or links to content that, in the sole judgment of Company, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Company or its affiliates or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Company is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Company or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against Company by virtue of any such moral rights.
After a registration is made, we require that you notify The Thirsty Brush by email 48 hours ahead of the class start time if you wish to cancel your reservation and receive a refund of your purchase.
We reserve the right to change or cancel a class at any time. Changes could include the painting, the teacher, the venue or starting time. In this case an effort will be made to notify the people who have signed up for the Event of the change or cancelation. However, there is no guaranteed that Comany will be able to contact the student signed up for the Event.
Conduct at Events
You agree that you will behave in a reasonable manner at all Events. Company reserves the right to ask you to leave an Event and/or refuse you participation in a future Event and/or suspend your account if you are disruptive, intoxicated or otherwise behave in an unacceptable manner at any Event.
The painting that are taught at the Events are for example purposes only. Every painting that the customer make will be different. There is no guarantee or warranty implied that the painting created in by the teacher will appear the way the customer's painting looks when completed. Although it is possible to attain a little more painting skill if our classes are taken multiple times, they are primarily for entertainment.
Photographs at Events
Any photographs taken by Company during any Event may be used by Company in any promotional, advertising, or other purposes. Any photographs are sole property of Company and may appear on Company social media sites, Company websites or Company print materials.
This website may contain links to websites maintained by third parties. Company is not responsible for the content of those websites, and the existence of such links should not be considered an endorsement or recommendation of those websites or of any party who is associated with those websites.
Submission of Ideas
Company policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding that policy, any ideas, suggestions, know-how, comments or concepts that are offered or communicated to Company through this website or otherwise shall be the property of Company, and may be treated by Company as non-confidential even if labeled confidential or proprietary. Company shall have the unrestricted right to use and disclose such ideas, suggestions, know-how, comments or concepts for any purpose without notice, attribution, compensation or obligation to any party. By submitting an idea or suggestion, you agree and represent that such idea or suggestion is original and that you own all right, title and interest in and to the idea or suggestion. You agree and represent that any such ideas and suggestions do not violate the rights of any third parties, do not include any personally-identifying information relating to a third party and do not include any unlawful information or material. Your submission of any idea or suggestion constitutes your assignment to Company of all rights, title and interest in and to such idea or suggestion.
Limitation of Liability and Disclaimer of Warranties
Company uses reasonable efforts to ensure that the information on this website and at its Events is accurate, timely and complete, but Company does not guaranty such accuracy, timeliness or completeness. Company makes no representations regarding the use or results of any content on this website or at its Events with respect to accuracy, timeliness, completeness, reliability, functionality, availability, suitability or any other matter. Company does not warrant that this website is free from computer viruses, bugs or other harmful material and does not warrant that the functionality of the website will be uninterrupted or error-free. NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR ANY EVENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER TYPE OF DAMAGE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, neither Company nor any other party involved in creating, producing or delivering this website shall be liable for any damage to your computer equipment or other property, or for any viruses that may infect your computer equipment or other property.
Everything on this website is provided "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THIS WEBSITE OR ANY CONTENT HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE WEBSITE. Because some jurisdictions may not allow the exclusion of implied warranties or certain types of damages, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, agents, licensors, suppliers and all those working with them, from and against all claims, damages, awards and expenses, including attorneys' fees and court costs, arising out of or relating to your use of this website, participating in any Events and any violation of this Terms and Conditions of Use.
Any and all offers or promotions advertised in this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers or promotions.
Company reserves the right to terminate your access to and use of this website at any time and for any reason or for no reason. Company shall have no liability and you shall have no recourse in the event your access to and use of the website is terminated. The warranties, confidentiality obligations, proprietary rights, ownership rights, limitations of liability and indemnification obligations of this Terms and Conditions of Use shall survive the termination of your access to and use of this website.
Law and Venue
Your use of this website is governed by the laws of the State of Tennessee, without regard to its choice of law provisions. The Hamilton County, Tennessee state or federal Courts of general jurisdiction will be the exclusive venue for litigating disputes arising out of this Terms and Conditions of Use or your use of this website.
If any provision of this Terms and Conditions of Use is found by a court of competent jurisdiction to be legally invalid or unenforceable: (1) the validity and enforceability of the remainder of this Terms and Conditions of Use shall not be affected; (2) such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law; and (3) such provision shall be valid, enforceable and enforced in its modified form.
This website is maintained by Company from its corporate offices in Chattanooga, Tennessee, U.S.A. Company makes no representation that the documents, pages, images or other materials or content on this website are appropriate or available for use in jurisdictions outside the U.S.A.
Company reserves the right to modify this Terms and Conditions of Use from time to time without notice. Your use of this website after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.
Effective as of Feb.19, 2014