These Terms are also a resource for you to get a deeper understanding of how the Colours N’ Corks Service works, including the kinds of data collected, how bills are processed, how Colours N’ Corks interacts with you and other useful details about the Colours N’ Corks Service. Colours N’ Corks hopes you enjoy your Colours N’ Corks experience.
- 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.
- The term “venue” shall mean the location where the Event will take place.
- The term “Website” shall mean the website hosted by Colours N’ Corks: COLOURSNCORKS.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.
- 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 Colours N’ Corks Library.
II.HOW THE COLOURS N’ CORKS SERVICE WORKS
Colours N’ Corks is an entertainment service that will provide an evening of painting instruction at the venue.
Colours N’ Corks reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how Colours N’ Corks 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 Colours N’ Corks is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.
Availability. The availability of Colours N’ Corks 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 Colours N’ Corks sole discretion. While Colours N’ Corks will endeavor to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at Colours N’ Corks sole discretion without notice to you.
Materials Provided. Colours N’ Corks will provide all paints, canvasses, brushes, easels, and aprons (“Equipment”) for the Event. While Colours N’ Corks maintains quality control over the materials it uses, the quality of the paint, canvasses, brushes, easels, aprons and artist may vary from event to event, and venue to venue, and may be affected by a variety of factors.
End result. Colours N’ Corks makes no representations or warranties about the quality of any painting or individual experience at the Event. Every painting will be unique, and the expectation that your painting will be a facsimile of the painting depicted on the Website is patently absurd.
Start Time. Colours N’ Corks 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 Colours N’ Corks makes no representation as to the exact amount of instruction time at the Event.
Capacity Limitations. You may not be able to attend the Event due to capacity limitations of the venue where the Event takes place. Colours N’ Corks recommends that you arrive at the venue at least 30 minutes prior to the start of the Event.
Colours N’ Corks Paintings. Colours N’ Corks may change which painting will be painted at the Event and may make such change without notice to you.
III. UNAUTHORIZED USE
Colours N’ Corks paintings are developed by, and for, Colours N’ Corks. With the exception of your painting at the Event, you may not copy or reproduce Colours N’ Corks paintings or any portion thereof, and you may not sell, lease or distribute any reproduction of any Colours N’ Corks painting, including the painting that you paint at your Event. Any unauthorized uses of Colours N’ Corks paintings or the Website are strictly prohibited.
By using the Colours N’ Corks Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Colours N’ Corks. For example, Colours N’ Corks may send you newsletters about new Colours N’ Corks features, special offers, promotional announcements and customer surveys via email or other methods. For Colours N’ Corks Canadian customers, your express and/or implied consent begins from the moment you utilize the Colours N’ Corks Service, and lasts until you (a) inform Colours N’ Corks 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 firstname.lastname@example.org and ask to be removed from such future correspondence. You may also contact Colours N’ Corks by regular mail at 905 – 10 Avenue SE, High River, Alberta, T1V 1K6, Canada.
In addition, by utilizing the Colours N’ Corks Service you expressly and/or impliedly consent to receiving electronic communications from Colours N’ Corks 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 Colours N’ Corks Service. These communications are part of your relationship with Colours N’ Corks and you receive them as part of the Colours N’ Corks Service. You agree that any notice, agreements, disclosure or other communications that Colours N’ Corks sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Colours N’ Corks will not sell your email address to any third party.
Colours N’ Corks promotions may not be combined with any other offers or your Ticket. You may cancel your evening with Colours N’ Corks at anytime. However, there are no refunds or credits for unused promotional tickets.
Colours N’ Corks 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. Colours N’ Corks is not responsible for the products and services provided by such third parties. Colours N’ Corks reserves the right to modify, terminate or otherwise amend Colours N’ Corks offered promotional tickets.
By purchasing a Ticket, you are expressly agreeing that Colours N’ Corks 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 Colours N’ Corks 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 Colours N’ Corks 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, Colours N’ Corks may provide a refund, discount, or other consideration (“credits”) to some or all of Colours N’ Corks customers. The amount and form of such credits, and the decision to provide them, are at Colours N’ Corks 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 Colours N’ Corks to provide credits in the future, under any circumstance. Colours N’ Corks may change the fees and charges in effect, or add new fees and charges from time to time, but Colours N’ Corks will give you advance notice of these changes by email.
Colours N’ Corks will bill the Ticket fee to the Payment Method you provide to Colours N’ Corks during your purchase of the Ticket.
VII. RIGHT TO TERMINATE
Colours N’ Corks reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.
Colours N’ Corks does not warrant that any of the events or materials used in connection with the Service, nor does Colours N’ Corks warrant the operation of the Service.
VIII. SOCIAL MEDIA
You can connect Colours N’ Corks 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 Colours N’ Corks 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 will be able to see (on Facebook and on Colours N’ Corks) that you are a Colours N’ Corks customer as well as what you have painted, eaten or had to drink, with whom you attended an event, and other information about your use of the Colours N’ Corks Service. You will also be able to see similar information about your Facebook friends who are connected with Colours N’ Corks. In addition, Colours N’ Corks 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 COLOURS N’ CORKS 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 COLOURS N’ CORKS ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT COLOURS N’ CORKS AT INFO@COLOURSNCORKS.COMTO HAVE YOUR INFORMATION REMOVED. Colours N’ Corks 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.
IX. CUSTOMER REVIEWS
Colours N’ Corks encourages you to post reviews of Colours N’ Corks events through the Service. Colours N’ Corks reserves the right to promote, reject, remove or edit such content at anytime 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 Colours N’ Corks or its personnel, misleading information regarding the origin of the content; or a discussion of Colours N’ Corks policies or services. You understand and agree that Colours N’ Corks may, but is not obligated to, review the content and may delete or remove it (without notice) in Colours N’ CORKS sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
WHEN YOU HAVE SUBMITTED A REVIEW, COLOURS N’ CORKS WILL 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 COLOURS N’ CORKS 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.
X. AGE RESTRICTION
The Colours N’ Corks Service shall not be used by children (unless the venue allows children during their regular everyday business – events that allow children will be clearly marked on the website). The Colours N’ Corks Service is only for adults who are of the legal drinking age (or older) in the venue where your Event is being held. Colours N’ Corks 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 Colours N’ Corks or its licensee discovers that an Event attendee is under the legal drinking age in the venue where your Event is held, Colours N’ Corks or its licensee will refuse to offer instruction to any under age individual, regardless of whether that individual has a Ticket to the Event. Colours N’ Corks 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.
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 Colours N’ Corks 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 COLOURS N’ CORKS. Some of these TPS may even use Colours N’ Corks trademarks in connection with your Event. Colours N’ Corks 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 Colours N’ Corks 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 Colours N’ Corks harmless, as set forth in Section XXXII 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 Colours N’ Corks harmless, as set forth in Section XXXII 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 Colours N’ Corks, unless otherwise indicated by Colours N’ Corks. COLOURS N’ CORKS DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify Colours N’ Corks, as set forth in Section XXXII hereof, for any and all claims made as the result of the provision of TPS at your Event.
XII. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILTY
THE COLOURS N’ CORKS SERVICE, COLOURS N’ CORKS WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE COLOURS N’ CORKS SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COLOURS N’ CORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE COLOURS N’ CORKS SERVICE, COLOURS N’ CORKS WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE COLOURS N’ CORKS SERVICE, AND YOUR EVENT. COLOURS N’ CORKS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE COLOURS N’ CORKS SERVICE, COLOURS N’ CORKS WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE COLOURS N’ CORKS SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT COLOURS N’ CORKS MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE COLOURS N’ CORKS SERVICE AND YOUR EVENT, INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. COLOURS N’ CORKS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, COLOURS N’ CORKS PAINTINGS, AND EQUIPMENT. Without limiting the foregoing, Colours N’ Corks assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of Colours N’ Corks): (i) errors or omissions in the content delivered by the Colours N’ Corks Service or on the Colours N’ Corks Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Colours N’ Corks Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Colours N’ Corks Website, or otherwise through the Colours N’ Corks 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 Colours N’ Corks Service itself, including any losses or damages arising from the Colours N’ Corks Service, Website, Equipment, your Event, or TPS. COLOURS N’ CORKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PAINTING. In addition, Colours N’ Corks does not represent or warrant that the information accessible via the Website is accurate, complete or current. Colours N’ Corks does not make any representations with respect to the content contained on events from the Colours N’ Corks Service or the descriptions of any event content contained on Colours N’ Corks Website and user interfaces. Colours N’ Corks does not represent or guarantee that your use of the Colours N’ Corks Service will be free from interruption, and Colours N’ Corks disclaims any liability with respect thereto. No oral or written information or advice given by Colours N’ Corks or Colours N’ Corks authorized representative shall create a warranty or otherwise constitute a representation binding upon Colours N’ Corks.
IN NO EVENT SHALL COLOURS N’ CORKS, 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 COLOURS N’ CORKS SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE COLOURS N’ CORKS SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL COLOURS N’ CORKS TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE COLOURS N’ CORKS SERVICE, COLOURS N’ CORKS WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE COLOURS N’ CORKS SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.
XIII. INTELLECTUAL PROPERTY
Colours N’ Corks is a registered trademark of Colours N’ Corks. The Colours N’ Corks logo and Colours N’ Corks.com are trademarks or service marks of Colours N’ Corks. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Colours N’ Corks. The trademarks, service marks and trade dress of Colours N’ Corks may not be used or reproduced without prior written approval from Colours N’ Corks and may not be used in connection with any product or service that is not affiliated with Colours N’ Corks, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Colours N’ Corks, or in any manner that disparages or discredits Colours N’ Corks. 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 Colours N’ Corks. Any images of persons or personalities contained on the Website are not an indication or endorsement of Colours N’ Corks or any particular product or our service unless otherwise indicated.
You agree that Colours N’ Corks 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 painting with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image you painted (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 Colours N’ Corks, any instructor, assistant, or Colours N’ Corks licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the artwork, 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 Colours N’ Corks in any way shall become the property of Colours N’ Corks, may not be reproduced or utilized except as authorized by Colours N’ Corks, and that Colours N’ Corks is free to use all such materials at Colours N’ Corks sole and absolute discretion, including photoshopping and/or altering any portions of any such photographs.
XIV. ENTERTAINMENT AND SERVICE CONTENT
Colours N’ Corks 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 Colours N’ Corks chooses in its sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by Colours N’ Corks 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 Colours N’ Corks, or its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall Colours N’ Corks, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service.
XV. USE OF INFORMATION SUBMITTED
Colours N’ Corks is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Colours N’ Corks (“Feedback”), including responses to questionnaires or through postings to the Colours N’ Corks 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 Colours N’ Corks Service. Colours N’ Corks may also share your information with third parties for purposes of Colours N’ Corks business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Colours N’ Corks, or in responding to questionnaires, you grant Colours N’ Corks 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 Colours N’ Corks 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 Colours N’ Corks. 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 Colours N’ Corks, its members, directors, officers, employees, attorneys, affiliates, 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.
XVI. SERVICE TESTING
From time to time, Colours N’ Corks tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and Colours N’ Corks reserves the right to include you in or exclude you from these tests without notice.
XVII. CUSTOMER SERVICE
If you need assistance, you may find answers and reach Customer Service at any time at email@example.com. Also you can visit Colours N’ Corks FAQ page at www.coloursncorks.com where you will find the answers to many frequently asked questions.
XVIII. YOUR CONDUCT WHEN ACCESSING THE COLOURS N’ CORKS SERVICE
By accessing the Colours N’ Corks Service, including the Website, you agree to use the Colours N’ Corks 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 Colours N’ Corks Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Colours N’ Corks Service. You also agree not to impersonate any other person while using the Colours N’ Corks Service, conduct yourself in a vulgar or offensive manner while using the Colours N’ Corks Service, or use the Colours N’ Corks Service for any unlawful purpose.
XVIX. LINKS AND PAGES
XX. 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. Colours N’ Corks will bill your Payment Method automatically.
XXI. ARBITRATION AGREEMENT
You and Colours N’ Corks agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Colours N’ Corks 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 (“Event Attendees”), and Colours N’ Corks agree that you and Colours N’ Corks 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 elect to seek arbitration, you must first send to Colours N’ Corks, by certified mail, a written notice of such claim (“Notice”). The Notice to Colours N’ Corks must be addressed to: General Counsel, Colours N’ Corks, 905 – 10 Avenue SE, High River, Alberta, T1V 1K6, Canada. 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, INCLUDING ALL EVENT ATTENDEES, AND COLOURS N’ CORKS 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 and Colours N’ Corks 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.
XXII. 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 Colours N’ Corks shall be governed in accordance with the laws of Alberta, without regard to conflict of laws principles, and, as necessary the laws of Canada.
You, including all Event Attendees, and Colours N’ Corks 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 by the Alberta Arbitration and Mediation Society or such other arbitrator as may be agreed to by you and Colours N’ Corks 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 Colours N’ Corks 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 Province of Alberta, and you and Colours N’ Corks hereto irrevocably consent and submit to the exclusive jurisdiction within the Province of Alberta in respect of any such proceeding.
XXIII. WAIVER OF RIGHTS
The failure of Colours N’ Corks 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 Colours N’ Corks may at any time demand strict and complete performance of said terms, covenants and conditions.
XXIV. 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.
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.
XXVI. 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 Colours N’ Corks on the grounds that Colours N’ Corks drafted these Terms.
Both your and Colours N’ Corks 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.
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.
XXIX. FURTHER ASSURANCES
You agree that you shall, at the request of Colours N’ Corks, 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.
XXX. FORCE MAJEURE
Neither you nor Colours N’ Corks 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.
XXXI. 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.
XXXII. DEFENSE AND INDEMNITY
You agree to defend, indemnify, and hold Colours N’ Corks 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 Colours N’ Corks that are related to such circumstances.