Thank you for choosing Todd Conway Arts “EVENTS” service for public painting sessions and other related public events. Signing up for your public Todd Conway Arts EVENTS Service, these terms govern your use of the painting event as well as the use of Todd Conway Arts EVENTS Service purchase of art works, including all features of the Todd Conway Arts website, user experience, all content associated therewith, and the Paint Session Event. By using, visiting, or browsing the Todd Conway Arts “Events” service, you accept and agree to be bound by these terms. If you do not agree to these Terms, you should not use the Todd Conway Arts event service, including the Website.
These Terms are also a resource for you to gain an enriched understanding of how the Todd Conway Arts EVENTS Service, including the kinds of data collected, how bills are processed, how Todd Conway and staff work with you and other useful details about our art products and paint event services. Todd Conway hopes you have a wonderful creative experience.
A. The term “Event” means the Event you have chosen to attend.
B. Payment Method – The term “Payment Method” means the method of your payment for the Event that you indicated during your registration for the Event. “Pay Pal” is currently the method of payment used for Todd Conway Arts Events.
C. All references herein to “you” or “your” shall mean and refer to the person who purchases a Ticket(s) for the Event, and includes any persons that attend the Event utilizing Tickets purchased by you.
D. The term “venue” shall mean the location where the Event will take place.
E. The term “Website” shall mean the website hosted by ToddConwayArts.com (and all pages contained therein).
F. The term “Ticket” or “Tickets” shall mean a revocable license sold to you and for which you have paid.
G. 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 Todd Conway Arts Archive.
II. HOW THE PAINT SESSION EvENts WORK
Todd Conway Arts paint session events are an entertainment service that will provide you with painting instruction at the venue.
Todd Conway Arts reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how Todd Conway Arts operates the Events 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 Todd Conway Arts is constantly making adjustments to the paint session Events Service and often these adjustments are not completely captured within these Terms.
Availability. The availability of Todd Conway Arts 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 Todd Conway Arts sole discretion. While Todd Conway Arts will endeavor to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at Todd Conway Arts sole discretion without notice to you.
Materials Provided. Todd Conway Arts will provide all paints, canvasses, brushes, easels, and aprons (“Equipment”) for the Event. While Todd Conway Arts 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.
Final result. Todd Conway Arts makes no representations or warranties about the quality of your painting or individual experience. Every painting will be unique.
Start Time. Todd Conway Arts 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 Todd Conway Arts 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. Todd Conway Arts recommends that you purchase your tickets in advance and arrive at the venue at least 30 minutes prior to the start of the Event.
III. UNAUTHORIZED USE
Todd Conway Arts paintings are developed by, and for, Todd Conway Arts. With the exception of your painting at the Event, you may not copy or reproduce Todd Conway Arts paintings or any portion thereof, and you may not sell, lease or distribute any reproduction of any Todd Conway Arts painting, including the painting that you paint at your Event. Any unauthorized use of Todd Conway Arts paintings are strictly prohibited.
By using the Todd Conway Arts Events Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Todd Conway Arts. For example, Todd Conway Arts may send you newsletters about new Todd Conway Arts features, special offers, promotional announcements and customer surveys via email or other methods.
In addition, by utilizing the Todd Conway Arts Events Service you expressly and/or impliedly consent to receiving electronic communications from Todd Conway Arts 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 Todd Conway Arts Events Service. These communications are part of your relationship with Todd Conway Arts and you receive them as part of the Todd Conway Arts Events Service. You agree that any notice, agreements, disclosure or other communications that Todd Conway Arts sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Todd Conway Arts promotions may not be combined with any other offers.
You may cancel your evening with Todd Conway Arts at anytime. However, there are no refunds or credits for unused promotional tickets.
Todd Conway Arts 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. Todd Conway Arts is not responsible for the products and services provided by such third parties. Todd Conway Arts reserves the right to modify, terminate or otherwise amend Todd Conway Arts offered promotional tickets.
By purchasing a Todd Conway Arts ticket to your Event, you are expressly agreeing that Todd Conway Arts 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 Todd Conway Arts service to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice. Currently “Pay Pal” is the only method of payment.
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 amount billed for each event may vary from event to event for reasons that may include differing amounts due to promotional offers, and you authorize Todd Conway Arts to charge your Payment Method for such varying amounts.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED EVENTS. At any time, and for any reason, Todd Conway Arts may provide a refund, discount, or other consideration (“credits”) to some or all of Todd Conway Arts customers. The amount and form of such credits, and the decision to provide them, are at Todd Conway Arts 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 Todd Conway Arts to provide credits in the future, under any circumstance. Todd Conway Arts may change the fees and charges in effect, or add new fees and charges from time to time, but Todd Conway Arts will give you advance notice of these changes by email.
Todd Conway Arts will bill the ticket fee to the Payment Method you provide to Todd Conway Arts during registration.
VII. RIGHT TO TERMINATE
Todd Conway Arts reserves the right to terminate or restrict your use of the Event service, without notice, for any or no reason whatsoever.
Todd Conway Arts does not warrant that any of the events or materials used in connection with the Service, nor does Todd Conway Arts warrant the operation of the Service.
VIII. SOCIAL MEDIA
You can connect Todd Conway Arts 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 Todd Conway Arts 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 Todd Conway Arts) that you are a Todd Conway Arts 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 Todd Conway Arts service. You will also be able to see similar information about your Facebook friends who are connected with Todd Conway Arts. In addition, Todd Conway Arts 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 Facebook 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 TODD CONWAY ARTS 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 TODD CONWAY ARTS EVENT/ ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT TODD CONWAY ARTS AT TODDCONWAYARTS@VERIZON.NET TO HAVE YOUR INFORMATION REMOVED. Todd Conway Arts and social media companies are continually making changes and improvements to this feature, and therefore the available features and information that is 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
Todd Conway Arts encourages you to post reviews of Todd Conway Arts events through the Service. Todd Conway Arts 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 Todd Conway Arts or its personnel, misleading information regarding the origin of the content; or a discussion of Todd Conway Arts policies or services. You understand and agree that Todd Conway Arts may, but is not obligated to, review the content and may delete or remove it (without notice) in Todd Conway Arts sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
WHEN YOU HAVE SUBMITTED A REVIEW, TODD CONWAYARTS 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 PAINT NITE SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE 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 Todd Conway Arts Service shall not be used by children in Venues that provide over 21 years of ages I.D. Some, but not all Todd Conway Arts Paint Session Events Service are for adults who are of the legal drinking age (or older) in the venue where your Event is being held. Todd Conway Arts 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 Todd Conway Arts or its licensee discovers that an Event attendee is under the legal drinking age in the venue where your Event is held, Todd Conway Arts or its licensee will refuse to offer instruction to any under age individual, regardless of whether that individual has a Ticket to the Event. Todd Conway Arts 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 Todd Conway Arts 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 TODD CONWAY ARTS. Some of these TPS may even use Todd Conway Arts trademarks in connection with your Event. Todd Conway Arts 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 Todd Conway Arts 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 Todd Conway Arts harmless 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 Todd Conway Arts harmless from all claims involving or relating 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 Todd Conway Arts, unless otherwise indicated by Todd Conway Arts. TODD CONWAY ARTS DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify Todd Conway Arts 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 TODD CONWAY ARTS EVENT SERVICE, TODD CONWAY ARTS WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE TODD CONWAY ARTS EVENT SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TODD CONWAY ARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE TODD CONWAY ARTS EVENT SERVICE, TODD CONWAY ARTS WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE TODD CONWAY ARTS EVENT SERVICE, AND YOUR EVENT. TODD CONWAY ARTS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TODD CONWAY ARTS EVENT SERVICE, TODD CONWAY ARTS WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE TODD CONWAY ARTS SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT TODD CONWAY ARTS MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE TODD CONWAY ARTS AND YOUR EVENT, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. TODD CONWAY ARTS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, TODD CONWAY ARTS PAINTINGS, AND EQUIPMENT. Without limiting the foregoing, Todd Conway Arts assumes no liability or responsibility for any of the following(except in the case of gross negligence or willful misconduct on the part of TODD CONWAY ARTS): (i) errors or omissions in the content delivered by the Todd Conway Arts Service or on the Todd Conway Arts Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Todd Conway Arts Event Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Todd Conway Arts Website, or otherwise through the Todd Conway Arts 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 Todd Conway Arts Event Service itself, including any losses or damages arising from the Todd Conway Arts Event Service, Website, Equipment, your Event, or TPS. TODD CONWAY ARTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PAINTING. In addition, Todd Conway Arts does not represent or warrant that the information accessible via the Website is accurate, complete or current. Todd Conway Arts does not make any representations with respect to the content contained on events from the Todd Conway Arts Event Service or the descriptions of any event content contained on Todd Conway Arts Website and user interfaces. Todd Conway Arts does not represent or guarantee that your use of the Todd Conway Arts Event Service will be free from interruption, and Todd Conway Arts disclaims any liability with respect thereto. No oral or written information or advice given by Todd Conway Arts or Todd Conway Arts authorized representative shall create a warranty or otherwise constitute a representation binding upon Todd Conway Arts.
IN NO EVENT SHALL TODD CONWAY ARTS, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER 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 TODD CONWAY ARTS SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE TODD CONWAY ARTS SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL TODD CONWAY ARTS TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE TODD CONWAY ARTS, TODD CONWAY ARTS WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE TODD CONWAY ARTS SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.
XIII. INTELLECTUAL PROPERTY
The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Todd Conway Arts. The trademarks, service marks and trade dress of Todd Conway Arts may not be used or reproduced without prior written approval from and may not be used in connection with any product or service that is not affiliated with, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Todd Conway Arts, or in any manner that disparages or discredits Todd Conway Arts. 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 Todd Conway Arts. Any images of persons or personalities contained on the Website are not an indication or endorsement of Todd Conway Arts or any particular product or our service unless otherwise indicated.
You agree that Todd Conway Arts 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 Todd Conway Arts, any instructor, assistant, or Todd Conway Arts agent or employee, 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 Todd Conway Arts in any way shall become the property of Todd Conway Arts, and may not be reproduced or utilized except as authorized by Todd Conway Arts, and that Todd Conway Arts is free to use all such materials at Todd Conway Arts sole and absolute discretion.
XIV. ENTERTAINMENT AND SERVICE CONTENT
Todd Conway Arts 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 Facebook, to you and others in any manner Todd Conway Arts 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 Todd Conway Arts 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 Todd Conway Arts, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns. Under no circumstances shall Todd Conway Arts, 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
Todd Conway Arts is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Todd Conway Arts (“Feedback”), including responses to questionnaires or through postings to the Todd Conway Arts 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 Todd Conway Arts Service. Todd Conway Arts may also share your information with third parties for purposes of Todd Conway Arts business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Todd Conway Arts, or in responding to questionnaires, you grant Todd Conway Arts 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 Todd Conway Arts 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 Todd Conway Arts. 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 Todd Conway Arts, its members, directors, officers, employees, 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.
XVI. SERVICE TESTING
From time to time, Todd Conway Arts tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and Todd Conway Arts reserves the right to include you in or exclude you from these tests without notice.
XVII. CUSTOMER SERVICE
If you need assistance, feel free to contact Todd Conway Arts at ToddConwayArts@verizon.net
XVIII. YOUR CONDUCT WHEN ACCESSING THE PAINT NITE SERVICE
By accessing the Todd Conway Arts Service, including the Website, you agree to use the Todd Conway Arts EVENTS 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 Todd Conway Arts EVENTS Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Todd Conway Arts EVENTS Service. You also agree not to impersonate any other person while using the Todd Conway Arts EVENTS Service, conduct yourself in a vulgar or offensive manner while using the Todd Conway Arts EVENTS Service, or use the Todd Conway Arts EVENTS Service for any unlawful purpose.
XIX. LINKS AND PAGES
XX. ARBITRATION AGREEMENT
You and Todd Conway Arts agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Todd Conway Arts EVENTS Service, including the Website, user interfaces, these Terms, 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. 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 Todd Conway Arts, by certified mail, a written notice of such claim (“Notice”). The Notice to Todd Conway Arts must be addressed to: General Counsel, Todd Conway Arts 1316 South Highland Avenue Baltimore MD. 21224. 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 TODD CONWAY ARTS 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 Todd Conway Arts 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.
XXI. 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 Todd Conway Arts shall be governed in accordance with the laws of the Commonwealth of Maryland, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.
This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Event.
XXII. WAIVER OF RIGHTS
The failure of Todd Conway Arts 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 Todd Conway Arts may at any time demand strict and complete performance of said terms, covenants and conditions.
XXIII. 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.
XXV. 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 Todd Conway Arts on the grounds that Todd Conway Arts drafted these Terms.
Both your and Todd Conway Arts 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.
You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself.
XXVIII. FURTHER ASSURANCES
You agree that you shall, at the request of Todd Conway Arts, 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.
XXIX. FORCE MAJEURE
Neither you nor Todd Conway Arts 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.
XXX. 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.
You agree to defend, indemnify, and hold Todd Conway Arts harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the attendance of the Event 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 Todd Conway Arts that are related to such circumstances. PRIVACY ABOUT US