ART BOX TERMS OF USE FOR EVENTS

Thank you for booking or attending an ART BOX (“ART BOX”) event (the “Event”)! These Terms of Use (the “Terms”) govern your use of the ART BOX Service, as well as the use of the ART BOX Service, including all features of ART BOX’s website (the “Website”), user experience, all content associated therewith, and the Event (collectively the “ART BOX Service” or “Service”). By using, visiting, or browsing the ART BOX Service, you accept and agree to be bound by these terms. If you do not agree to these Terms, you should not use the ART BOX Service, including the Website.

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

 

I. DEFINITIONS

  1. The term “Event” means the Event you have chosen to host or attend.

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

  3. All references herein to “you”, or “your” shall mean and refer to the person who booked the Event, and includes any persons that attend the Event booked by you.

  4. All references herein to “host” shall mean and refer to the person who booked the Event.

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

  6. The term “Website” shall mean the website hosted by ART BOX: www.artboxny.com (and all pages contained therein).

  7. The term “Deposit” or “Deposit fee” shall mean and refer to the portion of the funds at the then current rate required to register for an event for which you have paid which will be deducted from 1 attendee’s event payment.

  8. The term “Event fee” shall mean and refer to the payment charged to each event participant at the then current rate.

  9. 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 ART BOX Gallery.

 

II.    HOW THE ART BOX SERVICE WORKS

ART BOX is an entertainment service that will provide you with a session of painting instruction at the venue.

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

Materials provided. ART BOX will provide all paints, canvasses, brushes, easels, and aprons (“Equipment”) for the Event. While ART BOX 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 may be affected by a variety of factors.

End result. ART BOX makes no representations or warranties about the quality of your painting or individual experience. 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. ART BOX will make every effort to begin the instruction at the designated start time and complete the instruction in under three hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and ART BOX makes no representation as to the exact amount of instruction time at the Event.

Capacity limitations. ART BOX currently accepts Event bookings of eight painters or less via the Website. Larger parties may be accommodated at ART BOX’s discretion and may be subject to additional terms and conditions.

ART BOX paintings. ART BOX may change which painting will be painted at the Event and may make such change without notice to you.

 

III. UNAUTHORIZED USE

Certain ART BOX paintings are developed by, and for, ART BOX. With the exception of your painting at the Event, you may not copy or reproduce any ART BOX developed paintings or any portion thereof, and you may not sell, lease or distribute any reproduction of any ART BOX painting, including the painting that you paint at your Event. Any unauthorized use of ART BOX developed paintings are strictly prohibited.

IV.    PRIVACY POLICY AND COMMUNICATION WITH YOU

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

By using the ART BOX Service, you are expressly and / or impliedly consenting to receive communications, electronic or otherwise, from ART BOX. For example, ART BOX may send you newsletters about new ART BOX features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email info@artboxny.com and ask to be removed from such future correspondence. You may also contact ART BOX by email at info@artboxny.com.

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

 

V.    PROMOTIONS

ART BOX promotions may not be combined with any other offers.

You may cancel your session with ART BOX at anytime. However, there are no refunds or credits for unused promotional tickets.

ART BOX may offer a number of special promotional tickets with different limitations. ART BOX reserves the right to modify, terminate or otherwise amend ART BOX offered promotional tickets.

 

VI.    BILLING

By booking ART BOX Event, you are expressly agreeing that ART BOX is authorized to charge you a Deposit fee at the then current rate, and any other charges you may incur in connection with your use of the ART BOX Service to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice. The deposit will be deducted from the ticketed price of the “host” who booked the Event, or another attendee as designated by the host.

By booking or attending an ART BOX Event, you are expressly agreeing that ART BOX is authorized to charge you an Event fee at the then current rate based on the number of painters attending the Event, and any other charges you may incur in connection with your use of the ART BOX Service to the selected Payment Method. 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 Deposit fee will be billed on the day you book the Event, and the Event fee will be collected 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 or other factors, and you authorize ART BOX to charge your Payment Method for such varying amounts. Please note that prices and charges are subject to change with notice.

Deposit and Event fees and charges are fully earned upon payment. DEPOSIT FEE PAYMENTS BECOME NONREFUNDABLE UPON CANCELLATION OR RESCHEDULING OF AN EVENT WITHIN 48 HOURS OF THE INITIALLY REGISTERED TIME. EVENT FEE PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED EVENTS. At any time, and for any reason, ART BOX may provide a refund, discount, or other consideration (“credits”) to some or all of ART BOX’s customers. The amount and form of such credits, and the decision to provide them, are at ART BOX’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate ART BOX to provide credits in the future, under any circumstance. ART BOX may change the fees and charges in effect, or add new fees and charges from time to time, but ART BOX will give you advance notice of these changes by email.

ART BOX will bill the Event fee to the Payment Method you provide to ART BOX during the event.


VII.    RIGHT TO TERMINATE

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

ART BOX does not warrant that any of the events or materials used in connection with the Service, nor does ART BOX warrant the operation of the Service.

 

VIII.    SOCIAL MEDIA

You can connect ART BOX 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 ART BOX 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 ART BOX) that you are an ART BOX customer as well as what you have painted, eaten or had to drink, with whom you attended a session, and other information about your use of the ART BOX service. You will also be able to see similar information about your Facebook friends who are connected with ART BOX. In addition, ART BOX 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 ART BOX 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 ART BOX ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT ART BOX AT INFO@ARTBOXNY.COM TO HAVE YOUR INFORMATION REMOVED. ART BOX 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

ART BOX encourages you to post reviews of ART BOX events through the Service. ART BOX 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 ART BOX or its personnel, misleading information regarding the origin of the content; or a discussion of ART BOX policies or services. You understand and agree that ART BOX may, but is not obligated to, review the content and may delete or remove it (without notice) in ART BOX’s sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, ART BOX 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 ART BOX 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 ART BOX Service shall not be used by children under 18 years of age. ART BOX is not responsible in any manner if persons under the age of 18 where the Event is being held attend the Event. ART BOX 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.

 

XI.    VENUE

At the Event, you may encounter third-party services (“TPS”), including, but not limited to food and beverage service from a third-party where your Event will take place. These TPS are provided solely as a convenience to you, and ART BOX 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 ART BOX. Some of these TPS may even use ART BOX trademarks in connection with your Event. ART BOX 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 ART BOX 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 ART BOX 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 ART BOX 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 ART BOX, unless otherwise indicated by ART BOX. ART BOX DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify ART BOX for any and all claims made as the result of the provision of TPS at your Event.

 

XII.    DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

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

IN NO EVENT SHALL ART BOX, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, 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 ART BOX SERVICE, THE WEBSITE, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE ART BOX SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL ART BOX’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE ART BOX SERVICE, ART BOX’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE ART BOX SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE EVENT FEE PRICE FOR THE EVENT.

 

XIII.    INTELLECTUAL PROPERTY

You agree that ART BOX 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 ART BOX, any instructor, or assistant, 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 ART BOX in any way shall become the property of ART BOX, and may not be reproduced or utilized except as authorized by ART BOX, and that ART BOX is free to use all such materials at ART BOX’s sole and absolute discretion.

 

XIV.    ENTERTAINMENT AND SERVICE CONTENT

ART BOX 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 ART BOX 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 ART BOX 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 ART BOX, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns. Under no circumstances shall ART BOX, 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

ART BOX is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to ART BOX (“Feedback”), including responses to questionnaires or through postings to the ART BOX 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 ART BOX Service. ART BOX may also share your information with third parties for purposes of ART BOX’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to ART BOX, or in responding to questionnaires, you grant ART BOX 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 ART BOX 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 ART BOX. 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 ART BOX, 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, ART BOX tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, delivery, and pricing, and ART BOX 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 info@artboxny.com. Also you can visit ART BOX’s FAQ page at www.artboxny.com where you will find the answers to many frequently asked questions.

 

XVIII. YOUR CONDUCT WHEN ACCESSING THE ART BOX SERVICE

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

 

XIX.    LINKS AND PAGES

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

 

XX.    PROMOTIONS WITH COUPON 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. ART BOX will bill your Payment Method automatically.

 

XXI.    ARBITRATION AGREEMENT

You and ART BOX agree that any dispute, claim, action, or controversy arising out of or relating in any way to the ART BOX 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. Arbitrators may award the same damages and relief that a court can award.

If you elect to seek arbitration, you must first send out an email to ART BOX, with title, (“Notice”). The Notice to ART BOX must be sent to: info@artboxny.com. 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 ART BOX 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 ART BOX 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 ART BOX shall be governed in accordance with the laws of the State of New York, 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.

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 ART BOX 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 State of New York.

 

XXIII. WAIVER OF RIGHTS

The failure of ART BOX 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 ART BOX 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.

 

XXV. SEVERABILITY

If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect.

 

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 ART BOX on the grounds that ART BOX drafted these Terms.

 

XXVII. SURVIVAL

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

 

XXVIII. AUTHORITY

You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself.

 

XXIX. FURTHER ASSURANCES

You agree that you shall, at the request of ART BOX, 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 ART BOX 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 payment of your Deposit Fee, the payment of your Event fee, and the acknowledgement of these Terms and future transactions, by electronic means.

 

XXXII. INDEMNITY

You agree to defend, indemnify, and hold ART BOX 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 ART BOX that are related to such circumstances.