Terms and Conditions

Terms and Conditions

Agreement between User and vinoandcanvas.com

Welcome to vinoandcanvas.com. The vinoandcanvas.com website (the “Site”) is comprised of various web pages operated by Melt Productions LLC DBA Vino and Canvas (“Vino and Canvas”). vinoandcanvas.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of vinoandcanvas.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.vinoandcanvas.com is an E-Commerce Site.

To sell art class services.

Privacy

Your use of vinoandcanvas.com is subject to Vino and Canvas’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting vinoandcanvas.com or sending emails to Vino and Canvas constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Vino and Canvas does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use vinoandcanvas.com only with permission of a parent or guardian.

Cancellation/Refund Policy

All cancellations or class reschedules must be made via email to info@vinoandcanvas.com at least 48 hours before your scheduled class date and time. This provides Vino and Canvas the opportunity to fill your space and grant you a full refund. Our events do require a significant amount of planning and seats are limited, therefore we do require advanced notice of cancellations or reschedules. In the event that you do not cancel or reschedule 48 hours prior to the event you will be subject to a rescheduling fee. Only one reschedule allowed per person. In the event that you do not attend the class, your registration fees will be forfeited. There are no refunds. Public classes are subject to cancellation without a minimum of 10 registered attendees. In the event of a cancellation all customers will be notified 24 hours before event start time via phone and email if a class cancellation occurs.

Links to Third Party Sites/Third Party Services

vinoandcanvas.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Vino and Canvas and Vino and Canvas is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vino and Canvas is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vino and Canvas of the site or any association with its operators.

Certain services made available via vinoandcanvas.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the vinoandcanvas.com domain, you hereby acknowledge and consent that Vino and Canvas may share such information and data with any third party with whom Vino and Canvas has a contractual relationship to provide the requested product, service or functionality on behalf of vinoandcanvas.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use vinoandcanvas.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Vino and Canvas that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vino and Canvas or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vino and Canvas content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vino and Canvas and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vino and Canvas or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Vino and Canvas from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vino and Canvas Content accessed through vinoandcanvas.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Vino and Canvas, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vino and Canvas reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vino and Canvas in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MELT PRODUCTIONS LLC DBA VINO AND CANVAS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MELT PRODUCTIONS LLC DBA VINO AND CANVAS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MELT PRODUCTIONS LLC DBA VINO AND CANVAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MELT PRODUCTIONS LLC DBA VINO AND CANVAS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MELT PRODUCTIONS LLC DBA VINO AND CANVAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Vino and Canvas reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vino and Canvas as a result of this agreement or use of the Site. Vino and Canvas’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vino and Canvas’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vino and Canvas with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vino and Canvas with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vino and Canvas with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Vino and Canvas reserves the right, in its sole discretion, to change the Terms under which vinoandcanvas.com is offered. The most current version of the Terms will supersede all previous versions. Vino and Canvas encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Vino and Canvas welcomes your questions or comments regarding the Terms:

Melt Productions LLC DBA Vino and Canvas

4815 E Carefree Hwy, 108-480

Cave Creek, Arizona 85331

Email Address:

info@vinoandcanvas.com

Telephone number:

480-420-6005

Effective as of December 1, 2012.