Eat and drink while painting! Unleash your creative juices while relaxing and having fun! It will take around a couple of hours for you to materialize on your canvas an inspirational art piece while dining at one of the finest local restaurants or a place of your choosing. Yes, you can achieve this with no prior skills necessary. I, Dorothy Wawa, the instructor, will guide you through each step of a unique dining-painting experience. All the necessary materials will be provided.The setting is conducive to unleashing your inner artist and to stimulating cheerful socializing. You will be increasingly inspired through the process. The more you ease into the relaxed atmosphere, the more your painting talents will show on your canvas. You will enjoy the satisfaction of producing your own keepsake or present that will be reminiscent of one of the most enthusing dining moments you will ever experience.
Art Director
I have always been drawing, coloring, creating for as long as I can remember.
I have attended the Miami International University of Art and Design for my bachelor of fine art degree. I went on to pursue a master's degree in education at the University of Florida. I have been teaching the visual arts since 2006 with the Miami-Dade County Public Schools. I have been facilitating workshops as an AmBassador for the Bass Museum of Art since 2016. I am also an Author/Illustrator of children's picture books.
I love colors. I attribute them to hold mystical powers. Bright colors. Pastel colors. Colors that sing, colors that pray, colors that praise. I was afraid of the power of colors for a long time. Still am. Then, I slowly began to have a conversation with colors. Timid, but nonetheless a tête-à-tête took life. And now colors and I are on good terms.
I love basic shapes. Yet, I cannot help but complicate my lines to the point that they take over my original intent of staying simple.
I get excited at the prospect of depicting human emotions with social undertones; especially the ones that seem deeply buried.
I am captivated by the resiliency of children, their capacity to radiate and explode with life regardless of their environment.
Our world is lush. I’m one witness of its vibrations. Henceforth my art style and inspiration follows along with where I witness life.
I am Dorothy Wawa, your host artist.
Artertaining paintings are
developed by, and for, Artertaining. You may not copy or reproduce the
paintings or any portion thereof. Any unauthorized use of the paintings are
strictly prohibited
For samples of my artwork and further details about my credentials visit dorothywawa.blogspot.com
ACCEPTANCE OF TERMS OF USE
These Terms
of Use govern your use of the Artertaining service, including all features and
our blog and user experience, and all content associated therewith (the
“Artertaining service” or “service”). By using, visiting, or browsing
the Artertaining service, you accept and agree to be bound by these
Terms of Use. If you do not agree to these Terms of Use, you should not use
the Artertaining service, including our blog.
These Terms
of Use govern your use of the Artertaining service and you should
read them carefully. The Artertaining is provided
by Artertaining, LLC.
These Terms
of Use provide that all disputes between you and Artertaining will be
resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT
to assert or defend your rights under this contract (except for matters that
may be taken to small claims court). Your rights will be determined by a
NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as
a class action. Please review the Arbitration Agreement below for the details
regarding your agreement to arbitrate any disputes with Artertaining.
These Terms
of Use are also a resource for you to get a deeper understanding of how our
service works, including the kinds of data we collect, the way we bill, how we
interact with you and other useful details about our service. We hope you enjoy
your Artertaining experience.
CHANGES TO TERMS OF USE
Artertaining reserves
the right, from time to time, with or without notice to you, to change these
Terms of Use, in our sole and absolute discretion. The most current version of
the Terms of Use will supersede all previous versions.
HOW THE ARTERTAINING SERVICE WORKS
Artertaining
is an entertainment service providing its customers with a couple of hours of
painting instruction at local eating and drinking establishments.
We reserve
the right in our sole and absolute discretion to make changes from time to time
and without notice in how we operate our service. Any description of how our
service works should not be considered a representation or obligation with
respect to how the service will always work. We are constantly making
adjustments to our service and often these adjustments are not completely captured
within these Terms of Use.
Availability.
The availability of Artertaining 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 painter may also change at our sole discretion
without notice.
Materials
Provided. The quality of the paint, canvas, brushes, easel, aprons and artist
may vary from event to event, and venue to venue, and may be affected by a
variety of factors, such as your location at the event and the lighting in that
particular area of the establishment.
End
result. Artertaining 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: Artertaining will make every effort to begin the instruction at
the designated start time and complete the instruction under 2 hours, however,
the time it takes to begin and complete the instruction will vary based on a
number of factors.
Capacity
Limitations: You may not be able to attend an Artertaining event due
to capacity limitations of the venue. We recommend you purchase your tickets in
advance and arrive 30 minutes prior to the start of the event.
Artertaining
paintings: Artertaining may change what paintings will be painted on a
particular night and may change without notice.
PRIVACY AND COMMUNICATIONS PREFERENCES
Any
personally identifying information submitted through the Artertaining service
is subject to our Privacy Policy, the terms of which are incorporated herein.
By using our
service, you are consenting to receive certain communications from us. For
example, Artertaining may send you newsletters about new Artertaining 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
Artertaining@gmail.com and ask to be removed from future correspondence.
By using the
Artertaining service, you consent to receiving electronic communications from Artertaining.
These communications will include 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 our
service. These communications are part of your relationship with Artertaining
and you receive them as part of the Artertaining service. You agree that any
notice, agreements, disclosure or other communications that we send to you
electronically will satisfy any legal communication requirements, including
that such communications be in writing.
PROMOTIONS
ARTERTAINING PROMOTIONS MAY NOT BE COMBINED WITH ANY OTHER OFFERS.
You may cancel
your evening with Artertaining at anytime; however, there are no refunds or
credits for un-used promotional tickets.
We 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. We are not responsible for the
products and services provided by such third parties. We reserve the right to
modify, terminate or otherwise amend our offered promotional tickets.
BILLING
By
purchasing a Artertaining ticket, you are expressly agreeing that we are
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 Artertaining service
to the Payment Method you provided during registration. Please note that prices
and charges are subject to change with notice.
As used in
these Terms of Use, “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 each for each event may vary from event to
event for reasons that may include differing amounts due to promotional offers,
and you authorize us 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 EVENTS. At any time, and
for any reason, we may provide a refund, discount, or other consideration to
some or all of our customers (“credits”). The amount and form of such credits,
and the decision to provide them, are at our 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 us to provide credits in the
future, under any circumstance. We may change the fees and charges in effect,
or add new fees and charges from time to time, but we will give you advance
notice of these changes by email.
We will bill
the ticket fee to the Payment Method you provide to us during registration.
Ticket fees are fully earned upon payment.
CANCELLATION
You may
cancel your Artertaining ticket at any time. WE DO NOT PROVIDE REFUNDS OR
CREDITS FOR ANY PARTIAL OR UNUSED EVENT TICKETS WITHOUT A 48 HOUR NOTICE PRIOR
TO THE EVENT. WRITTEN NOTIFICATION SHOULD BE SENT TO ARTERTAINING@GMAIL.COM
WITH THE SUBJECT “Cancellation”. We will make an attempt to give you a credit
to attend a future Artertaining event within 30 days of your cancellation based
on availability of future events that you would like to attend.
RIGHT TO TERMINATE
We reserve
the right to terminate or restrict your use of our service, without notice, for
any or no reason whatsoever.
END USER
LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE ARTERTAINING
END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM
TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED
VERSIONS OF THE ARTERTAINING AND RELATED THIRD-PARTY. IF YOU DO NOT ACCEPT THE
FOREGOING TERMS, DO NOT USE OUR SERVICE.
We do not
warrant that any of the events or materials used in connection with our service
nor do we warrant that operation of our service.
SOCIAL MEDIA
You can
connect Artertaining to your Facebook account. If you choose to connect, you'll
be able to take advantage of various social features we will be creating as
part of the Artertaining service, as well as features available on Facebook.
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 Artertaining)
that you're a Artertaining customer as well as what you've painted, eaten or
had to drink, and who you attended the event with, and other information about
your use of the Artertaining service. You'll also be able to see similar information
about your Facebook friends who are connected with Artertaining. In addition, Artertaining
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 who it is shared with.
While we
hope that you find the Facebook feature to be a great way to share information
about your Artertaining experience.
BY
CONNECTING THE ARTERTAINING ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE
AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT
YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS
ON FACEBOOK AND YOUR ACCOUNT SETTINGS ON ARTERTAINING). IF YOU DO NOT WANT
INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR ARTERTAINING
ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT ARTERTAINING TO HAVE YOUR
INFORMATION REMOVED. We and Facebook 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 of Use.
CUSTOMER REVIEWS
We encourage
you to post reviews of Artertaining events through the Artertaining service. We
reserve 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 Artertaining‚ creative personnel; misleading
information
regarding the origin of the content; or a discussion of Artertaining policies
or services. You understand and agree that we may, but are not obligated to,
review the content and may delete or remove it (without notice) in our sole and
absolute discretion, for any reason or no reason. Please also see “Use of
Information Submitted” below.
WHEN YOU
HAVE SUBMITTED A REVIEW, WE 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 ARTERTAINING
SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT
USE REVIEW AN EVENT OR THE ARTERTAINING SERVICE.
The Reviews
feature may change without notice to you and the degrees of associated
information sharing and functionality may also change without notice.
AGE RESTRICTION
Most of the Artertaining services are for
Adults 21 years and older. Artertaining will cater to children when a specific agreement has been reached upon.
VENUE
You may
encounter third-party services, SUCH AS FOOD AND DRINK, from the venues where
you interact with the Artertaining service. These third-party services are
provided solely as a convenience to you, and Artertaining is not responsible
for and does not endorse the food, beverage or service provided.
SUCH
SERVICES ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO,
ASSOCIATED WITH OR SPONSORED BY ARTERTAINING. Some of these third-party
services may even use Artertaining trademarks. Artertaining is not responsible
for and does not endorse the content of such third-party services. You will
need to make your own independent judgment regarding your interaction with
these third-party services. If you choose, at your sole and absolute discretion
and risk, to use a third-party services. By using such third-party services,
you acknowledge and agree to the following: (i) your use of an third-party
services may cause personally identifying information, such as a photo, to be
publicly disclosed and/or associated with you, even if Artertaining has not
provided such information; and (ii) your USE OF AN third- party service IS AT
YOUR OWN OPTION AND RISK, and you will hold Artertaining harmless for the
sharing of information relating to your Artertaining experience that results
from your use of an third-party service. If you have any questions, concerns,
complaints, or claims about the third-party services, you should contact the
support or contact personnel of the third-party services and not Artertaining,
unless otherwise indicated by Artertaining. ARTERTAINING DISCLAIMS ALL
LIABILITY ARISING FROM YOUR USE OF third-party services.
Disclaimers
of Warranties and Limitations on Liability
THE ARTERTAINING
SERVICE, INCLUDING OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY
OTHER FEATURES ASSOCIATED WITH THE ARTERTAINING SERVICE, ARE PROVIDED “AS IS”
AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ARTERTAINING
SERVICE, OUR WEBSITE AND USER EXPERIENCE, AND ALL CONTENT ASSOCIATED THEREWITH.
ARTERTAINING DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ARTERTAINING
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ARTERTAINING
MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ARTERTAINING
SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. ARTERTAINING
SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIRD-PARTY SERVIC ES, ARTERTAINING
PAINTINGS, AND ARTERTAINING EQUIPMENT. Without limiting the foregoing, we
assume no liability or responsibility for any of the following: (i) errors or
omissions in the content delivered by the Artertaining service or on the Artertaining
website or user interfaces; (ii) recommendations or advice of Customer Service;
(iii) any failure or interruption in the availability of the Artertaining service
and/or website or user interfaces, (iv) delivery and or display of any content
contained on the Artertaining website, or otherwise through the Artertaining
service; and (vii) any losses or damages arising from the use of the paint or
equipment provided at the Artertaining event, or otherwise through the Artertaining
service itself, including any losses or damages arising from the Artertaining
service, website or equipment. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF
SATISFACTORY QUALITY OF YORU PAINTING. In addition, we do not represent or
warrant that the information accessible via our site is accurate, complete or
current. We do not make any representations with respect to the content
contained on events from the Artertaining service or the descriptions of any
event content contained on our website and user interfaces. We do not represent
or guarantee that your use of the Artertaining service will be free from
interruption, we disclaim any liability with respect thereto. No oral or
written information or advice given by us or our authorized representative
shall create a warranty or otherwise constitute a representation binding upon Artertaining.
IN NO EVENT
SHALL ARTERTAINING, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES 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 PAINT, 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 ARTERTAINING SERVICE, OUR
WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE ARTERTAINING
SERVICE, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR
INABILITY TO USE THE ARTERTAINING SERVICE, INCLUDING OUR WEBSITE AND USER
INTERFACES, AND ALL CONTENT ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED
BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE
MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL
APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY
APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF
THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO
BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND
THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY
WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
ARTERTAINING
MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ARTERTAINING READY DEVICES OR
THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.
INTELLECTUAL PROPERTY
TRADEMARKS
Artertaining
is a registered trademark of Artertaining, LLC. The Artertaining logo, Artertaining.com,
are trademarks or service marks of Artertaining. The Artertaining website,
including but not limited to its graphics, logos, page headers, button icons,
scripts and service names constitute trade dress of Artertaining, LLC. The
trademarks, service marks and trade dress of Artertaining may not be used or
reproduced without prior written approval from Artertaining and may not be used
in connection with any product or service that is not affiliated with Artertaining,
in any manner that is likely to cause confusion among customers, in any manner
that dilutes the rights of Artertaining, or in any manner that disparages or
discredits Artertaining. Other trademarks that appear on the Artertaining
website and user interfaces are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by Artertaining.
Any images of persons or personalities contained on the Artertaining website
are not an indication or endorsement of Artertaining or any particular product
or our service unless otherwise indicated.
ENTERTAINMENT AND SERVICE CONTENT
We provide
entertainment and we reserve the right to display and promote the filmed or
photographed entertainment or other information through our service, including
our website and user interfaces, such as Facebook, to you in any manner we
choose in our sole and absolute discretion. In addition, the Artertaining
service allows you and other third parties to post reviews or comments
concerning the entertainment distributed by us on Yelp. Any opinions, advice,
statements, services, offers, or other information that constitutes part of the
content expressed or made available by third parties through the Artertaining
service are those of the respective authors or producers and not of Artertaining,
or its shareholders, directors, officers, or employees. Under no circumstances
shall Artertaining, or its shareholders, directors, officers, directors, or
employees be held liable for any loss or damage caused by your reliance on
information obtained through the Artertaining service. It is your
responsibility to evaluate the information, opinion, advice, or other content
available through the Artertaining service.
USE OF INFORMATION SUBMITTED
Artertaining
is free to use any comments, information, ideas, concepts, reviews, or
techniques or any other material contained in any communication you may send to
us (“Feedback”), including responses to questionnaires or through postings to
the Artertaining service, including the Artertaining 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 Artertaining service. Furthermore, by
posting any Feedback on our site, submitting Feedback to us, or in responding
to questionnaires, you grant us 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 Artertaining
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 Artertaining. 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 Artertaining and its affiliates regarding the use of such
materials and ideas, even if material or an idea is used that is substantially
similar to the idea you sent.
SERVICE TESTING
From time to
time, we test various aspects of our service, including our website, user
experience, service levels, plans, promotions, features, availability of
venues, delivery, and pricing, and we reserve the right to include you in or
exclude you from these tests without notice.
CUSTOMER SERVICE
If you need
assistance, you may find answers and reach Customer Service at any time at
Artertaining@gmail.com. Also you can visit our FAQs page at
artertaining.blogspot.com where you will find the answers to many frequently
asked.
YOUR CONDUCT IN ACCESSING THE ARTERTAINING SERVICE
By accessing the Artertaining service, including the Artertaining website, you agree to use the Artertaining 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 any one connected to any portion of the Artertaining service or to violate any of the procedures, policies or regulations of establishments connected to the Artertaining service. You also agree not to impersonate any other person while using the Artertaining service, conduct yourself in a vulgar or offensive manner while using the Artertaining service, or use the Artertaining service for anyLIMITATIONS ON USE
You must be
21 years of age or older to use the Artertaining service.
LINKS AND PAGES
Some of the
hyperlinks on the Artertaining website may lead to other websites or other
content that are not controlled by, or affiliated with, Artertaining. In
addition, other websites may link to the Artertaining website or Artertaining
may include links to the websites of businesses, including those that have
associations with us through certain programs. These pages may provide links to
third party. Artertaining has not reviewed these websites and 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 Artertaining
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 we recommend you read carefully.
PROMOTIONS WITH COUPON CODES
Promotional
codes may be redeemed on our website at www.Artertaining.com. Promotional code
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. Artertaining will bill your Payment Method automatically.
GOVERNING LAW
These Terms
of Use shall be governed by and construed in accordance with the laws of the
state of Massachusetts, U.S.A. without regard to conflict of laws provisions.
If any provision or provisions of these terms shall be held to be invalid,
illegal, unenforceable or in conflict with the law of any jurisdiction, the
validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby, and shall remain in full force and
effect.
ARBITRATION AGREEMENT
You and Artertaining
agree that any dispute, claim or controversy arising out of or relating in any
way to the Artertaining service, including our website, user interfaces, these
Terms of Use and this Arbitration Agreement, shall be determined by binding
arbitration instead of in courts of general jurisdiction. Arbitration is more
informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead
of a judge or jury, allows for more limited discovery than in court, and is
subject to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. You agree that, by agreeing to these
Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and
enforcement of this provision, and that you and Artertaining are each waiving
the right to a trial by jury or to participate in a class action. This
arbitration provision shall survive termination of this Agreement and the
termination of your Artertaining membership.
If you elect
to seek arbitration, you must first send to Artertaining, by certified mail, a
written Notice of your claim (“Notice”). The Notice to Artertaining should be
addressed to: General Counsel, Artertaining, LLC., 1250 West Ave, Unit 2L,
Miami Beach, FL 33139 (”Notice Address YOU AND ARTERTAINING 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 OR REPRESENTATIVE
PROCEEDING. Further, unless both you and Artertaining agree otherwise, the
arbitrator may not consolidate more than one person's claims with your 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.
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