Terms of Use
Thank you for choosing The Art of Hoppiness! If you have any questions or concerns, please read the following or check out our FAQ page. By using this site and signing up for our events, you agree to the following-
Terms of Use
1. Terms
By accessing this website (or the “Site”), the person(s) accessing the Site (“You” or “Your”) is agreeing to be bound by, and responsible for compliance with, the Website Terms and Conditions of Use (the “Terms of Use”) of The Art of Hoppiness LLC, its affiliated companies, and its authorized agents, employees and contractors (collectively, “The Art of Hoppiness”) and all applicable laws and regulations, including applicable local laws. The Art of Hoppiness is a mobile art and entertainment company and by purchasing a class (our “Service” or “Event”) You are agreeing to not only the terms listed here but also the terms of each class location ( or “Venue”) that is hosting the Event. If You do not agree with any of the Terms of Use, You are prohibited from using or accessing the Site. The Materials contained in the Site are protected by applicable copyright and trademark laws.
2. Proprietary Rights/ Unauthorized Use
Notwithstanding anything to the contrary herein, The Art of Hoppiness owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, and software), date on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights and other intellectual property and proprietary rights therein (collectively, the “Materials”). Your use of the Site does not grant to You ownership of the Materials that You may access on or through the Site.
The Art of Hoppiness paintings are developed by, and for, The Art of Hoppiness. With the exception of Your painting at the Event, You may not copy or reproduce The Art of Hoppiness paintings or any portion thereof, and You may not sell, lease or distribute any reproduction of any The Art of Hoppiness painting, including the painting that You paint at Your Event. Any unauthorized uses of The Art of Hoppiness paintings or the Website are strictly prohibited.
You agree that The Art of Hoppiness 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).
3. Use License
Permission is granted to access and view the Materials and, unless otherwise indicted in these Terms of Use, download one (1) copy of the Materials for personal, non-commercial transitory viewing only (the “License”). The License is not a transfer of title. Under the License, You may not:
· Modify the Materials or copy the Materials more than one (1) time;
· Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
· Attempt to decompile or reverse engineer the Materials;
· Remove any copyright or other proprietary notations from the Materials; or
· Transfer the Materials to any other person, or “mirror” the Materials on any other server.
· Use any paintings or identical paint instructions (materials) from The Art of Hoppiness in their own work or classes
The License shall automatically terminate if You violate any of the Terms of Use. The License may be terminated by The Art of Hoppiness at any time. Upon termination of the License, You must destroy any downloaded or copied Materials in Your possession whether in electronic or printed format.
4. Chargeback/ Refund Policy
All references to a “chargeback” or “refund” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You.
Unfortunately, there are no returns, refunds, or compensation of any kind for anything purchased on this site by You. This is a small business that involves many moving parts and much preparation. Please plan accordingly.
If You are unable to attend an Event as an individual or group organizer, please contact The Art of Hoppiness and a friend or family member can take your place.
All private events must pay a $150 non refundable deposit for any Event. Private parties must give at least two weeks notice before cancelling an entire Event, and cancellation fees will apply.
You agree that You will not chargeback any amounts charged to Your credit or debit card on the sites or at the services without notifying The Art of Hoppiness beforehand. If You chargeback a credit or debit card charge for a payment initiated by You or any authorized user of the credit or debit card, You agree that The Art of Hoppiness may recover the amount of the chargeback in addition to fees by any means deemed necessary, including, but not limited to, recharging Your credit or debit card or having the amount recovered by a collection agency.
5. Disclaimer
The materials on the site are provided “as is”. The Art of Hoppiness makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties of any kind, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Art of Hoppiness does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the site or on any sites linked to the site. We have highly qualified teachers leading our events and in no way does The Art of Hoppiness guarantee that You (the consumer) will produce the exact same material or painting as displayed on the site.
6. Limitations
In no event, including, but not limited to, negligence, shall The Art of Hoppiness be liable for any consequential, incidental, indirect, special, or punitive damages of any kind or character (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or related to the use or inability to use the site or the materials on the site, even if The Art of Hoppiness has been notified orally or in writing of the possibility of such damage.
7. Indemnification
You agree to defend, indemnify and hold The Art of Hoppiness harmless from any and all claims, demands, causes of action, costs, expenses, attorney’s fees, damages or liabilities of any kind arising out of or relating, in whole or in part, to the use or inability to use the Site or the Materials on the Site, or Your breach or violation of the law or of these Terms of Use.
8. Revisions and Errata
The Materials appearing on the Site may include technical, typographical, or photographic errors. The Art of Hoppiness does not warrant that any of the Materials on the Site are accurate, complete, or current. Due to the difference in display quality from screen to screen, The Art of Hoppiness does not guarantee Your chosen painting or class will completely match the one viewed on the screen (computer, mobile, or otherwise). The Art of Hoppiness may make changes to the Materials contained on the Site at any time without notice. The Art of Hoppiness does not, however, make any commitment to update the Materials.
9. Links
The Art of Hoppiness has not reviewed all of the websites linked to the Site and is not responsible for the content of any such linked websites. The inclusion of any link to a website does not imply endorsement by The Art of Hoppiness of such website, and the use of any such linked web site is at Your own risk.
10. Terms of Use of Modifications
The Art of Hoppiness may revise the Terms of Use for the Site at any time without notice. By accessing the Site, You are agreeing to be bound by the then-current version of the Terms of Use.
11. Governing Law
Any claim relating to the Site or the Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. By using this website, Your user experience and all content associated therewith will be in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein.
12. Your Conduct when Attending The Art of Hoppiness Services
The Art of Hoppiness is a painting and entertainment service and does not serve alcohol, drinks or food. The Art of Hoppiness is not responsible for Your conduct during Events or any liability to damage or disruption at Venue caused by You. The Art of Hoppiness reserves the right to refuse service to any customer who is disruptive, overly-intoxicated, or disrespectful to The Art of Hoppiness associates and Assistants. While The Art of Hoppiness does not have the authority to remove disruptive customers from Venues, The Art of Hoppiness does reserve the right to take necessary steps with the local authorities in order to protect those associated with The Art of Hoppiness (customers and employees). You also agree not to interfere with the instructors, Event assistants, customers or anyone connected to any portion of The Art of Hoppiness Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the The Art of Hoppiness Service. You also agree not to impersonate any other person while using The Art of Hoppiness, conduct Yourself in a vulgar or offensive manner while using The Art of Hoppiness, or use The Art of Hoppiness Service for any unlawful purpose. Upon signing up for The Art of Hoppiness You agree to follow these rules of conduct. Basically, be an adult and don’t drink too much, there are other customers at the Events too so be courteous.
13. Social Media Clause- Entertainment and Service Content
The Art of Hoppiness provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information through the Service, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner The Art of Hoppiness 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 The Art of Hoppiness 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 The Art of Hoppiness, or its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall The Art of Hoppiness, 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.
14. Intellectual Property
The Art of Hoppiness is a registered trademark of The Art of Hoppiness LLC. The Art of Hoppiness logo and theartofhoppiness.com are trademarks or service marks of The Art of Hoppiness. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of The Art of Hoppiness. The trademarks, service marks and trade dress of The Art of Hoppiness may not be used or reproduced without prior written approval from The Art of Hoppiness and may not be used in connection with any product or service that is not affiliated with The Art of Hoppiness, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of The Art of Hoppiness, or in any manner that disparages or discredits The Art of Hoppiness. 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 The Art of Hoppiness. Any images of persons or personalities contained on the Website are not an indication or endorsement of The Art of Hoppiness or any particular product or our service unless otherwise indicated.
You agree that The Art of Hoppiness 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 The Art of Hoppiness, any instructor, assistant, or The Art of Hoppiness licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the artwork, the set-up of your Event, the participants or instructors or staff at your Event, You, or the equipment, materials, supplies or marketing materials related to The Art of Hoppiness in any way shall become the property of The Art of Hoppiness, may not be reproduced or utilized except as authorized by The Art of Hoppiness, and that The Art of Hoppiness is free to use all such materials at The Art of Hoppiness sole and absolute discretion, including photoshopping and/or altering any portions of any such photographs.
15. Venue
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 The Art of Hoppiness 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 THE ART OF HOPPINESS. Some of these TPS may even use The Art of Hoppiness trademarks in connection with Your Event. The Art of Hoppiness 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 The Art of Hoppiness 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 The Art of Hoppiness harmless, as set forth in Section XXXIII hereof, for the sharing of information or the receipt of TPS relating to Your Event that results from Your use of any TPS. You further agree to indemnify and hold The Art of Hoppiness harmless, as set forth in Section XXXIII hereof, from all claims that in any way involve or relate to the provision of TPS. If You have any questions, concerns, complaints, or claims about a particular TPS, You should contact the support or contact personnel of the particular TPS provider and not The Art of Hoppiness, unless otherwise indicated by The Art of Hoppiness. The Art of Hoppiness DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify The Art of Hoppiness, as set forth in Section XXXIII hereof, for any and all claims made as the result of the provision of TPS at Your Event.
16. Age Restriction
The Art of Hoppiness Service shall not be used by children. The Art of Hoppiness Services and Events in Venues where alcohol is being sold is only for adults who are of the legal drinking age (or older). The Art of Hoppiness 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 The Art of Hoppiness or its licensee discovers that an Event attendee is under the legal drinking age in the venue where your Event is held, The Art of Hoppiness or its licensee will refuse to offer instruction to any underage individual, regardless of whether that individual has a Ticket to the Event. The Art of Hoppiness 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.
The Art of Hoppiness can provide children’s parties under the name Daniel Manson Design, an associate of The Art of Hoppiness. You must let The Art of Hoppiness know upfront if Your party is for children or if children will be attending the Event.
17. Customer Reviews
The Art of Hoppiness encourages You to post reviews of The Art of Hoppiness events through the Service. The Art of Hoppiness reserves the right to promote, reject, remove or edit such content at any time without notice on any website or platform that is associated with The Art of Hoppiness. 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 The Art of Hoppiness or its personnel, misleading information regarding the origin of the content; or a discussion of The Art of Hoppiness policies or services. You understand and agree that The Art of Hoppiness may, but is not obligated to, review the content and may delete or remove it (without notice) in The Art of Hoppiness’ sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
When You have submitted a review, The Art of Hoppiness 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 The Art of Hoppiness service. If You do not want your reviews to be shared in a public forum, do not use the review an event feature.
The Review an Event feature may change without notice to You and the degrees of associated information sharing and functionality may also change without notice.