Last Updated On April 25, 2018
“Service(s)” refers to Your use of the Website for any purpose whatsoever, including all features, purchases on the Website, user experience, and all content associated therewith.
We reserve the right to modify this Agreement at any time. Such modified Agreement will become effective and will apply to Your use of our Service upon our posting such Agreement to the Website. Your continued use of our Service after such a modification has been posted shall be deemed to constitute acceptance by You of any such modified Agreement. It is Your responsibility and obligation to review the Agreement and to become aware of any modifications.
The Website and the Services are not directed toward children less than 13 years of age nor does Sign Night knowingly collect information from children under 13. If You are under 13, please do not submit any personally identifiable information to the Website.
This Agreement constitutes Your agreement with Sign Night with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
Sign Night provides customers with an evening of painting reclaimed wood signs at local eating and drinking establishments (an “Event”).
The availability of 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 instructor may also change at our sole discretion without notice. The quality of the materials, including the paint, reclaimed wood (including type, grain, and size), brushes, easel, and aprons may vary. Sign Night makes no representations or warranties about the quality of Your painted reclaimed wood sign or Your individual experience.
Please note that Sign Night Events are restricted to adults who are of the legal drinking age (or older) in the venue where the Event is being held.
By using the Services, You consent to receiving electronic communications from Sign Night. These communications will include notices about Your purchase (e.g., change in Event time or venue or payment method, confirmation emails and other transactional information) and information concerning or related to our Services. These communications are part of Your relationship with Sign Night and You receive them as part of the Sign Night Services. 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 AND PROMOTIONAL VOUCHERS
We may offer a number of special promotional vouchers with different limitations. Some of these promotional vouchers are offered by third parties in conjunction with the provision of their own products and services and for which taxes and gratuities have not been included. You must pay the additional taxes when You redeem the third-party promotional vouchers to attend our Event. 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 vouchers.
Any promotion or promotional voucher may not be combined with any other promotions, offers, coupons, promo codes, or party packages.
Please note that there are no refunds or credits for un-used promotional vouchers.
By making an online purchase with Sign Night, You are expressly agreeing that we are authorized to charge You the stated fee at the then current rate, and any other charges You may incur in connection with Your use of the Services to the payment method You provided during checkout. Please note that prices and charges are subject to change with notice. The fee will be billed on the day You make the purchase and not on the day of redemption. To register or purchase from Sign Night online, You must be over 18 years of age. You must ensure that the details provided by You on registration or purchase of Your ticket are correct and complete.
ATTENDING AN EVENT
The Events are only for adults who are of the legal drinking age (or older) in the venue where Your Event is being held. Sign Night 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 Sign Night or its licensee or an employee or agent of a licensee discovers that an Event attendee is under the legal drinking age in the venue where Your Event is held, Sign Night or its licensee or an employee or agent of a licensee can refuse to offer instruction to any under age individual, regardless of whether that individual has a ticket to the Event. Sign Night 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.
We are working with treated and/or untreated reclaimed wood and non-toxic water-based acrylic paints which may not come off clothes. You release Sign Night, its owners, directors, managers and all employees from all liability regarding 1) any injury to self or child; and 2) any loss or damage to personal property en route to or from a Sign Night Event or venue.
Third-party services, such as food and drink, from the venues where the Event is held are provided solely as a convenience to You, and Sign Night 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 Sign Night. You understand that You are responsible for all additional charges You incur at Your Event, including, but not limited to food and beverage charges. Some of these third-party services may even use Sign Night trademarks for promotional reasons. Sign Night 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. Your use of third-party services is at Your sole and absolute discretion and risk. By using such third-party services, You acknowledge and agree to the following: (i) Your use of third-party services may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with You, even if Sign Night has not provided such information; and (ii) Your use of a third-party service is at Your own option and risk, and You will hold Sign Night harmless for the sharing of information relating to Your Sign Night experience that results from Your use of a 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 Sign Night, unless otherwise indicated by Sign Night. Sign Night disclaims all liability arising from Your use of third party services.
You also agree not to interfere with the instructors, Event assistants, customers or anyone connected to any portion of the Sign Night Events, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Sign Night Events. You also agree not to impersonate any other person while attending an Event, conduct Yourself in a vulgar or offensive manner while attending an Event, or use the Sign Night Events for any unlawful purpose.
You acknowledge that any photographs taken at Your Event by Sign Night, any instructor, assistant, or Sign Night 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 Sign Night in any way shall become the property of Sign Night, may not be reproduced or utilized except as authorized by Sign Night, and that Sign Night is free to use all such materials at Sign Night’s sole and absolute discretion, including photoshopping and/or altering any portions of any such photographs.
Sign Night reserves the right to use any photographic material for advertising and promotional purposes.
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL OR UNUSED EVENT TICKETS. Re-bookings can be made up to 2 weeks before an event for $15.00. Written notification should be sent to INFO@RUSTICSIGNNIGHT.CA with the subject “RE-BOOKING.” Transfer of an Event ticket is possible within 2 weeks of the booked date to another attendee by written request to INFO@RUSTICSIGNNIGHT.CA with the subject “TRANSFER”.
We love comments and encourage You to post reviews of Sign Night Events through the Sign Night Services. 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 Sign Night personnel; misleading information regarding the origin of the content; or a discussion of Sign Night policies or services. You understand and agree that all reviews or comments will be approved by an administrator, and that the content may be deleted or removed (without notice) in our sole and absolute discretion, for any reason or no reason.
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 SIGN NIGHT SERVICES. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT REVIEW AN EVENT OR THE SIGN NIGHT SERVICES.
By submitting, disclosing, or offering any rating, review, photograph, image, video, sound, comments, feedback, suggestions, ideas, notes, and other information, content or material, or other item (each, a “Submission”) to Sign Night, either online or offline and whether or not solicited by Sign Night, You hereby grant to Sign Night an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit Your Submission and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), including on commercial websites, without compensation of any kind to You or any third party.
You hereby represent and warrant that (a) You have all necessary right, power, and authority to grant the license set forth herein to Your Submission, and (b) Your Submission does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.
Publication or use of any Submission is at the sole discretion of Sign Night and Sign Night is under no obligation to publish or use any Submission. If Your Submission is published, used and/or posted on the Website or otherwise used by Sign Night, we may include Your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submission, You hereby grant Sign Night the right to use Your name in connection with the publication, use or posting of Your Submission.
Sign Night is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to Sign Night (“Feedback”), including responses to questionnaires or through postings to the Sign Night Services, 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 Sign Night Services. Sign Night may also share Your Feedback with third parties for purposes of Sign Night’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Sign Night, or in responding to questionnaires, You grant Sign Night 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 Sign Night 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 Sign Night. 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 Sign Night, its members, directors, officers, employees, legal, affiliates, licensees, subsidiaries, parent companies, 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.
Any opinions, advice, statements, services, offers, or other information that constitute part of the content expressed or made available by third parties through the Services are those of the respective authors or producers and not of Sign Night, or its members, directors, officers, employees, legal, affiliates, licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall Sign Night, or its members, directors, officers, employees, legal, affiliates, successors, or assigns be held liable for any loss or damage caused by Your reliance on information obtained through the Services. It is Your responsibility to evaluate the information, opinion, advice, or other content available through the Services.
RIGHT TO USE
Sign Night permits You to view and use a single copy of the Website for Your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Website and/or Services. The Website is protected by Canadian, U.S. and international copyright laws. Except for Your use as authorized herein, You may not modify, reproduce or distribute the content, design or layout of the Website or individual sections of the content, design or layout of the Website without Sign Night’s express prior written permission.
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
- You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
- You will not forward chain letters through the Service.
- You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
- You will not post messages, pictures or recordings or use the Service in any way that violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law.
- You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. You agree to pay Sign Night Two Thousand Dollars (CAD $2000.00) per account involved with such activities to cover expenses involved with investigation and prosecution of such activities.
- You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, Sign Night, its systems, or any other members’ systems in any way.
- You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
- You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
REMOVAL OF INFORMATION
We do not and cannot review all public postings, messages or other materials posted or sent by users of the Service. We are not responsible for any of the content of these public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of public postings, messages and other materials You may upload to the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
INTERACTIONS WITH OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES OR ATTENDEES AT ITS EVENTS. YOU UNDERSTAND THAT SIGN NIGHT CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. SIGN NIGHT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTENDEES AT ITS EVENTS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. SIGN NIGHT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR ATTENDEES AT ITS EVENTS. SIGN NIGHT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL SIGN NIGHT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR ATTENDANCE AT AN EVENT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, THEFT, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THIS SERVICE OR ATTENDANCE AT AN EVENT. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS OF THE SERVICE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AND ATTEND ANY EVENTS AT YOUR OWN RISK. SERVICES AND EVENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. SIGN NIGHT SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE AVAILABUITY AND USE OF THIRD PARTY SERVICES AT YOUR EVENT.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SIGN NIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY SIGN NIGHT AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER SIGN NIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF ONE HUNDRED CANADIAN DOLLARS ($100.00).
EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
You hereby agree to indemnify, defend and hold harmless Sign Night and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Sign Night reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
The Website and the Service are controlled and operated by Sign Night in Canada. Sign Night makes no representation that materials in the Website are appropriate or available for use in other locations, and access to the Website and Services from territories where their contents thereof are illegal is not authorized. Those who choose to access the Website and/or the Services from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Website and the materials herein is governed by the laws of the province of Alberta without regard to conflict of law rules. You consent to jurisdiction of the federal and provincial courts located in Alberta to hear any such claims.
This Agreement represents the entire agreement between You and Sign Night regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of Alberta, Canada. As a condition of using the Services, each user agrees that any and all disputes and causes of action arising out of or connected with Sign Night shall be resolved through arbitration, with such arbitration to be held in Calgary, Alberta, Canada.
You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.