BEADS & BUBBLY LLC
These Terms are also a resource for you to get a deeper understanding of how the Beads & Bubbly Service works, including the kinds of data collected, how bills are processed, how Beads & Bubbly interacts with you and other useful details about the Beads & Bubbly Service. Beads & Bubbly hopes you enjoy your Beads & Bubbly experience.
- The term “Event” means the Event you or the person for whom you purchased the Voucher utilizes the Voucher to attend.
- Payment Method – The term “Payment Method” means the method of your payment for the Voucher that you indicated during your purchase of the Voucher.
- All references herein to “you” or “your” shall mean and refer to the person who purchased the Voucher, and includes any persons that eventually utilize the Voucher to attend the Event.
- The term “venue” shall mean the location where the Event will take place.
- The term “Website” shall mean the website hosted by Beads & Bubbly: WWW.BEADSANDBUBBLY.COM (and all pages contained therein).
- The term “Voucher” shall mean a revocable license or licenses which you or a person for whom you have purchased the Voucher may utilize to attend the Event.
- Jewelry Piece: The term “Jewelry Piece” or “Jewelry Pieces” shall include any jewelry or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the Beads & Bubbly Library.
Vouchers are only valid for available Events in the United States (“Available Events”), as indicated on the Website, and may not be used in any other area. A single Voucher costs $35.00 and entitles the bearer of the Voucher to purchase a $49 Event ticket prior to the expiration of the Voucher for an Available Event. A Voucher for two costs $65.00 and entitles the bearer of the Voucher to purchase two $49 Events ticket prior to the expiration of the Voucher for an Available Event.
Vouchers expire six months (180 days) from the date of purchase, but Vouchers never lose the purchase value – $35.00 for a single Voucher and $65 for a Voucher for two. For example, if you purchase a single Voucher, you may utilize that Voucher to attend an Available Event within six months of the purchase. Once expired, the Voucher retains a value of $35.00, which may be used towards the purchase of a ticket to any Beads & Bubbly Event by submitting the Voucher code at the time of purchase. Multiple expired Vouchers may not be used in combination with each other to purchase Tickets. For example, if you purchase four Vouchers – a total of $140 – and those Vouchers expire, you may not use the four Vouchers to purchase two full price tickets of $49 each with $10 leftover. Instead, you may only use one Voucher to purchase one ticket, and you must make up the difference in each individual ticket price.
Vouchers may only be utilized to attend an Available Event, and may not be exchanged for any other item. Vouchers are not refundable and have no cash value. Vouchers may only be used for Available Events as indicated on the Website, and may never be used to purchase a ticket to a fundraising event, a private event, or other special Beads & Bubbly Events.
III. HOW THE Beads & Bubbly SERVICE WORKS
Beads & Bubbly is an entertainment service that will provide you with an evening of jewelry making instruction at the venue.
Beads & Bubbly reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how Beads & Bubbly 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 Beads & Bubbly is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.
Availability. The availability of Beads & Bubbly 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 artisan/instructor at the Event may change at Beads & Bubbly’s sole discretion. While Beads & Bubbly will endeavor to make the artisan/instructor you have signed up for available for the Event, the artisan/instructor may change at Beads & Bubbly’s sole discretion without notice to you. Your purchase of a Voucher is not a reservation for any particular Beads & Bubbly Event. Once purchased, your Voucher will enable you to select an Available Event to attend, subject to then existing availability, and you must make such reservation through the Website.
Materials Provided. Beads & Bubbly will provide all tools, jewelry pieces and required materials (“Equipment”) for the Event. While Beads & Bubbly maintains quality control over the materials it uses, the quality of the jewelry materials and artisan may vary from event to event, and venue to venue, and may be affected by a variety of factors.
End result. Beads & Bubbly makes no representations or warranties about the quality of any jewelry piece or individual experience at the Event. Every jewelry piece(s) will be unique, and the expectation that your jewelry will be a facsimile of the jewelry depicted on the Website is patently absurd.
Start Time. Beads & Bubbly will make every effort to begin the instruction at the designated start time and complete the instruction in under two hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and Beads & Bubbly makes no representation as to the exact amount of instruction time at the Event.
Capacity Limitations: You may not be able to attend the Event due to capacity limitations of the venue where the Event takes place. Beads & Bubbly recommends that you utilize the Voucher to purchase your ticket(s) in advance and arrive at the venue at least 30 minutes prior to the start of the Event.
Beads & Bubbly Jewelry Pieces. Beads & Bubbly may change which jewelry piece will be at the Event and may make such change without notice to you.
- UNAUTHORIZED USE
Beads & Bubbly jewelry pieces are developed by, and for, Beads & Bubbly. With the exception of your jewelry piece at the Event, you may not copy or reproduce Beads & Bubbly jewelry pieces or any portion thereof, and you may not sell, lease or distribute any reproduction of any Beads & Bubbly jewelry piece, including the jewelry piece that you create at your Event. Any unauthorized uses of Beads & Bubbly jewelry pieces are strictly prohibited.
By using the Beads & Bubbly Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Beads & Bubbly. For example, Beads & Bubbly may send you newsletters about new Beads & Bubbly features, special offers, promotional announcements and customer surveys via email or other methods. For Beads & Bubbly’s Canadian customers, your express and/or implied consent begins from the moment you utilize the Beads & Bubbly Service, and lasts until you (a) inform Beads & Bubbly that you no longer wish to receive such communications or (b) two years, whichever period is shorter. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email firstname.lastname@example.org and ask to be removed from such future correspondence. You may also contact Beads & Bubbly by regular mail at 409 E Main St Richmond, VA 23219 USA.
In addition, by utilizing the Beads & Bubbly Service you expressly and/or impliedly consent to receiving electronic communications from Beads & Bubbly relative to your purchase, including 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 the Beads & Bubbly Service. These communications are part of your relationship with Beads & Bubbly and you receive them as part of the Beads & Bubbly Service. You agree that any notice, agreements, disclosure or other communications that Beads & Bubbly sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Beads & Bubbly promotions may not be combined with any other offers or your Voucher.
You may cancel your evening with Beads & Bubbly at anytime. However, there are no refunds or credits for unused promotional tickets.
Beads & Bubbly 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. Beads & Bubbly is not responsible for the products and services provided by such third parties. Beads & Bubbly reserves the right to modify, terminate or otherwise amend Beads & Bubbly offered promotional tickets.
By purchasing a Beads & Bubbly Voucher, you are expressly agreeing that Beads & Bubbly is authorized to charge you a fee at the then current rate for such Voucher, and any other charges you may incur in connection with your use of the Beads & Bubbly Service to the Payment Method you provided during your Voucher purchase. 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 Voucher fee will be billed on the day you purchase the Voucher and not on the day you utilize the Voucher.
You acknowledge that the amount billed for each Voucher you purchase may vary from day to day for reasons that may include differing amounts due to promotional offers, and you authorize Beads & Bubbly to charge your Payment Method for such varying amounts.
Voucher fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED VOUCHERS. Your Voucher never expires. At any time, and for any reason, Beads & Bubbly may provide a refund, discount, or other consideration (“credits”) to some or all of Beads & Bubbly’s customers. The amount and form of such credits, and the decision to provide them, are at Beads & Bubbly’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 Beads & Bubbly to provide credits in the future, under any circumstance. Beads & Bubbly may change the fees and charges in effect, or add new fees and charges from time to time, but Beads & Bubbly will give you advance notice of these changes by email.
Beads & Bubbly will bill the Voucher fee to the Payment Method you provide to Beads & Bubbly during your purchase of the Voucher.
VIII. RIGHT TO TERMINATE
Beads & Bubbly reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.
Beads & Bubbly does not warrant that any of the events or materials used in connection with the Service, nor does Beads & Bubbly warrant the operation of the Service.
- SOCIAL MEDIA
You can connect Beads & Bubbly 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 Beads & Bubbly 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 Beads & Bubbly) that you are a Beads & Bubbly customer as well as what you have created, eaten or had to drink, with whom you attended an event, and other information about your use of the Beads & Bubbly service. You will also be able to see similar information about your Facebook friends who are connected with Beads & Bubbly. In addition, Beads & Bubbly 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 BEADS & BUBBLY 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 BEADS & BUBBLY ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT BEADS & BUBBLY AT HELLO@BEADSANDBUBBLY.COM TO HAVE YOUR INFORMATION REMOVED. Beads & Bubbly 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.
- CUSTOMER REVIEWS
Beads & Bubbly encourages you to post reviews of Beads & Bubbly events through the Service. Beads & Bubbly 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 Beads & Bubbly or its personnel, misleading information regarding the origin of the content; or a discussion of Beads & Bubbly policies or services. You understand and agree that Beads & Bubbly may, but is not obligated to, review the content and may delete or remove it (without notice) in Beads & Bubbly’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, Beads & Bubbly 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 BEADS & BUBBLY 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.
- AGE RESTRICTION
The Beads & Bubbly Service shall not be used by children. The Beads & Bubbly Service is only for adults who are of the legal drinking age (or older) in the venue where your Event is being held. Beads & Bubbly 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 Beads & Bubbly or its licensee discovers that an Event attendee is under the legal drinking age in the venue where your Event is held, Beads & Bubbly or its licensee will refuse to offer instruction to any under age individual, regardless of whether that individual has a Ticket to the Event. Beads & Bubbly 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.
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 Beads & Bubbly 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 BEADS & BUBBLY. Some of these TPS may even use Beads & Bubbly trademarks in connection with your Event. Beads & Bubbly 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 Beads & Bubbly 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 Beads & Bubbly 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 Beads & Bubbly 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 Beads & Bubbly, unless otherwise indicated by Beads & Bubbly. BEADS & BUBBLY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify Beads & Bubbly for any and all claims made as the result of the provision of TPS at your Event.
XIII. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE BEADS & BUBBLY SERVICE, BEADS & BUBBLY’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE BEADS & BUBBLY SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BEADS & BUBBLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE BEADS & BUBBLY SERVICE, BEADS & BUBBLY’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE BEADS & BUBBLY SERVICE, AND YOUR EVENT. BEADS & BUBBLY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BEADS & BUBBLY SERVICE, BEADS & BUBBLY’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE BEADS & BUBBLY SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT BEADS & BUBBLY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE BEADS & BUBBLY SERVICE AND YOUR EVENT, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. BEADS & BUBBLY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, BEADS & BUBBLY JEWELRY PIECES, AND EQUIPMENT. Without limiting the foregoing, Beads & Bubbly assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of Beads & Bubbly): (i) errors or omissions in the content delivered by the Beads & Bubbly Service or on the Beads & Bubbly Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Beads & Bubbly Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Beads & Bubbly Website, or otherwise through the Beads & Bubbly Service; and (v) any losses or damages arising as a result of or related to your Event, the provision of TPS at your Event, the consequences of the provision of TPS at your Event, or otherwise through the Beads & Bubbly Service itself, including any losses or damages arising from the Beads & Bubbly Service, Website, Equipment, your Event, or TPS. BEADS & BUBBLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR JEWELRY PIECE. In addition, Beads & Bubbly does not represent or warrant that the information accessible via the Website is accurate, complete or current. Beads & Bubbly does not make any representations with respect to the content contained on events from the Beads & Bubbly Service or the descriptions of any event content contained on Beads & Bubbly’s Website and user interfaces. Beads & Bubbly does not represent or guarantee that your use of the Beads & Bubbly Service will be free from interruption, and Beads & Bubbly disclaims any liability with respect thereto. No oral or written information or advice given by Beads & Bubbly or Beads & Bubbly’s authorized representative shall create a warranty or otherwise constitute a representation binding upon Beads & Bubbly.
IN NO EVENT SHALL BEADS & BUBBLY, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, 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 BEADS & BUBBLY SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE BEADS & BUBBLY SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL BEADS & BUBBLY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE BEADS & BUBBLY SERVICE, BEADS & BUBBLY’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE BEADS & BUBBLY SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.
XIV. INTELLECTUAL PROPERTY
Beads & Bubbly is a registered trademark of Beads & Bubbly, LLC. The Beads & Bubbly logo, BeadsandBubbly.com, are trademarks or service marks of Beads & Bubbly. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Beads & Bubbly. The trademarks, service marks and trade dress of Beads & Bubbly may not be used or reproduced without prior written approval from Beads & Bubbly and may not be used in connection with any product or service that is not affiliated with Beads & Bubbly, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Beads & Bubbly, or in any manner that disparages or discredits Beads & Bubbly. 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 Beads & Bubbly. Any images of persons or personalities contained on the Website are not an indication or endorsement of Beads & Bubbly or any particular product or our service unless otherwise indicated.
You agree that Beads & Bubbly is and shall remain the sole owner of all rights, title, and interest in and to any and all Jewelry Pieces, and that you shall only have the limited right to utilize a Jewelry Piece 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 jewelry piece with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image your jewelry piece (or any reproduction thereof).
You acknowledge that you do not have, acquire or retain any rights to any such Jewelry Piece after the end of your Event (or after repeat Events utilizing the same Jewelry Piece).
You acknowledge that any photographs taken at your Event by Beads & Bubbly, any instructor, assistant, or Beads & Bubbly’s 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 Beads & Bubbly in any way shall become the property of Beads & Bubbly, and may not be reproduced or utilized except as authorized by Beads & Bubbly, and that Beads & Bubbly is free to use all such materials at Beads & Bubbly’s sole and absolute discretion.
- ENTERTAINMENT AND SERVICE CONTENT
Beads & Bubbly 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 Beads & Bubbly 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 Beads & Bubbly 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 Beads & Bubbly, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns. Under no circumstances shall Beads & Bubbly, 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.
XVI. USE OF INFORMATION SUBMITTED
Beads & Bubbly is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Beads & Bubbly (“Feedback”), including responses to questionnaires or through postings to the Beads & Bubbly 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 Beads & Bubbly Service. Beads & Bubbly may also share your information with third parties for purposes of Beads & Bubbly’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Beads & Bubbly, or in responding to questionnaires, you grant Beads & Bubbly 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 Beads & Bubbly 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 Beads & Bubbly. 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 Beads & Bubbly, 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.
XVII. SERVICE TESTING
From time to time, Beads & Bubbly tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and Beads & Bubbly reserves the right to include you in or exclude you from these tests without notice.
XVIII. CUSTOMER SERVICE
If you need assistance, you may find answers and reach Customer Service at any time at email@example.com. Also you can visit Beads & Bubbly’s FAQ page at www.beadsandbubbly.com where you will find the answers to many frequently asked questions.
XIX. YOUR CONDUCT WHEN ACCESSING THE BEADS & BUBBLY SERVICE
By accessing the Beads & Bubbly Service, including the Website, you agree to use the Beads & Bubbly 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 Beads & Bubbly Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Beads & Bubbly Service. You also agree not to impersonate any other person while using the Beads & Bubbly Service, conduct yourself in a vulgar or offensive manner while using the Beads & Bubbly Service, or use the Beads & Bubbly Service for any unlawful purpose.
- LINKS AND PAGES
XXI. PROMOTIONS WITH VOUCHER 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. Beads & Bubbly will bill your Payment Method automatically. Promotional codes may not be used in conjunction with your Voucher purchase.
XXII. ARBITRATION AGREEMENT
You and Beads & Bubbly agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Beads & Bubbly Service, including the Website, user interfaces, these Terms, the Voucher you purchase, 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. This arbitration provision shall survive termination of these Terms and the conclusion of the Event.
If you elect to seek arbitration, you must first send to Beads & Bubbly, by certified mail, a written notice of such claim (“Notice”). The Notice to Beads & Bubbly must be addressed to: General Counsel, Beads & Bubbly, LLC, 409 E Main St, Richmond, VA 23219. 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 BEADS & BUBBLY 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 Beads & Bubbly 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.
XXIII. 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 Beads & Bubbly shall be governed in accordance with the laws of the Commonwealth of Virginia 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 Beads & Bubbly 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 Commonwealth of Virginia, and you and Beads & Bubbly hereto irrevocably consent and submit to the exclusive jurisdiction within the Commonwealth of Virginia in respect of any such proceeding before (i) the federal District Court for the District of Virginia or (ii) the Virginia Superior Court.
XXIV. WAIVER OF RIGHTS
The failure of Beads & Bubbly 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 Beads & Bubbly may at any time demand strict and complete performance of said terms, covenants and conditions.
XXV. 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.
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.
XXVII. 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 Beads & Bubbly on the grounds that Beads & Bubbly drafted these Terms.
Both your and Beads & Bubbly’s obligations in these Terms, which by their nature, have significance after the conclusion of the purchase of your Voucher, shall survive the termination or expiration of these Terms and the conclusion of the purchase of your Voucher.
You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself.
XXX. FURTHER ASSURANCES
You agree that you shall, at the request of Beads & Bubbly, 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.
XXXI. FORCE MAJEURE
Neither you nor Beads & Bubbly 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.
XXXII. ELECTRONIC TRANSACTIONS
You agree to conduct transactions, including, but not limited to the purchase of your Voucher and the acknowledgement of these Terms and future transactions, by electronic means.
You agree to defend, indemnify, and hold Beads & Bubbly harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the purchase of your Voucher 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 Beads & Bubbly that are related to such circumstances.