Acceptance of Terms
Please read this TOS carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by this TOS. If you do not agree to all the terms and conditions of this TOS, then you may not access the Service or use any services. If this TOS is considered an offer by IntegrArte, acceptance is expressly limited to these terms. While events, camps, classes, and other activities offered through the Service (“Activities”) may be intended for children, use of the website and related mobile applications comprising the Service is available only to individuals who are at least 13 years old.
If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOS. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify IntegrArte of any unauthorized uses of your account or any other breaches of security. IntegrArte will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Certain Activities are offered for purchase through the Service (each a “Paid Activity”). By reserving a Paid Activity, you agree to pay IntegrArte the fees indicated for that activity, and to provide IntegrArte accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay IntegrArte in accordance with the terms set forth in the Service policies and this TOS, and you authorize IntegrArte to bill your payment instrument in accordance with such terms. Paid Activity fees are not refundable, unless allowed by IntegrArte or the applicable Provider (as defined below) in its sole discretion.
The Service may allow you to purchase access to Activities or other services on a subscription basis (“Paid Memberships”). Paid Memberships automatically renew until you cancel it in your account settings, or until cancelled by IntegrArte or the Provider offering that Paid Membership. All amounts paid for Paid Memberships are non-refundable. We’ll notify you if the price of a Paid Membership increases. You’ll be charged around the start of the each Paid Membership period, which shall be the first of each month, unless otherwise indicated by IntegrArte or the applicable Provider. Certain Paid Memberships may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Membership before we start charging your payment method, cancel the membership before the free trial ends. Paid Memberships are also subject to any other terms and conditions that are included on or linked to the screen where that membership is available for purchase within the Service.
Certain Provider-Specific Terms
The provider(s) of an Activity is known as the “Provider”. Providers can be corporations, individuals or other legal entities. Paragraphs (A), (B) and (C) below in this section only apply to you if you are a Provider.
As between IntegrArte and you (as a Provider), you will be responsible for the payment of any taxes arising from the sale of Paid Activities. You will not receive payment for any Paid Activity that is cancelled, not fully performed or provided, or unreasonably rescheduled, as determined in IntegrArte’s sole discretion. Similarly, you will not receive payment for reservations for Paid Activities that are properly cancelled by the customer in accordance with the applicable cancellation policy (if any).
Subject to IntegrArte receiving payment from the applicable Paid Activity customer, IntegrArte will make available to you an amount equal to the price of the Paid Activity, less IntegrArte’s applicable commission and any payment processing and other fees (collectively, “Provider Fees”). IntegrArte will disclose such Provider Fees to you via the Service or via email, and may change any of your Provider Fees at any time with at least 30 days notice to you (notice provided to you via email or via the Service). If you are paid for any Activity for which you are not entitled to receive payment hereunder, you will refund that amount to IntegrArte within seven (7) days of IntegrArte’s request.
IntegrArte may set off amounts due IntegrArte against any payment owed to you. Also, upon request, you will send IntegrArte proof of any licenses, permits or other authorizations relating to Activities offered via the Services.
Content Posted on Other Services
We have not reviewed, and cannot review, all of the material, including images, text, and other information, made available through the websites and webpages to which the Service links, and that link to the Service. IntegrArte does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-IntegrArte website or webpage, IntegrArte does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. IntegrArte disclaims any responsibility for any harm resulting from your use of non-IntegrArte websites and webpages.
This TOS does not transfer from IntegrArte to you any intellectual property relating to the Service, and all right, title and interest in and to such property will remain (as between the parties) solely with IntegrArte. IntegrArte, the IntegrArte logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of IntegrArte or IntegrArte’s Providers or other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any IntegrArte or third-party trademarks.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on the Service, sending you an email, or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new TOS will take effect. If you disagree with our changes, then you should stop using the Service within the designated notice period. Your continued use of the Service will be subject to the new TOS. However, unless otherwise specified in the new TOS, any dispute that arose before the changes shall be governed by the TOS (including the binding individual arbitration clause) that was in place when the dispute arose.
Responsibility of Contributors
If you post or upload text, images, video, audio or other material to the Service or otherwise make (or allow any third party to make) information available by means of the Service (any such material or information, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content.
By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if a third party has rights to intellectual property relating to such Content, you have received the necessary waivers or permission to make available the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content is accurate and truthful, is not misleading, and does not contain or transmit harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or products, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
the Content is not pornographic or obscene, does not contain threats or incite violence, does not violate the privacy or publicity rights of any third party, and does not violate any applicable laws.
By submitting Content to IntegrArte for inclusion on the Service, you grant IntegrArte a worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, display, prepare derivative works of, modify, and otherwise use the Content for the purpose of providing and promoting the Service and your Content. If you delete Content, IntegrArte will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. For clarification, if you are a Provider, you agree that Content that is customer information (such as name, email, ZIP, child info, etc.) may be retained and used by IntegrArte indefinitely consistent with applicable laws, unless or until the applicable customer unsubscribes from certain communications or requests its deletion.
IntegrArte has the right (though not the obligation) to, in IntegrArte’s sole discretion (i) refuse or remove any Content that violates any IntegrArte policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in IntegrArte’s sole discretion.
Certain Promotional Terms
From time to time, IntegrArte or its Providers may offer promotions (“Promos”), including where you must redeem a promotional code as part of the offer. These are limited time offers, and IntegrArte reserves the right to modify or cancel any Promo at any time, with or without notice. Promos are good while supplies last and may be limited by customer type (e.g., only new customers), Activity type, a total number of redemptions or uses or an expiration date. Promos are limited to one per person and account and may not be combined with other offers unless allowed by IntegrArte in its sole discretion. Each Promo code applies only to qualifying items. For example, a Promo offered by a specific Provider will only be valid on Activities offered by such Provider. Also, Promos that a user shares via Facebook, Twitter, text, email or otherwise may only be used once by each recipient and will only be valid for those recipients who were not already Service users. Promos are non-transferrable and may not be resold. If any of the Activities related to a Promo are canceled, your refund will equal the amount you paid for it, subject to applicable refund policies. If IntegrArte determines you have violated this TOS (including any of the Promo terms) or are attempting to do so or to circumvent any limitations herein, your Promos will be invalid.
IntegrArte may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. However, if you are a Provider and you have not breached this TOS in any way, IntegrArte will use reasonable efforts to give you at least thirty (30) days prior written notice of any termination, which shall be sent via email to the address associated with your IntegrArte account owner or administrator.
If you wish to terminate this TOS or your account (if you have one), you may simply discontinue using the Service and send an email to support@getIntegrArte.com. All provisions of this TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Service and all Activities are provided “as is”. IntegrArte hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither IntegrArte nor its suppliers makes any warranty to you that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content and services, including Activities, through the Service at your own discretion and risk.
You acknowledge that Activities are not provided by IntegrArte but by the applicable Provider (which may be a private or public entity). IntegrArte shall not have any liability with respect to anything that occurs at or around an Activity, nor for any cancellation of, insufficiency in, or other problem in connection with any Activity. With respect to any Activity you may attend or otherwise participate in, you agree that IntegrArte’s suppliers (which includes the Provider(s) of such Activity and their agents and representatives) hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement
Limitation of Liability
In no event will IntegrArte or its suppliers be liable to you (including your customers, affiliates, successors, or heirs) with respect to any subject matter of this TOS under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the IntegrArte Fees retained by IntegrArte from your purchase (or, if you are a Provider, your provision) of Paid Activities under this TOS during the six (6) month period prior to the cause of action or, if no fees were so retained, one hundred dollars ($100). Neither IntegrArte nor its suppliers shall have any liability to you for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent such limitations are prohibited by applicable law.
Acknowledgment of Risk
You accept there are potential risks and dangers inherently associated with the Activities, including but not limited to: risk of falling, colliding with objects or other children, use of tools, chemicals such as those in paints, hot glue guns, materials that may be harmful if swallowed, and more. You accept full responsibility for any losses or damages to yourself or your child(ren), however caused or alleged to be caused.
In the unlikely event that you are unavailable or absent in an emergency situation, you authorize IntegrArte and its Providers to secure for your child(ren) the services of emergency transportation, a physician, and/or a hospital, such as in the event of accident or illness. You will be responsible for payment of all such services, including all medical treatment. You authorize personal information needed for the treatment of your child(ren) to be released to medical/hospital personnel. These authorizations are and will remain in effect during any and all hours your child is participating in Activities, including a reasonable time before and after, regardless of the location.
Use of Photos
From time to time, IntegrArte or our Providers may photograph you or your child(ren) participating in an Activity. If you don’t want you or your child(ren) to appear in public photos, instructional materials, on the Service or in other promotional or marketing materials, please contact us at feedback@IntegrArte.com to opt out. Any such photos are property of IntegrArte or its suppliers, as applicable.
Representations and Warranties
You agree to indemnify and hold harmless IntegrArte and its suppliers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of (i) your use of the Service, (ii) your violation of this TOS or (iii) your or your child(ren)’s presence at or about IntegrArte’s or its suppliers’ premises or in any way observing or using any facilities or equipment of IntegrArte or its suppliers, either during or outside assigned business hours, whether caused by the negligence of IntegrArte or its suppliers, or otherwise. For the purposes of this TOS, “your child(ren)” also includes any children for whom you reserve an Activity or are responsible (e.g., your grandchild, niece or nephew, a child you babysit, etc.).
Dispute Resolution and Arbitration
Except for claims solely for injunctive or equitable relief (which may be brought in any competent court without the posting of a bond), any dispute arising under this TOS shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California in the English language and the arbitral decision may be enforced in any court. If you are not a Provider, you have the right to opt-out and not be bound by the binding arbitration requirement by sending written notice of your decision to opt-out to the email address feedback@getIntegrArte.com. The notice must be sent within the later of May 4, 2016 or 30 days after your first use of the Services, whichever is later. If you opt-out of the binding arbitration requirement, IntegrArte also will not be bound by the requirement. Providers may not opt-out of the binding arbitration requirements.
This TOS constitutes the entire agreement between IntegrArte and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of IntegrArte, or by the posting by IntegrArte of a revised version. Except to the extent applicable law, if any, provides otherwise, this TOS and any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. Subject to the arbitration provisions in this TOS, the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. The prevailing party in any action or proceeding to enforce this TOS shall be entitled to costs and attorney’s’ fees. If any part of this TOS is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this TOS to any party that consents to, and agrees to be bound by, its terms and conditions; IntegrArte may assign its rights under this TOS without condition. This TOS will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.