Terms and Conditions

TERMS & CONDITIONS
The following Terms of Use (“Terms” or these “WebSite/s Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this Web Site/s (collectively referred to herein below as this “Web site”), and related ticketing sites including our Eventbrite page, and our facebook page (collectively referred to herein below as “Site/s). These Terms apply in full force and effect to your use of this Web Site/s and by using this Web site, our Eventbrite page and responding to events on our Facebook page, you expressly accept all terms and conditions contained herein in full. You must not use this Web site, our eventbrite page and respond to events on our Facebook page if you have any objection to any of these Terms of Use.

This Web Site/s and related ticketing sites operated by Artel is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this WebSite/s and related ticketing sites if you are a minor. Artel is a 21+ venue. Under Artel’s discretion, guests under 18 years of age may be permitted to visit our premises if they are accompanied by a legal guardian or adult who is over 21 years of age.

This Terms of Use outlines the following:

Agreement to Terms of Use

Content

Your Use of the Site

Purchases

Privacy

Links to Other Sites

Disclaimers

Limitation of Liability

Indemnity

Violation of these Terms of Use

Governing Law – Dispute Resolution

Policy Against Unlawful Harassment, Discrimination, and Retaliation

Miscellaneous

Contact Information

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Artel Web Site/s located at www.artelhotel.com and www.artelspace.com, and all associated sites linked to www.artelhotel.com and www.artelspace.com operated by Artel, its subsidiaries and affiliates (collectively, the “Site”), as well as Artel’s related ticketing sites, which are our eventbrite page at https://artelbk.eventbrite.com, and Artel’s facebook page at https://facebook.com/artelbk. The Site/s and related ticketing sites are the property of Artel and its licensors.

By using the Site/s and related ticketing sites, you agree to these terms of use. if you do not agree, do not use the sites.

Artel reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site/s following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Artel grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site/s.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site/s is owned, controlled or licensed by or to Artel and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site/s and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web Site/s or other medium for publication or distribution or for any commercial enterprise, without Artel’s express prior written consent.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site/s or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site/s or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site/s or to any Artel server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site/s or any network connected to the Site, nor breach the security or authentication measures on the Site/s or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Artel, including any Artel account not owned by you, to its source, or exploit the Site/s or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site/s or Artel ‘s systems or networks, or any systems or networks connected to the Site/s or to Artel.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site/s or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Artel on or through the Site/s or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site/s or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Artel or others.

Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site/s or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site/s or the specific service.

Artel’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site/s should be construed to alter such agreements.

Artel may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site/s with respect to products and services may be out of date, and Artel makes no commitment to update the materials on the Site/s with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Privacy

Artel’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Artel’s Privacy Policy, please refer to: http://www.artelhotel.com/privacy-policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site/s may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site/s may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Artel’s control, and Artel is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Artel does not promise that the Site/s or any content, service or feature of the Site/s will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site/s will provide specific results. The Site/s and its content are delivered on an “as-is” and “as-available” basis. All information provided on the Site/s is subject to change without notice. Artel cannot ensure that any files or other data you download from the Site/s will be free of viruses or contamination or destructive features. Artel disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Artel disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site. You assume total responsibility for your use of the Site/s and any linked sites. Your sole remedy against Artel for dissatisfaction with the Site/s or any content is to stop using the Site/s or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Artel reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of liability

Except where prohibited by law, in no event will Artel be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Artel has been advised of the possibility of such damages. By purchasing and using Artel event tickets and/or entering Artel’s premises, you voluntarily assume all risk that may arise out of Artel’s reasonable control.

Indemnity

You agree to indemnify and hold Artel, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Artel by any third party due to or arising out of or in connection with your use of the Site.

Violation of these terms of use

Artel may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Artel’s rights or property, or the rights or property of visitors to or users of the Site, including Artel’s customers. Artel reserves the right at all times to disclose any information that Artel deems necessary to comply with any applicable law, regulation, legal process or governmental request. Artel also may disclose your information when Artel determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Artel may preserve any transmittal or communication by you with Artel through the Site/s or any service offered on or through the Site, and may also disclose such data if required to do so by law or Artel determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Artel, its employees, users of or visitors to the Site, and the public.

You agree that Artel may, in its sole discretion and without prior notice, terminate your access to the Site/s and/or block your future access to the Site/s if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site/s. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Artel, for which monetary damages would be inadequate, and you consent to Artel obtaining any injunctive or equitable relief that Artel deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Artel may have at law or in equity.

You agree that Artel may, in its sole discretion and without prior notice, terminate your access to the Site/s, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site/s or any service offered on or through the Site/s, or (4) unexpected technical issues or problems.

If Artel does take any legal action against you as a result of your violation of these Terms of Use, Artel will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Artel. You agree that Artel will not be liable to you or to any third party for termination of your access to the Site/s as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access to or use of the Site/s, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Artel and you arising out of or in connection with your use of the Site/s, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void where prohibited

Artel administers and operates the www.artelspace.com Site/s and related ticketing Site/s from its location in New York, NY, USA; other Artel sites may be administered and operated from various locations inside and outside the United States. Although the Site/s is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site/s are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Artel reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site/s is void where prohibited. If you choose to access the Site/s from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Policy Against Unlawful Harassment, Discrimination, and Retaliation

The Company is committed to providing a work and recreational environment free of sexual or any other form of unlawful harassment or discrimination. The Company has a no-tolerance policy, and is committed to maintaining a respectful, courteous work environment in all work- related settings that respects the dignity and worth of each employee. Inappropriate workplace behavior and unlawful harassment are wholly inconsistent with this commitment. No employee, contract worker, customer, vendor or other person who does business with this organization is exempt from the prohibitions within this policy.

Harassment or discrimination based on race, color, ethnicity, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender (including gender identity and gender expression), religion (including religious dress and grooming practices), religious creed, marital status, age, national origin (including language use restrictions and possession of a driver’s license issued under New York Vehicle Code), ancestry, citizenship, physical or mental disability, military and veteran status, genetic information, medical condition (including cancer and genetic characteristics), sexual orientation, or any other protected class, characteristic, or consideration made unlawful under applicable federal, state, or local laws, is illegal and prohibited by Company policy. Such conduct by or toward any employee, contract worker, customer, vendor or anyone else who does business with the Company will not be tolerated.

Prohibited Conduct

Sexual or other unlawful harassment or discrimination includes any verbal, physical, or visual conduct based on sex, race, age, national origin, disability or any other legally protected basis if:

  1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or engagement;
  2. submission to or rejection of such conduct by an individual is used as a basis for decisions concerning that individual’s employment or engagement; or
  3. it creates a hostile or offensive work environment.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and lewd, vulgar, or obscene remarks, jokes, posters, or cartoons, and any unwelcome touching, pinching, or other physical contact. Other forms of unlawful harassment or discrimination may include racial epithets, slurs, and derogatory remarks, stereotypes, jokes, posters, or cartoons based on race, national origin, age, disability, marital status, or other legally protected categories. Prohibited harassment also includes the transmission of materials such as cartoons, jokes, or links to offensive materials online using the Company’s electronic communications system, or through other online conduct.

Treating any employee or individual differently or unfairly because of the characteristics listed above is also prohibited. Unlawful discrimination includes conduct that is based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All Company employees, other workers, and representatives are prohibited from engaging in unlawful discrimination. This policy applies to all terms and conditions of employment, including, but not limited to, recruiting, hiring, training, promotion, discipline, compensation, benefits, and termination of employment.

Complaint Procedure

Employees, contract workers or persons who feel that they have been harassed or discriminated against, or who witness any harassment or discrimination by an employee, contract worker, customer, vendor, or anyone else who does business with the Company, should immediately do the following:

  1. If you feel comfortable enough to do so, tell the person engaging in the harassing and/or discriminating behavior that his or her actions are not welcome and they must stop.
  2. Report the incident verbally or in writing to your supervisor/manager, and/or another supervisor with whom you feel comfortable (including the CEO/President of the Company), or Human Resources.
  3. If the incident is committed by your supervisor/manager, report the incident verbally or in writing to another supervisor with whom you feel comfortable (including the CEO/President of the Company) or Human Resources.
  4. Report any additional incidents or retaliation that occur to your supervisor/manager, and/or another supervisor with whom you feel comfortable (including the CEO/President of the Company), or Human Resources.

Any manager or supervisor who observes, or receives a report of, any form of unlawful harassment, discrimination, or retaliation for conduct protected by this policy, must promptly report the conduct to Human Resources so that an investigation can be conducted and, if appropriate, remedial action can be taken.

Any reported incident will be investigated by qualified personnel in a fair, impartial, timely, and thorough manner that provides all relevant parties with the opportunity to be heard and to present any information he or she thinks is relevant or important for consideration, and that allows the Company to reach reasonable conclusions based on the information collected. In responding to and taking action to address a complaint, the Company will be as discrete as reasonably possible under the circumstances and will maintain confidentiality of the matter to the extent reasonably possible, subject to its obligation to conduct a full and fair investigation. Appropriate action will be taken by the Company to stop and remedy any and all such conduct, including interim measures during a period of investigation. The investigation will be completed in a timely manner, after which the Company will inform the complaining party of the conclusions reached concerning the complaint.

You may find more information and lodge complaints regarding harassment, discrimination, and retaliation by contacting the offices of the New York Equal Employment Practices Commission or the federal Equal Employment Opportunity Commission. The nearest offices of the EEOC can be found at www.eeoc.gov.

Retaliation Prohibited

The Company will not allow retaliation against anyone who makes a complaint under this policy. Employees and contract workers are protected by law from retaliation for opposing or reporting unlawful harassment or discrimination, or for otherwise participating in processes connected with an investigation, proceeding, or hearing conducted by the Company or a government agency with respect to such complaints. The Company will take disciplinary action up to and including immediate termination of any employee who retaliates against another employee or contract worker for engaging in any of these protected activities. Contract workers will be subject to termination of their engagement with the Company for engaging in retaliation.

Violations of Policies

Any employee, contract worker or person who violates this policy will be subject to disciplinary action, up to and including termination of his or her employment or engagement. To the extent a customer, vendor, or other person with whom the Company does business engages in unlawful harassment or discrimination, the Company will take appropriate corrective action to address that situation.

Any employee or person who has questions about this policy or requires further information on the subject of sexual or other harassment or discrimination should contact Artel at hello@artelhotel.com.

Artel is dedicated to creating a safe space for all of its guests, patrons, employees, and contractors. Artel has a zero-tolerance policy against any form of assault, battery, harassment, vandalism, bringing your own alcohol or liquor into the premises without the explicit permission from Artel, and using illicit drugs. Artel does not allow minors into its premises for age restricted events. Artel will also exercise caution against excessive drunkenness and aggressive behavior with the intent to cause harm to other people. If anyone is found to violate the above policies, we will attempt to escort you out of the premises, and escalate incidents to management and the authorities as required. Artel has security cameras on its premises, and video footage recorded on these cameras, as well as eyewitness testimonies may be used as evidence against anyone who violates these policies. Artel may institute a $2 mandatory coat check where necessary, in the case where its management or security team deems that you are carrying beverages, equipment, materials or other paraphernalia that would need to be checked-in, or would otherwise disturb the safe space environment for other guests, patrons, employees and contractors, or negatively affect Artel’s business.

Artel will hire security such as bouncers and bartenders to be present at certain events to provide reasonable action towards preventing assaults. Artel must prevent known hazards on-site. Artel will take steps to remedy and remove any known hazards, in order to prevent foreseeable hazards that can cause or contribute to injuries. Artel will take steps against claimants who are aggressors, who contributed to incidents, who are exaggerating the incident/s or who refused to leave the premises when security personnel, bouncers or bartenders were simply doing their job.

 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. The Terms of Use, Privacy Policy and any other policies, rules or guidelines posted in connection with the Site/s constitute the entire agreement between you and Artel with regard to your use of the Site/s, and any and all other written or oral agreements or understandings previously existing between you and Artel with respect to such use are hereby superseded and cancelled. Artel will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Artel’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Artel of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Artel and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Artel reserves the right to change event details, timings, programming and cancel events at any time, for any reason. Artel does not allow customers to cancel tickets purchased, and does not issue refunds for paid tickets to events, unless Artel is at fault for unreasonably canceling the event.

Contact Information

You can contact us about this Terms of Use statement by writing or emailing us at the address below.

Artel

9 Malcolm X Blvd, Brooklyn, NY 11221

(917) 947-7440

hello@artelhotel.com

EFFECTIVE DATE: February 25, 2020

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Outdoor Bar in Bushwick, Brooklyn

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Artel

Outdoor Bar in Bushwick, Brooklyn