Terms of Use

Thank you for visiting www.bohemiannights.org (the “Website”), which is owned and provided by Bohemian Nights LLC (including its affiliates) (“The Company”). Your use and access of the Website is governed by and subject to the following terms and conditions (“Terms”). If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available below, please do not use the Website or any services offered by the Website.

BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.

The Company has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:

1. change or terminate all or any part of our services;
2. restrict or terminate your access to all or any part of our services; or
3. refuse, move, or remove any content that is available on the Website and any material that you submit to the Website.

Intellectual property ownership

All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by The Company or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between The Company and you, all right, title and interest in and to the Materials will at all times remain with The Company and/or its Owners. The mark BOHEMIAN, The Company logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of The Company. The Company reserves all other rights. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under The Company’s and/or its Owners’ intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, The Company may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Limited use; restrictions on use

No other use of the Website or Materials is authorized. Framing of the Website or Materials or posting Materials on other websites is strictly prohibited. The use or misuse of any Materials, except as provided in the Terms of Use or in the Materials, is strictly prohibited. You shall not, without The Company’s express written consent: (a) distribute Materials to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or reuse all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of The Company in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, and (f) use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to The Company or any third party referenced therein. You shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed, and The Company’s posting of the Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.

Acceptable use

Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):

1. You shall not use the Website to engage in any of the following activities: transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
2. You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of the URL located at www.bohemiannights.org or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and The Company reserves the right to terminate a user’s access to the Website.
3. The Website may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (the “Community Forums”). If the Website includes any Community Forums, the restrictions and obligations contained in this Section shall apply. The Company shall monitor the Community Forums on a regular basis for any readily apparent violations of these Terms of Use or illegal content and take down any content not in compliance with all applicable alcohol industry codes, rules and regulations, including without limitation, the Beer Institute’s Advertising and Marketing Code, the Code of Good Practice for Distilled Spirits Advertising and Marketing, the Wine Institute’s Code of Advertising Standards, the Beer Institute’s Advertising and Marketing Code and Buying Guidelines and DISCUS’ Code of Responsible Practices for Beverage Alcohol Advertising and Marketing and Buying Guidelines. Notwithstanding the foregoing, you acknowledge that The Company is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. The Company reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.

Links

The Website may contain links allowing you to leave the Website for other sites that are not under our control (“Linked Site”). The Company provides the Linked Sites to you only as a convenience and does not endorse any Linked Sites. The Company is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. The Company is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other offsite page or other site is entirely at your own risk. The Company encourages you to carefully read the policies of each site you visit.

Submitted ideas

While The Company appreciates your interest in The Company and the Website, The Company does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of The Company. Further, you understand and acknowledge that The Company employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that The Company is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that The Company assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, The Company shall exclusively own, and you hereby irrevocably transfer and assign to The Company, all now known or hereafter existing rights in and to the suggestion, and The Company shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

The company online privacy policy

The Company takes your privacy seriously. The Company’s online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before using the Website.

United States only

By using the Website, you agree and acknowledge that the Website is hosted in the United States and to the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado.

Disclaimers

Without limiting the foregoing, the content and all other features on the website are provided to you “as is” and “as available” without warranty of any kind with respect to the website and/or content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then the company hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from the company, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, the company does not make any warranties that the website will be uninterrupted, secure or error-free or that your use of the website will meet your expectations, or that the website, content, or any portion thereof, is correct, accurate, or reliable. The company reserves the right to change any part of the website at any time without notice.

Limitation of liability

Your use of the website is at your own risk. Neither the company, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the website or arising out of any action taken in response to or as a result of any content or other information available on the website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if the company was advised of the possibility of such damages. If you become dissatisfied in any way with the website or its terms of use or privacy policy, your sole and exclusive remedy is to stop your use of the website and its services. You hereby waive any and all claims against the company and its affiliates, agents, representatives and licensors arising out of your use of the website. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the company and its affiliates shall not exceed one hundred dollars ($100.) the limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

Special notice for New Jersey users

By using this site, you: (a) assume all risk of losses or damages resulting from your use of or inability to use this site; (b) irrevocably waive all losses or indirect, special, consequential, punitive or incidental damages (including, without limitation, those resulting from lost profits, lost data or business interruption) that may occur as a result of your use of this site; (c) expressly agree to release and discharge the company, and its affiliates, employees, agents, representatives, successors, or assigns from any and all claims or causes of action resulting, directly or indirectly, from your use of this site; and (d) you voluntarily waive any right that you may otherwise have to bring a legal action against the company for losses or damages, whether based on warranty, contract, tort or other legal theory, including any claim based on alleged negligence on the part of the company and its agents and employees. You understand and acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.

Choice of law and enforcement

Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

No framing; links; third-party sites

Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from The Company.

Ability to accept Terms of Use

You affirm that you are more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

No archive

Notwithstanding anything contained herein, the functionality provided to you by the Website and The Company’s systems, networks and servers are not an archive and The Company shall have no liability to you or any other person for loss, damage, or destruction to any information submitted to or via the Website.

Assignment

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Company without restriction.

Notice

From time to time, The Company may revise the Terms of Use. To help you stay current of any changes, The Company takes the following step: The Company notes the date the Terms of Use was last updated below. Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. The Company strongly recommends checking Terms of Use periodically. If, and only if, The Company makes revisions to the Terms of Use that result in a material lessening of the restrictions on The Company’s use or disclosure of your Personal Information, The Company will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

Miscellaneous

The Company’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use were last updated May 1, 2017.

Privacy Policy

Last updated: May 1, 2017

This Policy explains how Bohemian Nights LLC (and its affiliates) (“Bohemian”) collects, uses, and discloses your information when you visit and utilize our website located at www.bohemiannights.org (the “Site”).

Why we collect information

Bohemian collects information and data in order to provide you with access to and use of the Site. We also collect information to refine the Site and to develop de-identified, aggregate information and reports that we provide to third parties.

What information we collect

We collect information in several ways by your use of the Site, as well as from forms you submit to us, or personal correspondence, such as emails or letters that you send to us. We may ask you to voluntarily provide us with personal information through the Site.

We collect two types of information: personally identifiable information (information that identifies you or can be used to identify or contact you) (“Personally Identifiable Information”) and non-personally identifiable information (information that by itself typically cannot be used to identify or contact you, such as demographic information (for example, your age or gender) and other anonymous aggregate statistical data involving the use of the Site) (“Non-Personally Identifiable Information”).

If you wish to play at our venues, use our facilities, or use our Site, we may collect information including, but not limited to: your name, email addresses, band name, social media information, music genre, originality of music, and your role in the band. On an ongoing basis, we may collect additional information on your music preferences, and other information either desirable or necessary to provide quality services to you. We may also collect information about your interaction with the Site, such as your use of the Site and communication preferences.

Additionally, we collect aggregated, Non-Personally Identifiable Information regarding the site you visited prior to the Site, the site you visit after our Site, your IP address, and other information that we may use for marketing and commercial purposes.

Information collected

We collect information about you in various ways when you use the Site. We collect personal information you provide to us.

When you visit our Site, some information is automatically collected. For example, when you visit our Site your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our Site are logged automatically. We also collect information about your usage and activity of the Site.

Cookies.

We may automatically collect information using “cookies.” Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Site and your experience. We use cookies to see which areas and features are popular and to count visits to our Site.

Web Beacons.

We may collect information using Web beacons. Web beacons are electronic images that may be used via the Site or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

Local Shared Objects.

We may use local shared objects, also known as Flash cookies, to store your preferences such as volume control or to display content based upon what you view on our Site to personalize your visit. Third party partners provide certain features on our Site and display advertising based upon your Web browsing activity using Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and way in which data is stored. Cookie management tools provided by your browser usually will not remove Flash cookies. To learn how to manage privacy and storage settings for certain Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.

Use of information we collect

We use personal information collected via the Site for purposes described in this Policy. For example, we may use your information to:

• operate and improve our Site, products, and services;
• understand you and your preferences to enhance your experience and enjoyment using our Site, products, and services;
• process and deliver contest entries and rewards;
• respond to your comments and questions and provide customer service;
• provide and deliver products and services you request;
• send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
• promote musical performances offered at our venues;
• promote goods and services offered by Bohemian;
• extend an offer for you to perform at our venues; and/or
• link or combine it with other personal information we get from third parties, to help understand your needs and provide you with better services.

Sharing of personal information

We do not share your personal information with third parties other than as follows:

• with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies;
• with third party vendors, consultants and other service providers who work for us and need access to your information to do that work;
• to (a) comply with laws or to respond to lawful requests and legal process, (b) to protect our rights and property and that of our agents, customers, members, and others including to enforce our agreements, policies and terms of use or (c) in an emergency to protect the personal safety of any person;
• in connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.

We may also share aggregated or de-identified information.

Payment

The Site links to a third-party processor in order to process payments. All information provided in connection with the purchase of tickets, goods, and services is handled in accordance with the third party’s privacy policy.

Retention of your information

We retain your personal information for only as long as is necessary for the purposes for which we collected it from you.

Security of your personal information

We take commercially reasonable steps to help protect and secure your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. If you submit information to Bohemian, we recommend that you terminate your browser session before leaving your computer. In spite of these protections, Bohemian cannot guarantee the security of any data submitted over the Internet. After your information reaches Bohemian, however, it is stored on servers protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties.

Your information choices and changes

You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your contact preferences and changes to your information including requests to opt out of sharing your personal information with third parties by emailing info@bohemiannights.org.

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features of our Site. To opt out of interest-based advertising by advertisers on our Site visit http://www.aboutads.info/choices/.

California users: your California privacy rights

In addition, California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you may notify us in writing at info@bohemiannights.org.

Changes to this policy

We may change this Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date above.

Questions

If you have any questions about this Policy, please contact us at: info@bohemiannights.org.