The Company has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
- change or terminate all or any part of our services;
- restrict or terminate your access to all or any part of our services; or
- 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
Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
- 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.
- 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.bohemianfoundation.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.
United States only
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 ANYTIME WITHOUT NOTICE.
Limitation of liability
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.
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.
Last updated: May 1, 2017
This Policy explains how Bohemian Foundation (and its affiliates) (“Bohemian”) collects, uses, and discloses your information when you visit and utilize our website located at www.bohemianfoundation.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.
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.
- 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;
- 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.
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 .
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 .
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.