Last updated 5/15/2018
General
The web site accessible through www.TresBohemes.com (the “Website”) is owned, operated and distributed by Kytka Hilmar-Jezek DBA Tres Bohemes (“Tres Bohemes”). User Submissions are owned by their creators and licensed to Tres Bohemes. All other content and features available on the Web Site are owned by or licensed to Tres Bohemes. BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “TERMS OF SERVICE”) AND THE TERMS AND CONDITIONS OF THE TRES BOHEMES PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE TRES BOHEMES WEBSITE. These Terms of Service apply to all users, including both users who are simply viewing the Website and users who are also contributors of content, information, and other materials or services on the Website.
You may use the Website solely for your personal, noncommercial use. You agree that you will not: (a) copy or distribute any part of the Website in any medium without Tres Bohemes’s prior written authorization; or (b) alter or modify any part of the Website in any manner. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you represent and warrant to Tres Bohemes that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify Tres Bohemes immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tres Bohemes without restriction.
Use of the Website is available only to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use the Website.
Tres Bohemes may, at its sole discretion, modify these Terms of Use at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications.
Third Party Content
The Website may contain links to third party websites that are not owned or controlled by Tres Bohemes. You acknowledge and agree that Tres Bohemes has no control over such sites and resources, is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third Party Content”). Tres Bohemes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content.
Intellectual Property Rights
Except where otherwise indicated, all material included on the Website, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to Tres Bohemes, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Website is subject to copyright owned exclusively by Tres Bohemes. Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Tres Bohemes or (in the case of User Submissions (as hereinafter defined), the owner of such User Submission). Tres Bohemes reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
User Submissions
Content submitted by users for inclusion on the Website is referred to in these Terms of Service as “User Submissions.” Whether or not such User Submissions are published, they will be subject to these Terms of Use. Tres Bohemes does not guarantee any confidentiality with respect to User Submissions (whether or not published). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize Tres Bohemes to use the User Submissions in the manner contemplated by the Website and these Terms of Service.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Tres Bohemes, you hereby grant Tres Bohemes an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
Tres Bohemes does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Tres Bohemes reserves the right to remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User’s access to its Website for any reason.
Tres Bohemes will not tolerate violations of intellectual property rights on the Website. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Tres Bohemes notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” via this form that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT IS PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, TRES BOHEMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TRES BOHEMES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TRES BOHEMES’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. TRES BOHEMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRES BOHEMES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRES BOHEMES WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL TRES BOHEMES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by Tres Bohemes from its facilities in the United States of America. Tres Bohemes makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Tres Bohemes and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Website.
Code of Conduct for Tres Bohemes Users
You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Tres Bohemes. In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Website: (i) abuse, harass, threaten, impersonate or intimidate others; (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user; (iv) transmit unwanted email or other communications; or (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on Tres Bohemes’s infrastructure; (vii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (viii) bypass any measures Tres Bohemes may use to prevent or restrict access to the Site; or (ix) participate in any effort that in any way artificially alters the results of any voting or rating mechanism on the Website.
Miscellaneous
You agree that the Website shall be deemed a passive website based solely based in Florida and shall not give rise to personal jurisdiction over Tres Bohemes, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal laws of the State of Florida, without regard to its conflict of laws principles. Any claim or dispute between you and Tres Bohemes that arises in whole or in part from the Website shall be subject to the exclusive jurisdiction of the federal and State courts located in Florida. These Terms of Service, together with the Privacy Policy and any other legal notices published by Tres Bohemes on the Website, constitute the entire agreement between you and Tres Bohemes concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Tres Bohemes’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
