Terms of Use
Use of this website is governed by the following terms and conditions—
Use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the Bohemian Empires website.
Bohemian Empires operates this internet site located at www.bohemianempires.com ("Website"). As used herein, the terms “you,” “your,” and “yours” refer to the user or registered user using this Website. The terms “Bohemian Empires,” “Peace Republic of America,” "The Peace Republic," “Human Kind,” "we," “us,” and “our” refer to Bohemian Empires and its related or affiliated companies.
These Terms and Conditions will govern your use of any new features that augment or enhance the current services (together the “Services”), however from time to time, new Services or features may be made available on this Website and you may be required to review and agree to additional terms and conditions and/or download software. Unless otherwise provided by the additional terms and conditions applicable to the new Services you use, the additional terms and conditions are hereby incorporated into these Terms and Conditions. In addition to these Terms and Conditions and any additional terms, the Bohemian Empires privacy policy (the “Privacy Policy”) will govern how your personal information will be used on this Website, and together they form the agreement between you and us (the “Agreement”). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
These terms and conditions may change
BohemianEmpires.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
Notice of copyright or trademark infringement
Bohemian Empires respects the intellectual property of others. When we become aware of allegations of copyright or trademark infringement in material distributed through www.BohemianEmpires.com or any of Bohemian Empires’ other social media platforms, we will investigate and address the allegations. Bohemian Empires’ response can include, without limitation, termination of the infringer’s access to this site or other Bohemian Empires social media.
If you misrepresent that material infringes your intellectual property rights, you may be liable for damages, including attorneys' fees and costs. If Bohemian Empires determines to restrict or terminate a user’s access to www.BohemianEmpires.com or other Bohemian Empires social media, Bohemian Empires will make a good faith effort to notify the person who posted the infringing content so that they may make counter notification pursuant to applicable laws. Bohemian Empires shall document all notices of alleged infringement upon which it decides to take action. A copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If you believe that your trademark rights or copyright have been infringed on by www.BohemianEmpires.com, please provide Bohemian Empires’ DMCA Agent with the following information:
Identification of the trademark or copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on www.BohemianEmpires.com (identified by url) or other Bohemian Empires social media that you are requesting be removed;
Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you;
A statement that you have a good-faith belief that the use of the trademark or copyrighted work is not authorized by the owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner the intellectual property right that is allegedly infringed, and
An electronic or physical signature of the intellectual property owner or someone authorized on the owner’s behalf to assert infringement and to submit the statement.
Bohemian Empires’ agent for notice of claims of infringement is its general counsel, who can be reached as follows:
Bohemian Empires
Attn: General Counsel
E-mail: BeFree@BohemianEmpires.com
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Bohemian Empires’ agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
BOHEMIAN EMPIRES USER CONTRIBUTED CONTENT POLICY
The Bohemian Empires website (www.BohemianEmpires.com), (www.thepeacerepublicofamerica), (thepeacerepublic.com) and social media sites (including, but not limited to, Facebook, Twitter, Instagram and Pinterest), (collectively the “Sites”) may provide opportunities for you to post or store content in the form of text, artwork, photographs, videos and or music on the Sites ("User Content"). User Content is publicly accessible and includes your social media profile information and any content you post pursuant to your profile, but it does not include information you submit to register with or order Bohemian Empires products from www.BohemianEmpires.com. Bohemian Empires is not obligated to maintain any User Content in confidence. You agree that you are solely responsible for your User Content and that you post such User Content at your own risk.
By submitting or posting User Content on the Sites, you grant Bohemian Empires and our subsidiaries and affiliates a worldwide, nonexclusive, royalty free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions.
By submitting or posting any User Content to the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any content that:
contains any defamatory, libelous, obscene, pornographic, offensive, hateful, threatening, or inflammatory material;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
advocates, promotes or assists any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights;
contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
is threatening, abuses or invades another’s privacy, or is likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
is likely to deceive any person or be used to misrepresent your identity or affiliation with any person;
gives the impression that it emanates from Bohemian Empires, if this is not the case; and/or
contains anything that, in Bohemian Empires' sole determination, is objectionable or inhibits any other person from using or enjoying the site, or which may expose Bohemian Empires or the users of the Sites to harm or liability of any kind.
Should you wish to remove any User Content that you have posted, Bohemian Empires' agent for notice for removal can be reached as follows:
E-mail: BeFree@BohemianEmpires.com.
Bohemian Empires reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Bohemian Empires that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms or the terms and conditions of use of the Sites, or any other applicable Bohemian Empires terms, guidelines or policies or any applicable law, rule or regulation.
SOCIAL MEDIA AGREEMENT
WHEN YOU SUBMIT CONTENT (INCLUDING BUT NOT LIMITED TO, PHOTOS, TEXTS, ARTWORK, MUSIC AND MUSIC) (“CONTENT”) TO THE BOHEMIAN EMPIRES WEBSITES (www.BohemianEmpires.com), (www.thepeacerepublicofamerica.com), (www.thepeacerepublic.com), OR BOHEMIAN EMPIRES MAINTAINED SOCIAL MEDIA SITE (A “SITE”) OR SEND THE HASHTAG #BOHEMIANEMPIRES, YOU AGREE TO BE BOUND BY THESE TERMS.
This Social Media Agreement incorporates by reference Bohemian Empires' Website Terms and Conditions of Use and Privacy Policy. (http://www.BohemianEmpires.com/terms-of-service.html). In the event of any conflict or inconsistency between these Terms and the Website Terms and Conditions of Use or Privacy Policy, these Terms will prevail, govern and control with respect to the Content.
You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (c) Bohemian Empires' use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow Bohemian Empires to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
You hereby grant to Bohemian Empires a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on Bohemian Empires' website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Bohemian Empires (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing,, this license includes, and you expressly consent to, Bohemian Empires' right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Bohemian Empires to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Bohemian Empires or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Bohemian Empires' request.
You agree to sign and deliver documents and take any other actions reasonably requested by Bohemian Empires to effectuate, perfect or evidence the license and rights granted in these Terms.
You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
To the fullest extent allowed by law, you hereby release Bohemian Empires and its employees, contractors, sponsors or any other person acting under Bohemian Empires' permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of Bohemian Empires' actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
These Terms, including the Bohemian Empires online Terms and Conditions of Use and Privacy Policy and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and Bohemian Empires in relation to the Content you’re licensing. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.
These Terms will be governed by applicable federal law and the laws of the State of Iowa, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Bohemian Empires rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).