Terms of Service

These terms of service (as amended from time to time, this "Agreement") governs your (“User” or “you”) access to Bohemia Way’s website, Bohemia Way’s software applications (including applications for mobile devices), and Bohemia Way’s Services (defined below) (collectively, the "Website"). The Website is the property of The Bohemia Way, Inc. (“Bohemia Way”) and its licensors. By accessing or using the Website, you agree to be bound by this Agreement. These terms of service shall be effective as of the date that you first access the Website, subscribe to our newsletter or register as a user of Bohemia Way, whichever is earlier, and thereby accepts these terms of services (the “Effective Date”). These terms of service hereby incorporate by reference the Bohemia Way’s Privacy Policy (as amended, the “Privacy Policy”), as in effect from time to time as set forth on Bohemia Way’s website. BOHEMIA WAY HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THIS AGREEMENT AND THE PRIVACY POLICY.  User’s use of Bohemia Way’s Service or Website after changes to this Agreement are posted on the legal page of Bohemia Way’s website will constitute User’s acceptance of any such amendments and modifications.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" BUTTON, OR ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE BOHEMIA WAY’S WEBSITE OR BOHEMIA WAY’S SERVICES.

1. Permitted Use of Bohemia Way’s Services

You must be over thirteen (13) years old in order to access the Website, use the services, products, applications, mobile applications and/or access any content provided by Bohemia Way through use of the Website (collectively, “Services”), provide any personal information, or otherwise submit personal information through the Services or Website, including, but not limited to, your name or email address. 

Bohemia Way will make available to you certain Services. The functionality or form of these Services may change without prior notice to you. Bohemia Way retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Bohemia Way may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability, pursuant to the terms of this Agreement. Bohemia Way may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. For purpose of this Agreement, “Content” shall mean photos, postings, comments, messages, video, audio, images, illustrations, written posts, links, information, logos, tools, data, text, scripts, executable files, graphics, interactive features (collectively, “Content”) available on the Website.

2. Prohibited Use of Bohemia Way’s Services

Bohemia Way wants to ensure that certain behaviors do not jeopardize our users, threaten our infrastructure or damage our community. As such, Bohemia Way prohibits the following activities with respect to the use of its Services and Website:

1. You may not impersonate anyone or create fake subscription name and email address;
2. You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Services;
3. You may not sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the information or content provided by Bohemia Way through the Website or Service, or any portion thereof, in any manner whatsoever;
4. You may not "frame" or "mirror" any part of the Website without our prior written authorization; and
5. You may not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index or "data mine" the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures.

3. Registration

You do not need to register with Bohemia Way’s Website in order to navigate and explore the Website. As a condition to using certain Services or receive certain updates, however, you may be required to enter your name and email address. User acknowledges and agrees that all information provided to Bohemia Way will be accurate, current and complete. Bohemia Way reserves the right to terminate this Agreement and User’s use of the Website and Services at any time in its sole discretion.

4. Bohemia Way’s Rights

Bohemia Way grants User a limited, non-exclusive, non-transferable, and revocable license to use the Website and Services. Bohemia Way does not endorse or make any warranties or representations with respect to the accuracy, fitness, completeness or timeliness of any Content posted on the Website.

5. Third-Party Links

Bohemia Way’s Website may contain links to third party websites for your convenience and it does not indicate any approval or endorsement by Bohemia Way of any linked website or any product or material contained on any linked website. Bohemia Way does not control the linked websites or the content provided through such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and Bohemia Way disclaims all liability for such use. By accessing any third party website or content, User does at its own risk and agrees that Bohemia Way will have no liability arising from User’s use of or access to any third party website or content.

6. Copyright and Trademark

Bohemia Way does not claim any rights to any content posted on Bohemia Way’s Website unless such content is expressly copyrighted or otherwise attributed to Bohemia Way.

Bohemia Way respects third party intellectual property rights. As such, Bohemia Way developed a Copyright and Trademark Infringement Policy where third parties who believe their copyright or trademark rights had been violated can submit complaints to Bohemia Way. The Copyright and Trademark Infringement Policy is available at www.thebohemiaway.com/copyright.

7. Ownership

The Website is owned and operated by Bohemia Way and its licensors, and the Services (and any intellectual property and other rights relating thereto) are and will remain the property of Bohemia Way and its licensors. The Website and the Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service without Bohemia Way’s prior written permission. Use of the Website or any Services for any other purpose beyond the terms of this Agreement is strictly prohibited. USER ACKNOWLEDGES AND AGREES THAT USER DOES NOT ACQUIRE ANY OWNERSHIP RIGHTS BY USING THE WEBSITE OR ANY SERVICES.

Nothing contained in this Agreement, the Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Bohemia Way’s intellectual property without the express written permission of Bohemia Way, Bohemia Way’s licensors, or the third party owner of any such intellectual property.

8. Term & Termination

This Agreement is effective from the Effective Date and shall remain effective until terminated in accordance with its terms. Bohemia Way may immediately terminate this Agreement, and/or your access to and use of the Website and Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice or liability. This Agreement will also terminate automatically if User fails to comply with any term or provision of this Agreement.

Bohemia Way reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, the Services, or any part or portion thereof, with or without notice to User. User agrees that Bohemia Way shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website or any Services, or any part of portion thereof. Upon termination of your access to or ability to use a Service your right to use or access such Service will immediately cease. Sections 3, 4, 6, 7, 9, 10, 11 shall survive the termination of this Agreement. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Bohemia Way or any third party.

9. Disclaimers

THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, THE INFORMATION AND THE SERVICES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE OR THE SERVICE, OR YOUR USE OF THE WEBSITE OR THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.

BOHEMIA WAY MAKES NO WARRANTY, REPRESENTATION, ENDORSEMENT OR GUARANTEE WITH RESPECT TO THIRD PARTY PRODUCTS SHOWED ON THE WEBSITE, AND BOHEMIA WAY SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, ENDORSEMENT OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS. BOHEMIA WAY ALSO MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO ANY ADVICE, INFORMATION OR SUGGESTIONS MADE ON BOHEMIA WAY’S WEBSITE ABOUT HEALTH, NUTRITION, MEDICAL CONDITIONS, PSYCOLOGICAL CONDITIONS OR WELLNESS AND ALL USERS ARE STRONGLY ENCOURAGED TO CONSULT WITH A LICENSED MEDICAL PROFESSIONAL BEFORE RELYING UPON OR USING ANY SUCH ADVICE, INFORMATION OR SUGGESTIONS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOHEMIA WAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT BOHEMIA WAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. USER’S SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. IN NO EVENT SHALL BOHEMIA WAY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THE SERVICES EXCEED ONE HUNDRED US DOLLARS (US $100.00).

11. Indemnification

User agrees to fully indemnify, defend, and hold Bohemia Way, its licensors, agents, successors, assigns, directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) User’s breach of this Agreement, including but not limited to the Copyright and Trademark Infringement Policy; (b) User activities in connection with the Website or other websites to which the Website is linked; and/or (c) User gross negligence or willful misconduct.

12. Jurisdictions and Governing Law

User agrees that for any dispute User has with Bohemia Way, it will contact Bohemia Way first and attempt to resolve the dispute with us informally. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BOHEMIA WAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law provisions. The parties hereby irrevocably submit and consent to the jurisdiction of all federal and state courts in Texas and hereby irrevocably agree that the sole venue for all disputes under this Agreement shall lie exclusively in Harris County, Texas.

13. Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between User and Bohemia Way relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be changed, waived or modified except by Bohemia Way as provided herein or otherwise by written instrument signed by Bohemia Way. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by User except with Bohemia Way's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Bohemia Way may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.