These terms and conditions involve binding legal rights and obligations. Please read these terms and conditions carefully before making any transactions through or relying up on information contained in this website.
Use of Materials and Communications
No communication or material you transmit to or through this website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, or will be treated as, confidential and proprietary. Anything you transmit or post becomes the property of Bluegrass Heritage Foundation and its agents and affiliates (collectively referred to as “BHF”) and may be used for any purpose, including, but not limited to, future communications, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Bluegrass Heritage Foundation is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to it for any purpose whatsoever, commercial or otherwise, including but not limited to developing or marketing products, services, or programs using such information.
You expressly understand and agree that (a) the products and services provided by BHF through this website or otherwise are provided on an “as is” and “as available” basis, that BHF makes no warranties, representations, or conditions (as used in this section, “warranties”) of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and that all such warranties are hereby expressly disclaimed, and (b) BHF specifically makes no warranties that any of its products or services, including any content, information, products, or services obtained from or through the use of this website, will be provided on an uninterrupted, timely, secure, or error-free basis or that such products or services or the results derived therefrom will meet your requirements or expectations.
Limitation Of Liability
You expressly understand and agree that in no event shall BHF or any of its agents or affiliates be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special, or exemplary damages, and any damages for loss of profits, savings, goodwill, or other intangible losses, regardless of whether BHF had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any of the services of this site, or (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to this site or any of the services.
Policies and Procedures for BHF Activities and Events
For the safety and enjoyment of all participants and guests, every person attending any BHF event or activity (including festivals, shows, workshops, classes, and jam sessions) must be well behaved and must not be disruptive. Any participant or guest who behaves unacceptably (in BHF’s sole discretion) or violates any BHF policy or procedure may be asked to leave the premises. The ticket or registration of any participant or guest who violates any BHF policy or procedure may be terminated without refund.
No pets (except for required seeing-eye dogs), alcoholic beverages (except for alcoholic beverages served at the event by the venue operator, if the event is held at a venue for which the operator holds a valid alcoholic beverage license), tobacco products, firearms, or non-prescription drugs will be permitted at any BHF events or premises at any time.
By purchasing a ticket or registration for any BHF event or activity, the guest or participant (referred to as the “Event Participant”) hereby forever releases, holds harmless, waives, and discharges BHF and each of its affiliates, officers, agents, representatives, sponsors, partners, employees, and members (collectively, the “BHF Parties”) from and against any and all liabilities, debts, obligations, expenses, damages, judgments, claims, and demands of any nature or description, in equity or at law, that the Event Participant (or his or her heirs or personal representatives) may now have, acquire, own, or hold, or at any time heretofore owned or held, or could or may hereafter own, acquire, or hold against any one or more BHF Parties, known or unknown, suspected or unsuspected, asserted or not, arising out of participation or attendance by the Event Participant in events or activities conducted by one or more of the BHF Parties even if the risks and liabilities that the participant is releasing arise out of the negligence or carelessness of one or more of the BHF Parties (collectively, the “Released Claims”). This release is intended to be binding on all of the Event Participant’s heirs and assigns. The Event Participant admits the possibility that he or she, or his or her successors, may not fully know the number or magnitude of all Released Claims, but nevertheless intends to assume all risks by releasing such unknown claims, and agrees that this release is a full and final release and wavier of all Released Claims. The Event Participant further indemnifies and agrees to hold harmless the BHF Parties for any liabilities, debts, obligations, expenses, damages, judgments, claims, and demands of any nature or description, in equity or at law that the Event Participant or his or her guests may cause other persons or entities to incur as a result of the actions of the Event Participant or his or her guests.
Event Participant hereby grants to BHF, for its benefit and for the benefit of others, the non-exclusive and perpetual right to (a) interview, photograph, or otherwise capture the image of Event Participant, both in still and motion pictures, (b) record the voice of Event Participant, separately and in synchronization with images, by any means known or hereafter discovered, and (c) use and duplicate such photographs or other images, whether in print, videotape, digital, or other formats, and reproduce the voice of Event Participant, separately or together with such images for all purposes. All copies of Event Participant’s image, likeness, and voice created or recorded by any one or more of the BHF Parties shall be the exclusive property of BHF. Event Participant agrees that the copyright in any work captured by any one or more of the BHF Parties shall be the exclusive property of BHF, with all such rights in and to said work having been transferred by Event Participant to BHF.
Event Participant agrees, represents, and warrants that he or she has read these Terms and Conditions, understands the contents, has had the opportunity to obtain legal advice as to its effect, and is under no duress of any kind to agree to it by proceeding with any transaction involving BHF or this website. Event Participant agrees that his or her agreement and consent to this entire statement of Terms and Conditions is a necessary condition to Event Participant’s engaging in any transaction with BHF, whether through this website or otherwise, and that these Terms and Conditions reflect the understanding of Event Participant with respect to all subject matter addressed herein. Event Participant agrees that BHF is entitled to rely upon Event Participant’s agreement and consent to these Terms and Conditions for all purposes.