OPEN:
{Kitchen serves until the crowd thins, or our last guest’s order is placed, typically around 9pm-ish}
Mondays 4p – 9p
Tuesdays 4p – 9p
Wednesdays 4p – 9p
Thursdays 4p – 9p
Fridays 4p – 10p
Saturdays 4p – 10p
Sundays 4p – 9p
CLOSED:
Thanksgiving
Christmas
New Years Day
Occasionally other days too –due to private parties or other oddball extracurricular activities beyond our control…
Bang Up to the Elephant
1310 N. Pearl Street, Denver, CO 80203
Call Us: (303) 792-4949
Parking is street parking only. Unless there’s a meter, it’s free.
Take your time —as parking in Cap Hill is always a challenge (it’s the most dense residential neighborhood in Colorado, after all). We recommend walking, bicycling, scootering, ride-share, taxi, or good ol’ public transit. But hey, if you have to walk an extra block, take in the scenery, we have oodles of beautiful nature on Cap Hill!
Bang Up to the Elephant
1310 N. Pearl Street, Denver, CO 80203
Call Us: (303) 792-4949
{All calls lead to voicemail; please leave a voice message (or email us) and we’ll get back with you as soon as possible}
Planning a party? This is the place to book those dreamy memories: [email protected]
Artists, Performers, Musicians, and under-appreciated Weirdos: [email protected]
You can do anything, you can be anyone you want. But, how often do you get to be part of a bonafide Denver vegan-restaurant troupe -complete with a roof-top wave pool? Sure, the place is a bit different (actually organized, stocked-up, in good repair, and happy spirits), but you get used to the ways… You’ll probably become fond of it, really.
HOW TO APPLY: While experience is important, resumes aren’t required. We prefer to learn something about you. Simply reply to this page with one or two original paragraphs explaining why you’d like to work with us and why we’d enjoy working with you. We’d also like to know what you care about, what you’re working on and towards, and maybe what you can share or help with while working here. Overall, let us know why we may be a good fit for each other.
Please also include at least one reference (and their contact info) of someone who you highly respect and know pretty well and/or have highly respected while working with them previously.
*Alternatively, we welcome you to stop in anytime between 3:30pm – 5:30pm, Sunday – Thursday for a quick introductory chat.
Bang Up to the Elephant
1310 N. Pearl Street, Denver, CO 80203
Click a tab just above to ruin your eyesight…
Updated: September 2022
‘Bang Up to the Elephant’ LLC and its parents, subsidiaries, and affiliated entities (“”Bang Up to the Elephant”, “Tipsy Elephant, LLC”, “the Company,” “we”, “us” or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). We have created this Privacy Policy to inform you of our policies regarding the collection, use and disclosure of personal information as well as the rights and choices you have associated with that information.
This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications or collected online or offline, which include:
By using this Site, you consent to the collection and use of the personal information in accordance with this Privacy Policy and our banguptotheelephant.restaurant. If you do not feel comfortable with any part of this Privacy Policy or our Terms of Use, you should not use or access our Site or services.
We may update this Privacy Policy from time to time and make changes to information previously collected, as permitted by law. If we make material changes, we will post the updated Privacy Policy on this page with an “Updated” effective date of the revisions. We encourage you to look for updates and changes to this Privacy Policy by checking this date when you access our websites and mobile applications.
Please note that our websites may contain links to third-party websites, such as delivery services and social media pages. These links are intended for your convenience only. These third-party websites and services are not related to ‘Bang Up to the Elephant’ and may have separate privacy policies and data collection practices. We have no responsibility for these websites or their privacy practices and encourage users to read the privacy policies of all websites they visit.
We collect personal information when you interact with our Site, mobile applications and physical locations. Personal information is any information that relates to you, identifies you personally, or could be used to identify you including, but not limited to: your name, mailing address, email address, telephone number, or any other information.
The types of personal information that we may collect about you include, but are not limited to: information you provide to us, information collected automatically about your use of our Site and services, information from third-parties, and information received from other sources to help us supplement our records, improve the personalization of our service to you, and to detect fraud.
Information You Voluntarily Provide to Us
The personal information we collect on or through our Site or services may include:
Information from Third-Parties
When you interact with any ‘Bang Up to the Elephant’ property page or account on a social media platform, we may collect the personal information that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service. The information we obtain depends on your privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform and we will only collect and store such personal information that we are permitted to collect by those social media platforms. When you access the Site or our services through social media channels or when you connect the Site to social media services, you are authorizing us to collect, store, and use such information and content in accordance with this Privacy Policy.
Information Collected Automatically
As you navigate through and interact with our Site or services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
Information Collected from Other Sources
We receive information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our service to you, and prevent or detect fraud.
Some information we collect is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you.
We may use cameras in stores to keep employees and customers safe and to look for ways to improve our customer experience. We do not use these cameras to identify people except when necessary for security reasons.
We may use cookies, embedded scripts, software development kits (“SDKs”) and other similar tracking technologies (collectively, “Tracking Technologies”) to collect additional personal information automatically as you interact with the Services and to personalize your experience with our Services. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.
For more details about the cookies utilized on our Site and Services, as well as how we use them, please see our Cookie Policy.
Cookies
Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted.
The cookies used on our Site and Services may be categorized as:
We use first-party and third-party cookies for the following purposes: to make our Services function properly, to improve our Site or services, to make login to our Site or services easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Site or services, to enhance your experience with the Site or services, to remember information you have already provided, to collect information about your activities over time and across third-party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Site or services.
Your Choices
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.
We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
Analytics
We may use third-party service providers to monitor and analyze the use of our Site. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: tools.google.com/dlpage/gaoptout.
Behavioral Remarketing
We also use remarketing services to advertise on third-party websites to you after you visited our Site or services. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service. We use Google Ads for these purposes. Google Ads remarketing service is provided by Google. You can opt-out of this by visiting the Google Ads Settings page: google.com/settings/ads.
Other Tracking Technologies
We may also use Tracking Technologies to collect “clickstream” data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Site, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Site for the same purposes.
Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Pages of our Site may also use Java scripts, which are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components; entity tags, which are HTTP code mechanisms that allow portions of websites to be stored or “cached” within your browser to accelerate website performance; and HTML5 local storage, which allows data from websites to be stored or “cached” within your browser to store and retrieve data in HTML5 pages when the website is revisited.
Do Not Track
Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
Location Information
You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third-parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.
Device Camera and Microphone
Some of the features on our Site and services may require access to the camera or microphone of your computer or mobile device. You must give your permission before we access your device’s camera or microphone, and you can adjust the settings of your device at any time to control access to your camera or microphone.
We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place. The purposes for which we may use your personal information include:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please use the contact information in the “Contact Us” section below to notify us of your opt-out preference.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We may share or disclose your personal information in the following circumstances:
Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.
We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. ‘Bang Up to the Elephant’ will also retain Site and services usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer periods.
In order to provide service to you, we may send you communications related to your transactions, security, or the administration of this website. From time to time, we may also send you other messages or updates about ‘Bang Up to the Elephant’, our website, and promotions or other activities. If you do not wish to receive non-transaction/security related communications from ‘Bang Up to the Elephant’, you may opt-out by clicking the “unsubscribe” link in the communication or contact us where specified in the “Contact Us” section, below.
You may also update information about your account with us. We will update and correct your profile if you wish to make changes. Please note that if you opt out of receiving communications from us, we may still send you service communications such as emails about your account or the status of your application.
Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third-parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.
Similarly, you may opt in to receive text messages, telephone calls and mailings. Where our mobile applications allow for the delivery of “push notifications” you can also opt out of receiving these notifications by toggling the “Notifications” switches within our mobile applications to “off.” By downloading and using our mobile applications, you may receive promotional messages, offers, news and information about ‘Bang Up to the Elephant’ or our business partners within the mobile application itself. These “in app” messages are part of our mobile application’s functionality and cannot be turned off. If you do not want to receive “in app” messages, offers, news and information, do not download or use our mobile application.
You have the right to access, correct and delete your personal information that you shared with us on our Site or services. We are committed to ensuring that your personal information is kept accurate and up to date. However, it is up to you to update it with any changes. You can review and change your personal information by logging into the Site and visiting your account profile page. You may also notify us via the information in the “Contact Us” section below to request access to, or to correct any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you no longer wish to have your personal information be processed, you may request to delete your account and the information in your account, subject to certain limitations, by emailing us as described below. Once you submit your request, we will send an email to the email address linked to your account requesting that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be canceled, undone, withdrawn, or reversed. When your account is deleted, all associated personal information is deleted.
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third-parties with whom we may share your Personal Information.
We generally collect the following categories of Personal Information about your when you use our Site or services:
We generally do not collect education-related information. For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.
We collect your Personal Information for the business purposes described in Section 3, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of third-parties with whom we may share your Personal Information are listed in Section 4, above.
Privacy Rights
If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.
In addition, California Civil Code Section 1798.83 permits customers of ‘Bang Up to the Elephant’ who are California residents to request certain information regarding our disclosure of Personal Information to third-parties for their direct marketing purposes. In your request, please specify that you want a “’Bang Up to the Elephant’’s California Privacy Rights Notice.” Please allow 30 days for a response. To make such a request, please call us at (303) 792-4949 or write us at:
Attn: Privacy Officer
‘Bang Up to the Elephant’
PO Box 18844 Denver, CO 80218
[email protected]
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third-party payment processors, who will use appropriate security procedures.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including personal information, to United States and process it there.
‘Bang Up to the Elephant’ will take all the steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your personal information. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Site or services.
The Site or services may be linked to, rely on and be integrated with websites, applications, interfaces, services and platforms operated by other companies, including third-party services. The Site or services may also feature advertisements from these companies. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third-parties that are linked to, rely on and/or integrated with the Site or services or for the privacy practices of third-party advertising companies. Once you leave this Site or our services via a link, access a third-party service or click on an advertisement, you should check applicable privacy policies to determine, among other things, how related companies process personal information they may collect about you. This Privacy Policy applies solely to information collected by ‘Bang Up to the Elephant’.
‘Bang Up to the Elephant’ websites, online services, and mobile applications are not directed toward children under the age of 16 and we do not knowingly collect any personal information from children under the age of 16. If a child under 16 provided our website, online service, or mobile application with personal information, so that we may promptly delete the child’s information from our record, we ask that a parent or guardian contact us as described below.
We welcome your questions, comments, and concerns about privacy. You can contact us by calling (303) 792-4949, or writing us at:
Attn: Privacy Officer
‘Bang Up to the Elephant’
PO Box 18844 Denver, CO 80218
[email protected]
Updated: December, 2019
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. Your use of this website or any mobile site or other domain or software application which Bang Up to the Restaurant and/or Tipsy Elephant, LLC (defined below) owns, operates, licenses or controls (the “Site”) will indicate your acceptance of these terms; do not use this Site if you do not agree to be bound by these terms. We may periodically change these terms, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. These terms of use contain provisions that limit our liability to you.
Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of Bang Up to the Restaurant (defined below).
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT BANG UP TO THE ELEPHANT AND/OR TIPSY ELEPHANT, LLC AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY “BANG UP TO THE ELEPHANT” AND/OR TIPSY ELEPHANT, LLC) ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT BANG UP TO THE ELEPHANT AND/OR TIPSY ELEPHANT, LLC OR ITS EMPLOYMENT OPPORTUNITIES, POLICIES OR PROCEDURES. PRIOR TO MAKING AN INVESTMENT DECISION RELATED TO BANG UP TO THE ELEPHANT AND/OR TIPSY ELEPHANT, LLC , PLEASE CONSULT AVAILABLE SOURCES.
COPYRIGHT AND TRADEMARK
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by Bang Up to the Elephant or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without Bang Up to the Elephant’s express written consent. All rights not expressly granted are reserved.
PERSONAL USE
Your use of the contents and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Bang Up to the Elephant, and that in the event of an unauthorized use Bang Up to the Elephant shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
SUBMISSIONS AND USE OF THIS SITE
You agree not to introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site. You agree that you are and shall remain solely responsible for the content of any submissions that you may make to this Site, and that you will not submit material that are unlawful, defamatory, abusive or obscene. You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
Bang Up to the Elephant does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Bang Up to the Elephant’s products or marketing strategies might seem similar to ideas submitted to Bang Up to the Elephant. So, please do not send your unsolicited ideas to Bang Up to the Elephant or anyone at Bang Up to the Elephant.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of Bang Up to the Elephant without compensation to you or any other person or party; (2) Bang Up to the Elephant will consider the submission to be non-confidential and non-proprietary; (3) Bang Up to the Elephant shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) Bang Up to the Elephant may use or redistribute the submission or its content for any purpose and in any way it chooses; and (5) the submission does not contain trade secrets or proprietary information owned by another. You agree to execute any documents required by Bang Up to the Elephant to confirm such rights.
PRODUCT SALES AND AVAILABILITY
All prices displayed on this Site are in U.S. Dollars for restaurant locations in the United States of America, including Puerto Rico, and in Canadian Dollars for restaurant locations in Canada and are valid and effective only at the restaurant location specified. Bang Up to the Elephant reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.
LINKS
Some embedded content or links on this Site will redirect you to sites not under the control of Bang Up to the Elephant. The appearance of embedded content or a link on this Site does not imply Bang Up to the Elephant’s support or endorsement, nor is Bang Up to the Elephant responsible for the quality, content, nature or reliability of information found on any embedded content or linked site. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk.
THIRD-PARTY ADVERTISEMENTS AND PROMOTIONS
Bang Up to the Elephant may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Bang Up to the Elephant is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such third-party information on the Site.
PRIVACY AND COOKIES
For detailed information about Bang Up to the Elephant’s data collection and use practices, as well as the choices you have in relation to your personal information, please see our Privacy Policy. For further information on our use of cookies and other tracking technologies, please see our Cookie Policy.
MODIFICATIONS TO THE SITE
Bang Up to the Elephant reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Bang Up to the Elephant will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
JURISDICTION
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bang Up to the Elephant, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, (iii) your violation of any rights of any third party, or (iv) your conduct in connection with the Site.
DISCLAIMER
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, BANG UP TO THE ELEPHANT MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Bang Up to the Elephant does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Bang Up to the Elephant is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. The Site may contain links or information which includes press releases or forward-looking statements as defined by the U.S. Private Securities Litigation Reform Act of 1995. The information contained within any press releases issued by Bang Up to the Elephant should not be deemed accurate or current except as of the date the release was posted. Any forward-looking statements on or available through this Site are based on Bang Up to the Elephant’s expectations as of the date such forward-looking statements are made and are neither predictions nor guarantees of future events or circumstances. Bang Up to the Elephant assumes no obligation to update any of these forward-looking statements and assumes no liability for any inaccuracies or incorrect predictions in the forward-looking statements. To the extent any information from this Site is forward-looking, it is intended to fit within the safe harbor for forward-looking statements. Any use of information on this Site is at your own risk.
LIMITATION OF LIABILITY
BANG UP TO THE ELEPHANT AND/OR TIPSY ELEPHANT, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. BANG UP TO THE ELEPHANT AND/OR TIPSY ELEPHANT, LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF BANG UP TO THE ELEPHANT AND/OR TIPSY ELEPHANT, LLC IS NEGLIGENT OR IF BANG UP TO THE ELEPHANT AND/OR TIPSY ELEPHANT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL BANG UP TO THE ELEPHANT AND/OR TIPSY ELEPHANT, LLC BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. BANG UP TO THE ELEPHANT’S AND/OR TIPSY ELEPHANT, LLC’S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
SEVERABILITY
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
WAIVER
Failure or delay by Bang Up to the Elephant to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by Bang Up to the Elephant of any provision shall be deemed to have been made unless made in writing.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please CONTACT US (with “California Resident Request” as the Subject Line), call us at (303) 792-4949, or send a letter to us at ‘Bang Up to the Elephant’ PO Box 18844 Denver, CO 80218. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
For information about your rights under the California Consumer Privacy Act, please see the “Your California Privacy Rights” section of our Privacy Policy.
CONTACT US
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.
You may contact us at: CONTACT US
Effective Date: January 1, 2020
This cookie policy (“Cookie Policy”) explains what cookies are and how Bang Up to the Elephant LLC and its parents, subsidiaries, and affiliated entities (“Bang Up to the Elephant,” “the Company,” “we”, “us” or “our”) use cookies and similar tracking technologies when you visit our website or any other websites, pages, features, mobile applications, or content that we own or operate (collectively, the “Site”). We encourage you to read the full policy so that you can understand what information is collected using cookies and how we use that information.
This Cookie Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Use. You should also familiarize yourself with our Privacy Policy. By accessing or using our Site, you accept the data practices and terms detailed in our Cookie Policy.
If you do not agree with this Cookie Policy, please discontinue your access or use of the Site immediately. This Cookie Policy does not apply to services offered by other companies or other sites linked to from our Site. If you have questions regarding our Cookie Policy, please contact us as described in the “Contact Us” section below.
We may update this Cookie Policy from time to time and make changes to information previously collected, as permitted by law. If we make material changes, we will post the updated Cookie Policy on this page with a “Last Updated” effective date of the revisions. We encourage you to look for updates and changes to this Cookie Policy by checking this date when you access our Site.
We may use cookies, embedded scripts, software development kits (“SDKs”) and other similar tracking technologies (collectively, “Tracking Technologies”) to collect additional personal information automatically as you interact with our Site and to personalize your experience with our Site. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.
Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. Cookies set by us are called “first party cookies,” while cookies set by parties other than Bang Up to the Elephant are called “third-party cookies.” The parties that set third-party cookies can recognize your web browser both when it visits our Site and when it visits certain other websites or mobile applications.
The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted. We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third party’s website for more information on how they use cookies.
The following types of cookies are used on our Site:
We may also use other Tracking Technologies to collect “clickstream” data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Site, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Site for the same purposes.
Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Pages of our Site may also contain social media widgets, which are buttons or icons provided by third-party social media providers that allow you to interact with those social media services when you view a web page or mobile app screen. These social media widgets may collect browsing data, which may be received by the third party that provided the widget, and are controlled by the third parties.
Within our mobile applications, we use third-party software development kits that are embedded in the apps. These app SDKs permit the collection of information about the app itself, activity within the app, and the device the application is running on.
Pages of our Site may also use Java scripts, which are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components; entity tags, which are HTTP code mechanisms that allow portions of websites to be stored or “cached” within your browser to accelerate website performance; and HTML5 local storage, which allows data from websites to be stored or “cached” within your browser to store and retrieve data in HTML5 pages when the website is revisited.
We use first-party and third-party cookies for the following purposes:
We may use (but are not limited to) the following cookies on our Site:
Your choices
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
First-Party Cookies. As noted immediately above, you can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Site may not work properly. You can find more information about how to change your browser cookie settings at allaboutcookies.org.
Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to aboutads.info/choices. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see aboutads.info/consumers, or opt-out of interest-based targeting provided by participating ad services through the Digital Advertising Alliance (“DAA”) (optout.aboutads.info) or the Network Advertising Initiative (optout.networkadvertising.org).
Mobile Applications. On your iPhone, iPad or Android mobile device, you can change your device settings to control whether you see online interest-based ads, including by setting your device to “limit ad tracking,” or you may download the DAA’s AppChoices tool (youradchoices.com/appchoices) to control interest-based advertising on apps on your mobile device.
Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage. Flash cookies are not managed by the same browser settings as are used for browser cookies, but may be managed here: macromedia.com/support/documentation.
Do Not Track
Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
CONTACT US
We welcome your questions, comments, and concerns about privacy. You can contact us by calling (303) 792-4949, or writing us at:
Attn: Privacy Officer
‘Bang Up to the Elephant’
PO Box 18844 Denver, CO 80218
[email protected]