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Las Vegas

Privacy

Overview

 

This document describes LasVegas.com’s policy regarding personal information, ongoing communication, site security and overall site usage of LasVegas.com.  LasVegas.com is a collaboration of the Las Vegas Convention and Visitors Authority (hereafter referred to as LVCVA), LV.com LLC (hereafter referred to as LV.com) and their affiliates and providers. These provisions apply solely to LasVegas.com and are not necessarily applicable to practices LVCVA and/or LV.com LLC may engage in outside of LasVegas.com. Use of LasVegas.com signifies your agreement to the terms and conditions of use set forth in this document. If you do not agree to these terms, you may not access or otherwise use LasVegas.com.

 

Use of LasVegas.com Agreement

 

Subject to these terms and conditions, certain products and services may be offered to you on LasVegas.com, as described more fully on the website, and which are selected by you through the process provided on LasVegas.com ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services LasVegas.com performs for you, as well as the offering of any content on LasVegas.com and the use of the social networking tools as found on LasVegas.com. LasVegas.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. LasVegas.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

LasVegas.com is presented from within the United States, and the LVCVA and LV.com make no representation that materials in and Services provided by LasVegas.com are appropriate or available for use in locations outside the United States and access to them from territories where their contents are illegal is prohibited. Those who choose to access LasVegas.com from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These terms and conditions are void where prohibited by law, and the right to access LasVegas.com is revoked in such jurisdictions.

You certify to LasVegas.com that if you are an individual (i.e., not a corporation) you are at least 18 years of age. Any registration by, use of or access to LasVegas.com by anyone under 18 is unauthorized, unlicensed and in violation of these terms and conditions.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access LasVegas.com or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

The LVCVA and LV.com cannot promise that access to LasVegas.com will be uninterrupted or available at all times. The LVCVA and LV.com assumes no liability or responsibility for any delay, interruption, or downtime. The accuracy of the information on LasVegas.com cannot be guaranteed, particularly since this information is subject to change. All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed.

The materials provided on LasVegas.com are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of LasVegas.com are only for your personal, non-commercial use and may only be used in accordance with these terms and conditions. All materials contained on LasVegas.com are protected by copyright, and are owned or controlled by the LasVegas.com or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on LasVegas.com. You may download and make one copy of the content and other downloadable items displayed on LasVegas.com for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from LasVegas.com or the copyright holder identified in the specific copyright notice. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, materials, or services in whole or in part.

LasVegas.com, LasVegas.com graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks, service marks or trade dress of LasVegas.com, the LVCVA and/or LV.com, LLC in the U.S. and/or other countries. The LVCVA and/or LV.com, LLC’s LasVegas.com trademarks, service marks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or dilution and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LasVegas.com.

Some of the Services require payment of fees. You shall pay all applicable fees, as described on LasVegas.com in connection with such Services selected by you. LasVegas.com reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on LasVegas.com. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.

For transactions that include a non-packaged hotel, the room rate displayed on LasVegas.com is a combination of: (i) the varying net room rate that has been pre-negotiated with hotel suppliers; and (ii) the varying mark-up of such net room rate that is retained as compensation for the Services provided on LasVegas.com.



For air and hotel package transactions, the rates displayed on LasVegas.com are a combination of either: (i) the varying net airfare and room rate that has been pre-negotiated with airline and hotel suppliers plus the varying mark-up of the net rate(s) that is retained as compensation for Services provided on LasVegas.com; OR (ii) the varying bundled net air and hotel package rate that is received from airline and hotel package suppliers plus the varying mark-up of the net rate(s) that is retained as compensation for the Services provided on LasVegas.com.



The taxes and fees displayed for non-packaged hotel transactions and bundled air and hotel packages are a combination of: (i) tax recovery charges that are remitted directly to LasVegas.com suppliers (see below for a full explanation); and (ii) varying service fees that include the hard costs that are incurred as a result of processing your transaction as well as compensation for Services provided on LasVegas.com.



The tax charge on hotel transactions and air and hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, and other similar taxes) that is paid to LasVegas.com’s vendors (e.g. hotels, airlines, etc.) in connection with your travel reservations. LasVegas.com is not the supplier collecting and remitting said tax to the applicable tax authorities. The suppliers bill all applicable taxes to LasVegas.com and LasVegas.com remits such taxes directly to the supplier. LasVegas.com is not a co-vendor associated with the supplier with whom Vegas.com books or reserves travel arrangements. LasVegas.com's actual tax cost paid to the supplier may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of actual use by you.

Hotel taxes are applied to the net room rate paid to LasVegas.com’s supplier for the hotel room. The service fees charged on LasVegas.com for hotel transactions and air and hotel transactions are a varying percentage that is applied to the sum of the item subtotal plus taxes.

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in LasVegas.com; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement and any use of LasVegas.com shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement and any use of LasVegas.com shall be an appropriate state or federal court located in the State of Nevada. This Agreement constitutes the entire agreement among the LVCVA, LV.com and you with respect to your use of LasVegas.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the LVCVA and/or LV.com. Any cause of action you may have with respect to your use of LasVegas.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. You agree that the use of LasVegas.com is in the State of Nevada USA and not any other location. If the LVCVA, LV.com or their affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. You acknowledge that a violation or attempted violation of this Agreement and the terms and conditions will cause such damage to the LVCVA and LV.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the LVCVA and LV.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the LVCVA and LV.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

 

Collection of Personal Information

 

LasVegas.com takes the privacy of its visitors and customers very seriously. If you have additional questions that are not answered in the following sections, click here to contact us.

User information is collected primarily to provide a more efficient LasVegas.com experience.

We may request that you voluntarily supply us with personal information such as your home zip/postal code and other such information. By voluntarily providing personal information, you are consenting to the collection and use of your personal information in accordance with the terms of this Privacy Policy.

You may choose not to use any Service that requires the use of your personal information in a manner not described in this Privacy Policy. Your use of LasVegas.com will be considered as your consent to the use of your personal information in the way described.

Information we collect

LasVegas.com collects two basic types of information from our customers:

  • Personally identifiable information: This is information that personally identifies one individual from another. This information is voluntarily provided to us by our customers and is used by us for the purpose of fulfilling requests, inquiries or travel service orders. LasVegas.com does not rent or sell any of this information to anyone.
  • Aggregate user and tracking information: This information gives us insights on how our customers and site visitors use our site and our other products. This data is anonymous in nature and does not contain any personally identifiable information. This information is used to ensure that LasVegas.com, its e-mails and marketing efforts continue to appeal to our customers.

Information we collect about you

LasVegas.com only collects personally identifiable information that you voluntarily provide to us. Examples of such personally identifiable information that you provide to us includes your:

  • First and last name.
  • Physical address or postal address.
  • Phone number.
  • Credit card number.
  • Credit card expiration date.
  • Credit card security ID number.
  • E-mail address.
  • Answer to your LasVegas.com sign-in question.

LasVegas.com only requires personally identifiable information from you when it's needed to complete your purchase, fulfill your order or request, or when you voluntarily decide to register for Services independent of a transaction.

 

Use of Information

 

Your information, including personally identifiable information, may be used for business purposes including, without limitation, for the following business purposes:

  • To improve the quality of your LasVegas.com visit.
  • To complete your travel- or entertainment-related purchase.
  • To bill your credit card when you make a purchase.
  • To credit your credit card in the event that we issue you a refund.
  • To fulfill your travel- or entertainment-related purchase.
  • To notify you of any changes to the travel or entertainment product that you have purchased.
  • To receive news, updates and information via e-mail, and register at LasVegas.com.
  • To send marketing communications and purchase confirmations that you have opted-in to or otherwise agreed to receive.
  • To send surveys to you.
  • To respond to emails we receive from you.
  • To update your user account with any information we receive from you or from third-party sources about you.

Additionally, LasVegas.com may use your non-personally identifiable information it collects during your site visit, during your interaction with our e-mails or during your interaction with our third-party marketing efforts for other purposes including without limitation, the following:

  • To better monitor in aggregate the effectiveness of our advertising and marketing campaigns. We may use non-identifying and aggregate information to better design LasVegas.com and share with our marketing and advertising agencies.
  • To better monitor in aggregate how visitors and customers are using our site.
  • To ensure that our website and e-mails continue to provide relevant content that is interesting and useful to our customers.
  • To uncover and diagnose problems with our servers.
  • For day-to-day system administration needs.
  • To pre-populate forms with your name, address, phone, and email address.
  • To follow up with you on your interest in our convention and meeting services. In such cases, we may employ an outside research company to call you on our behalf.

Special note: Information we collect on how you use LasVegas.com does not include personally identifiable information unless you choose to specifically provide us with such information.

This information can be used to display targeted advertising. For example, if you complete a hotel purchase on our site we may display an advertisement on your confirmation page for a different product such as a show or tour. We do not use personally identifiable information to deliver such targeted advertising.

Additionally, LasVegas.com may use your information, including personally identifiable information, for special purposes. Below are a few examples of special purposes:

  • In disclosures to law-enforcement agencies when required by law.
  • In disclosures to law-enforcement agencies and/or credit card companies in cases of customer fraud or in other cases where an individual poses a threat to the interests of LasVegas.com or its customers.
  • To resolve customer or credit card company disputes.

From time to time, LasVegas.com may enter into agreements with third party providers for web analytic and other similar services. If LasVegas.com enters into such an agreement, LasVegas.com may share your information, including personally identifiable information, with the provider or such provider may have access to and collect your information on behalf of LasVegas.com. Your information, including personally identifiable information, may be stored with the provider. Before sharing or storing any customer information with a third party provider, LasVegas.com shall ensure that any provider agrees to comply with the terms and conditions of this privacy policy. Additionally, LasVegas.com generally requires any third party provider of web analytic or other similar services to maintain industry security standards to protect your information.

 

Security of Personal Information

 

We exercise reasonable care to protect your non-public personal information. This includes storing the personal information on our servers behind a secured firewall and ensuring all transmissions to other vendors use secure encryption technology. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. So while we strive to protect your non-public personal information, we cannot guarantee the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via e-mail. We have no way of protecting that information until it reaches us. Once we receive your transmission, we maintain physical, electronic and procedural safeguards to protect your personal information.

LasVegas.com is also digitally certified by Comodo, the leader in digital trust services. You can find verification of this certification on one of our secure pages, like our billing pages. Simply click on the key or lock image in the bottom bar of your browser window while on one of our secure pages. A window will appear with our site security information.
Internally, we will limit access to non-public personal information to those associates who need the information to provide products and services to you or maintain or service those products or services. These associates are limited in number, and are committed to our privacy and security policies. We will review our security arrangements from time to time, as we deem appropriate.

 

Sharing of Non-Public Personal Information

 

Travel services sold on LasVegas.com are provided by parties other than LasVegas.com. These parties include but are not limited to hotels, showrooms, restaurants and nightclubs. LasVegas.com will provide only the personally identifiable information to these parties that is necessary to complete or fulfill your travel services transaction, unless otherwise expressly requested by you to do so.

Special note: The practices and privacy policies of these other parties may differ from LasVegas.com policies. LasVegas.com suggests and encourages you to review their privacy policies to gain further understanding of their procedures for collecting, using, and disclosing your information.

We reserve the right to, without notice to you, share non-public personal information with companies that work for us for the sole purpose of providing you with valuable services you've requested or already have through LasVegas.com. These companies may assist us in fulfilling your requests or processing your transactions. We will only share information with companies that work for us to provide marketing and other services and with non-affiliated persons and entities with whom we have entered into a joint marketing agreement, where we together market either our products or those of our marketing partner if you expressly authorize us to share this information. These companies are contractually forbidden from disclosing or using our customer information other than to carry out the purposes for which the information was disclosed. These companies are in no way authorized to sell, rent or trade your personal information. While there are such contractual obligations in place, we cannot and do not guarantee that a third party could breach its obligation and use your non-public personal information in a way contrary to our policy.

We may disclose information, including non-public personal information, in special cases when we have a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with the legal process such as, but not limited to situations when we are required to do so by federal, state or local laws and regulations or when we receive a subpoena or are ordered by a court to do so; (b) protect and defend our rights; or (c) act to protect the interests of our users or others. Additionally, we may, without notice to you, provide aggregate statistics about visitors to LasVegas.com such as volume, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personal information.

In some cases, we may choose to buy or sell assets. In these business transfers, customer information, including personally identifiable information, is typically one of the business assets that is transferred. Moreover, if LasVegas.com, or substantially all of its assets were acquired, or in the unlikely event that LasVegas.com goes out of business or enters bankruptcy, customer information, including personally identifiable information, would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquiror of LasVegas.com may continue to use your personally identifiable information as set forth in this policy.

 

Viewing and Updating Your Information

 

You can review and revise your personal information at any time by accessing your profile at LasVegas.com. To protect your privacy, we make every attempt to verify your identity before granting access to view or revise your personal information.

LasVegas.com may periodically add or update information about you obtained from third-party sources. Examples include updated address, travel itinerary or e-mail address information from such sources as travel service providers, co-branded businesses, business partners or other third parties; or credit history information from credit bureaus.

This information can help us accurately fulfill orders or deliver purchase confirmation messages. Credit history information can also help us detect and work to prevent fraudulent activity on our website or through our call center.

We also receive aggregate information such as page views, search terms and click-through information from sources, such as companies we advertise with.

 

Communication From LasVegas.com

 

LasVegas.com believes that honest and clear communications with our customers is a key part of a great customer experience. We only want to send you e-mail that you expect to receive or that you have requested. All of our e-mail contains clear information on how to unsubscribe, and we honor all requests as quickly as possible. Below are examples of types of communications you may receive from us.

Membership registration confirmation e-mail messages

When you register for a LasVegas.com account or make a purchase on LasVegas.com, you'll receive an e-mail confirming you have become a LasVegas.com member. The e-mail will contain your name, the e-mail address you provided and your LasVegas.com sign-in answer.

Purchase confirmation messages

When you make a purchase on LasVegas.com, we e-mail or send via postal mail your travel itinerary confirmation. The confirmation will include your name, information on the product or products you've purchased, your confirmation number(s), your e-mail address, your billing address, the last four digits of your credit card, the terms of your purchase or a link to the terms of your purchase, fulfillment instructions and details, and your billing total.

Confirmation communications may also include the names of travel companions. In the case of tours that have age, weight or height requirements, the confirmation may also contain age, weight and height information that you have supplied to us about you and your travel guests.

You may also receive a confirmation reminder e-mail shortly before you are scheduled to arrive. This e-mail includes basic information about your purchase, such as confirmation number, the travel service or product that you purchased and your arrival date.

Changes to your reservation

If one of your travel- or entertainment-related purchases changes in any way, we use the information you provided to us during the purchase process to contact you by e-mail, postal mail or by phone to alert you of the change. We may also suggest alternate arrangements within these communications.

Examples of such changes include but are not limited the following:

•    A showroom or performer cancels a performance.
•    Weather or maintenance issues or conditions prohibit a tour company from fulfilling a tour reservation.
•    A maintenance issue, administrative error or health/safety issue prevents a hotel from fulfilling a previously available room.

Marketing or promotional e-mails

If you sign up for one of our marketing e-mails either directly, through the membership area, during a purchase, during a contest sign-up, or by any other means, we will send you the marketing e-mail that you have requested.

We only send these e-mails to site visitors and customers who sign up for one of our mailing lists or who agree to future contact regarding special promotions and offers from LasVegas.com. These mailings contain clear information on how to unsubscribe, and we honor all requests as quickly as possible.

If you sign up for marketing e-mails from one of our suppliers, these e-mails will be sent directly from such supplier.  LasVegas.com shall provide your email address to the specific supplier for which you have requested to receive emails.  The LVCVA and LV.com shall have no responsibility or liability for the actions or inactions of that supplier.  If you wish to unsubscribe and/or change your information with that supplier, you must contact the supplier directly.

If you are receiving e-mail from us and wish to unsubscribe, either follow the unsubscribe instructions in the e-mail, e-mail us, call us or send us a note via postal mail to inform us that you do not want to receive e-mail from LasVegas.com. Click here for our complete contact information.

Postal mail

LasVegas.com may also send you postal mail notifications containing surveys, promoting special travel deals, informing you of special sweepstakes on our site or on behalf of one of our business partners.

Answering your inquiries

If you send us or phone in a question or offer a suggestion, we will use your e-mail address, telephone number or postal address to respond to you.

 

Monitoring Site Traffic

 

We collect anonymous user information by using Cookies. This enables information to be gathered about every visit to LasVegas.com. Once a user has registered on the LasVegas.com, Cookies might be used to track a specific user. We use this information to enhance the user experience during future visits to the Web site. We might also collect information on the browser type including plug-in versions, for example Flash or QuickTime. Another example of information we might capture is the URL where a user is entering or exiting the site.

 

Cookie Use

 

A Cookie is a small piece of information that the browser sends to the Web server with each page request. A Cookie can be saved on a user's hard drive as a small text file or it can be restricted to the computer's memory where it is removed once the browser is closed. Only the Cookies that are associated with a specific URL are sent to the Web server, Cookies that are sent from one Web server are never sent to another Web server. The LVCVA uses Cookies to identify specific machines in order to gather aggregate data on how Web users are utilizing the LasVegas.com Web sites. In some cases Cookies might be used to identify a specific user.

If you wish, you may set your browser to refuse cookies. However, by refusing to accept a cookie, you will not be able to access some pages or purchase certain travel services on LasVegas.com. Since many websites use some form of cookie technology, setting your browser to refuse cookies may restrict your access to certain information or product offerings on those websites. Some LasVegas.com cookie files remain on your computer's hard drive unless and until you manually delete the file. LasVegas.com cookie files do not contain personally identifiable information that is tied to an individual users' movement through our site.

A LasVegas.com third-party advertiser cookie file may also be placed on your hard drive during your visit to our website. The purpose of these types of cookies is to collect aggregate statistics about your visit to our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. These cookies do not contain personally identifiable information.

 

Pixel/Spotlight Tags

 

A "pixel tag" or "spotlight tag" is a small graphic file that is included in the Web page being displayed. By virtue of its existence on specific pages further information can be gained on how users are making use of the LasVegas.com Web sites. Since the browser requesting this small graphic file is no different than the browser requesting any other Web page, it is possible that a Cookie might be transmitted along with the request. This means that all the information that is identified in the "Site Traffic Monitoring" section can also be collected by the use of a "pixel" or "spotlight" tag.

As a means of measuring the efficacy of the online advertising and marketing campaigns that LasVegas.com employs, we may also allow third-party advertising companies to use a single-pixel image file on our site to collect information about your visit. This information is anonymous in nature. It only identifies actions being performed on our website. It does not tie actions back to any individual user of our website. No personally identifiable information is collected during this process.

Certain LasVegas.com marketing and confirmation e-mails may also contain a single-pixel image file to detect when and whether you've opened the e-mail. LasVegas.com may also track clicks from e-mail communications using an internal or third-party tracking system. LasVegas.com uses this personal information to continually assess and improve the products and services we offer. LasVegas.com also uses this information to inform you of products and services, sales and special offers that might benefit you.

These tracking mechanisms are used to ensure that the LasVegas.com website and e-mails continue to provide relevant content that is interesting and useful to our customers.

 

Log File Analysis

 

LasVegas.com also collects information from your computer each time you visit our site using javascript and log file analysis software.

Information we measure, analyze and collect in this manner may include: your IP address, screen resolution, operating system, platform information, your URL clickstream behavior (from referring URL website, through LasVegas.com website, to and including URL of exiting website), date and time of your clickstream behavior, purchase behavior, clickstream patterns, e-mail address, LasVegas.com user answer, cookie information, session information (includes: page interaction information, browser interaction information, page response times, length of visits to individual pages, download errors) and web browser software.

Though some personally identifiable information may be collected in this process, the information collected is not used to track an individual's use through our website.

 

Transmission of Information

 

Any material, information or idea you transmit to or post on LasVegas.com by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by the LVCVA, LV.com and their affiliates and providers for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to the LVCVA online will be handled in accordance with the LVCVA Online Privacy Practices. You are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

 

Third Party Links

 

LasVegas.com may contain (or you may be sent through LasVegas.com or the Service to) links to other sites, including those of our business partners (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the privacy practices employed by other sites and those other sites have not agreed to our privacy policy. Visit those sites for information regarding their privacy policy prior to providing personal information.

Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through LasVegas.com or any Third Party Applications, Software or Content posted on, available through or installed from LasVegas.com, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave LasVegas.com and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from LasVegas.com or relating to any applications you use or install from the site. The carriers, hotels and other suppliers providing travel or other services for LasVegas.com are independent contractors and not agents or employees of the LVCVA, LV.com and their providers and affiliates. The LVCVA, LV.com and their providers and affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such supplier or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The LVCVA, LV.com and their providers and affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control. The LVCVA, LV.com and their providers and affiliates have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

 

User Content Posted on LasVegas.com

 

Restrictions on the use of LasVegas.com content shall not apply to that which is considered own User Content (as defined below) that you legally post on LasVegas.com.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or LasVegas.com, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on LasVegas.com or the Service that you did not create or that you do not have permission to post. You understand and agree that we may, but are not obligated to, review LasVegas.com and may delete or remove (without notice) any LasVegas.com content or User Content in its sole discretion, for any reason or no reason, including User Content that in our sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post, store or provide to LasVegas.com.

When you post User Content to LasVegas.com, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on LasVegas.com. By posting User Content to any part of LasVegas.com, you automatically grant, and you represent and warrant that you have the right to grant, to LVCVA and LV.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from LasVegas.com at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that LasVegas.com may retain archived copies of your User Content. The LVCVA and LV.com does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these terms and conditions, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

 

User Conduct

 

You understand that except for advertising programs offered by us on LasVegas.com, LasVegas.com is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through LasVegas.com will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use LasVegas.com to:

  • harvest or collect email addresses or other contact information of other users of LasVegas.com or its Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use LasVegas.com in any unlawful manner or in any other manner that could damage, disable, overburden or impair LasVegas.com;
  • use automated scripts to collect information from or otherwise interact with LasVegas.com;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on LasVegas.com any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another's account, service or system without authorization from LasVegas.com, or create a false identity on LasVegas.com.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of LasVegas.com, is objectionable or which restricts or inhibits any other person from using or enjoying LasVegas.com, or which may expose LasVegas.com or its users to any harm or liability of any type.

 

Copyright Complaints

 

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the LasVegas.com website or service any materials that violate another party's intellectual property rights. When we receive Notification of Alleged Copyright Infringement and confirm such infringement to be valid, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on LasVegas.com infringes upon any copyright which you own or control, you may send a written notification of such infringement.

 

Repeat Infringer Policy

 

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, LasVegas.com has adopted a policy of terminating, in appropriate circumstances and at LasVegas.com's sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to LasVegas.com and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Share Service

 

LasVegas.com offers a feature whereby users of LasVegas.com can share with others or post to their own member profile, photos or content from, and/or links to, third party sites through the Service. You acknowledge and agree that your use of the Share Services and all links, User Content or third party applications, Software or content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these terms and conditions.

 

User Disputes

 

You are solely responsible for your interactions with other LasVegas.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

Limitation of Warranty and Liability

 

We are not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on LasVegas.com or in connection with the Services, whether posted or caused by users of LasVegas.com, by third parties or by any of the equipment or programming associated with or utilized in LasVegas.com or the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on LasVegas.com and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on LasVegas.com or in connection with any User Content or Third Party Applications, Software or Content. We are not responsible for the conduct, whether online or offline, of any user of LasVegas.com or the Services.

LasVegas.com and the Services may be temporarily unavailable from time to time for maintenance or other reasons. LasVegas.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. LasVegas.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will LasVegas.com be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of LasVegas.com or the Service, any User Content or Third Party Applications, Software or Content posted on or through LasVegas.com or the Service or transmitted to Users, or any interactions between users of LasVegas.com, whether online or offline.

THE WEB SITE, INCLUDING ALL CONTENT, SERVICES, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE LVCVA, LV.COM AND THEIR SUBSIDIARIES, AFFILIATES, PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE LVCVA, LV.COM AND THEIR SUBSIDIARIES, AFFILIATES, PROVIDERS AND SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LVCVA AND LV.COM DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE LVCVA AND LV.COM HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT THE LVCVA AND LV.COM HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO LASVEGAS.COM; WHAT CONTENT YOU ACCESS VIA LASVEGAS.COM; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE LVCVA AND LV.COM FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITE. THE SITE MAY CONTAIN, OR DIRECT YOU TO SITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. THE LVCVA AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN AND THE SOFTWARE WHICH MAY BE DOWNLOADED THEREFROM; AND SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AMONG THE LVCVA, LV.COM AND USER. THIS SITE AND THE INFORMATION, SOFTWARE, FORMS, AGREEMENTS, AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Restrictions

 

You are responsible for all of your activity in connection with the Services and accessing LasVegas.com. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access LasVegas.com. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any LasVegas.com user.

You are expressly prohibited from using LasVegas.com or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on LasVegas.com. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.

 

Registration Security

 

As a condition to using Services, you may be required to register with LasVegas.com and select a password and user name ("LasVegas.com User ID"). You shall provide LasVegas.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) select or use as a LasVegas.com User ID a name of another person with the intent to impersonate that person, or (ii) use as a LasVegas.com User ID a name subject to any rights of a person other than you without appropriate authorization. LasVegas.com reserves the right to refuse registration of, or cancel a LasVegas.com User ID in its discretion. You shall be responsible for maintaining the confidentiality of your LasVegas.com password.

 

Termination

 

LasVegas.com may terminate your membership, delete your profile and any content or information that you have posted on LasVegas.com and/or prohibit you from using or accessing the Services or LasVegas.com for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

 

Indemnification

 

You hereby agree to indemnify, defend and hold the LVCVA, LV.com and all of their officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any User Content, any Third Party Applications, Software or Content you post or share on or through LasVegas.com (including through the Share Service), your use of LasVegas.com and/or the Services, your conduct in connection with the Services or LasVegas.com or with other users of the Services or LasVegas.com, and any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs.

 

Modification of Terms and Conditions

 

The LVCVA and LV.com reserve the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement and any terms and conditions contained on LasVegas.com, in whole or in part, at any time without prior notice. The LVCVA and LV.com may change, suspend or discontinue any aspect of LasVegas.com at any time, including the availability of any LasVegas.com feature, database, or content. The LVCVA and LV.com may also impose limits on certain features and services or restrict your access to parts or all of LasVegas.com without notice or liability. By using LasVegas.com you agree to be bound by any such revisions and should therefore periodically visit the page to determine the then current terms of use to which you are bound.

 

Arbitration

 

YOU AND LASVEGAS.COM AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, service mark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through LasVegas.com may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Las Vegas, Nevada USA and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, LasVegas.com will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the site and/or the Services (including your visit to or use of the site and/or the Services) be instituted more than three (3) years after the cause of action arose.

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