Terms of Service

Terms and Conditions

 

Cosmopolitan Connections, Inc., dba My Vegas Friends (“My Vegas Friends”) provides MyVegasFriends.com and its products or services to you subject to the following conditions. If you visit or use MyVegasFriends.com, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.

1. Your Acceptance of the Terms

 

The “Terms” consist of these Conditions of Use, the My Vegas Friends Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered at www.myvegasfriends.com (including any mobile, touch, or merchant-specific versions or sections) (collectively, the “Site”), and all products or services accessed through the Site (collectively “Services”). These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and Cosmopolitan Connections, Inc., dba My Vegas Friends and its successors, subsidiaries, affiliates and family of brands (“My Vegas Friends,” “we,” “us” and/or “our”). By using the Sites and/or Services, you agree to these Terms.

 

IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.

 

In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.

2. Electronic Communication

 

The communications between you and MyVegasFriends are electronic. You consent to receive communications from MyVegasFriends in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

3. Your Privacy

 

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use and protect your personal data. We encourage you to read the Privacy Policy to help make informed decisions when using our Sites and Services. The Privacy Policy is incorporated herein by reference.

4. Certain Conditions Placed on Your Use of the Site and Services

 

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

  • are 18 years of age or older;
  • will comply with these Terms;
  • are able to form a binding contract with us;
  • are not prohibited by law from accessing our Site and/or Services or have not previously been banned, terminated or otherwise denied access to our Site and/or Services by us;
  • are not acting on behalf of a person whose access to our Site and/or Services has been previously terminated or otherwise denied by us;
  • will not impersonate another user of the Site and/or Services.

5. Your Account

 

You will need to register by creating an account with MyVegasFriends (either by registering directly with us or by allowing a MyVegasFriends application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including Promotions. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the MyVegasFriends Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by MyVegasFriends may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.

 

MyVegasFriends relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

6. Promotions

 

MyVegasFriends provides its members with opportunities to participate in on line contests and drawings for free or reduced-price products or services, and to obtain coupons or vouchers for free or reduced-price products and services (each a “Promotion,” and collectively, “Promotions”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified. The placement and operation of each Promotion works as a form of advertisement for the Merchant by MyVegasFriends.

By participating or attempting to participate in any Promotion, you agree to these Terms, the fine print identified in the Promotion copy (defined below) and/or any additional promotion-specific terms related to the Promotion. These Terms apply to all Promotions, except as otherwise required by law. In the event of a conflict between these Terms and the Additional Terms relating to a specific Promotion, the Additional Terms will control, except to the extent prohibited by applicable law.

Promotion Additional Terms

 

In addition to the terms set forth herein, each Promotion may come with its own set of restrictions, terms and conditions incorporated as Additional Terms. The Additional Terms may restrict things such as when or where You can redeem a coupon, pass or similar item, required age, dress, or other venue-specific requirements, so always read carefully.

Product or Service Coupons

 

Unless otherwise stated on the coupon or required by law, the following additional terms apply to all Promotions involving a coupon for free or reduced-price services issued as part of a Promotion:

  • Coupons must be redeemed in their entirety in one visit to a Merchant.
  • Coupons are not redeemable for cash.
  • Use of a coupon for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
  • Coupons issued as part of a Promotion cannot be combined with any other coupons or promotions.
  • Coupons cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
  • Neither MyVegasFriends nor the Merchant is responsible for lost or stolen coupons.
  • Duplicate use, sale or trade of a Coupon is prohibited.
  • Unless otherwise stated in the Additional Terms, You are responsible for all sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Coupon.
  • The coupon will expire on the date printed on the coupon

 

Contests and Drawings

 

Unless stated or required by law, the following additional terms apply to all Promotions involving a contest or drawing:

  • You are responsible for all applicable gift, income, excise, or other taxes
  • Entries are limited to one (1) per person, per contest.  Entries received from any person, e-mail address, or other single source in excess of this limit will be disregarded and will be grounds for disqualification from the contest.
  • On the date stated by MyVegasFriends, we will select the contest winner at random from among all eligible entries received.  The winner will be notified by e-mail at the e-mail address on file.  Winners must make arrangements to accept their prize within five (5) days of such notification.
  • By entering a contest, all entrants agree to have their names and likenesses posted on the MyVegasFriends.com website and Facebook, Twitter, or other social media pages as part of an announcement of the contest winner.
  • Additional Terms may apply to specific contests, as stated herein or in additional contest rules.

Nightclub Promotions, including Contests

 

Unless stated or required by law, the following additional terms apply to all Promotions involving a passes to nightclubs, lounges, bars, or similar venues, including any Contest:

  • Admission to the venue will be subject to the requirements of the Merchant operating the particular venue.  You must be 21 years of age with valid photo identification and meet the dress code requirements of the Venue in question.  Neither MyVegasFriends nor the Merchant is responsible for denial of entry due to improper dress or identification.

  • You must notify MyVegasFriends at least 48 hours in advance of when you intend to use your pass so that proper arrangements can be made.  In addition, for minimal wait times, you must arrive at the time advised by MyVegasFriends.  Admission may not be possible on particular dates or at particular times, and no particular date or time of admission is guaranteed.

Date-Specific Promotions

 

Sometimes we offer Promotions that are date-specific, such as complimentary tickets for a ticketed event, a Promotion where we identify a specific day to attend a party or other special event, or where a specific date is offered to stay at a hotel (“Date-Specific Promotion”). In this case, you can only participate in the Promotion on this specified date. You may not reschedule a Date-Specific Promotion for another date or time for any reason. If for some reason the Date-Specific Promotion is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Promotion is rescheduled, our email to you will include the new date for the Date-Specific Promotion.

 

MyVegasFriends Is An Advertiser Only

 

The Merchant is the issuer of any coupon provided as part of a Promotion and is solely responsible for redeeming the coupon. Further, the Merchant is also solely responsible for all goods and services it provides to You in connection with any Promotion.  The Merchant is solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to your participation in the Promotion or otherwise. Unless otherwise indicated, MyVegasFriends is solely the marketer of the Merchant’s goods or services. You hereby irrevocably waive all rights related to, and release MyVegasFriends and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your participation in a Promotion or the products and/or services it provides in connection with it.

Promotion Availability

 

Our Promotions are limited in number and are generally restricted to one per-person. Any attempt by You to participate multiple times in the same Promotion by any means, including, without limitation, using multiple or different identities, forms, registrations or addresses, will void your participation and may subject your Account to termination. Whether Your activity constitutes an attempt to violate our rules shall be determined at our sole discretion.

 

7. Other Services

 

In addition to our great Deals, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase or subscription, and most will be made available in various addenda which can be found in the Additional Terms.

 

8. Ownership of the Sites and Services

 

The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the “Content”) are owned, controlled or licensed by MyVegasFriends, its subsidiaries or affiliates.

10. Copyright/Trademarks

 

The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, MyVegasFriends owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “MyVegasFriends,” which appear on the Sites and/or in the Services are the service and trademarks of MyVegasFriends or affiliated entities. Without MyVegasFriends’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to MyVegasFriends or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of MyVegasFriends, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.

11. Your Access to the Sites and Services

 

Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:

  • any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
  • any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to MyVegasFriends or the Merchants featured hereunder or any commercial purpose, including marketing;
  • any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
  • deep-linking to any portion of the Site;
  • framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
  • using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  • attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
  • using the Site and/or Services to generate unsolicited email advertisements or spam; or
  • using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.

Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of MyVegasFriends.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

12. Third-Party Links and Contents

 

Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. MYVEGASFRIENDS ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.

13. Information and Content Submitted by You

 

The Sites and Services may offer you the opportunity to post reviews, comments, photos, events, notices, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. MyVegasFriends reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of MyVegasFriends.

If you do post User Content or submit material, and unless we indicate otherwise, you grant MyVegasFriends a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant MyVegasFriends and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify MyVegasFriends for all claims resulting from User Content you supply. MyVegasFriends takes no responsibility and assumes no liability for any User Content posted by you or any third party.

15. Termination

 

If you want to terminate your legal Agreement with MyVegasFriends, you may do so by: (A) notifying MyVegasFriends at myvegasfriends@gmail.com or (B) closing your Accounts for all of the Services that you use.

 

MyVegasFriends may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) MyVegasFriends is required by law to do so; (iii) the partner with whom MyVegasFriends has offered the Services to you has terminated its relationship with MyVegasFriends or ceased to offer the Services to you; (iv) MyVegasFriends no longer provides Services in the country in which you reside; or (v) MyVegasFriends determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, MyVegasFriends reserves the right to discontinue any product or service at any time and at its sole discretion.

 

Without limiting any of the foregoing, MyVegasFriends may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which MyVegasFriends, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any coupon or other promotional item issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Promotion. These Terms will survive termination of this Agreement.

16. Exclusion of Warranties

 

WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.

 

YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MYVEGASFRIENDS’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYVEGASFRIENDS AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM MYVEGASFRIENDS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY.

 

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A MYVEGASFRIENDS REPRESENTATIVE SHALL CREATE A WARRANTY.

17. Limitations of Liability

 

SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYVEGASFRIENDS, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE MYVEGASFRIENDS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.

 

18. Arbitration of Disputes Governed By Arbitration

 

Notwithstanding the foregoing, any dispute or claim arising out of or relating in any way to your visit to the Sites, your participation in or redemption of a Promotion or your use of the Services made available through the Sites, these Terms, this Agreement, the Privacy Policy or the validity or enforceability of this arbitration agreement will be resolved by binding arbitration, rather than in court, except for matters that can be taken to small claims court in your local jurisdiction. This agreement and any arbitration shall be governed by the Federal Arbitration Act.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and MyVegasFriends may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or MyVegasFriends shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or MyVegasFriends customer.

 

We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Clark County, Nevada.

19. Indemnity, Reservation of Right, Release

 

You agree to defend, indemnify and hold harmless MyVegasFriends and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to MyVegasFriends; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.

 

MyVegasFriends reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

20. Applicable Law

 

By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and MyVegasFriends that arises out of this Agreement shall be governed by the laws of the State of Nevada without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.

21. Copyright Notice-Digital Millennium Copyright Act

 

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for MyVegasFriends’s Copyright Agent for notice of claims of copyright infringement is as follows:

 

MyVegasFriends
Attn: DMCA/Copyright Agent
myvegasfriends@gmail.com

22. Entire Agreement, Changes to this Agreement and Waivers

 

These Terms, together with the Privacy Policy, and any other legal notices published by MyVegasFriends on the Sites, Services or on coupon, ticket, or similar document provided to you, shall constitute the entire agreement between you and MyVegasFriends concerning your use of the Sites and/or Services. We may occasionally change the Terms and the Terms of this Agreement, and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms. Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement, provided that these changes will not apply to Promotions prior to the effective date of such modification. These modifications will however be effective immediately for new users of our Sites and/or Services and for all Promotions conducted after the effective date of the modification. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of MyVegasFriends’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of MyVegasFriends. No purported waiver or modification of this Agreement by MyVegasFriends via telephonic or email communications shall be valid.

23. General Terms

 

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

 

YOU AND MYVEGASFRIENDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO MYVEGASFRIENDS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.

 

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.

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