Terms of Use
Welcome to the Vegas Image Sensation website.
This website, including any and all content, information and services available through the website (collectively, “Website”) is provided to its visitors subject to the this Terms of Use agreement, which also includes our Privacy Policy and Linking Policy (collectively, “Terms of Use”), as well as all applicable laws and regulations. These Terms of Use constitute a legal agreement between you and Vegas Image Sensation, LLC (“Vegas Image Sensation”). For that reason, please review these Terms of Use carefully as they control your use of the Website. Any reference herein to Vegas Image Sensation shall also include its affiliated entities.
Acceptance of Terms of Use
Vegas Image Sensation provides this Website to you free of charge on the condition that you agree to, use, and abide by these Terms of Use. These Terms of Use constitute the entire understanding and agreement between you and Vegas Image Sensation with respect to your access to and use of the Website, and supersede any previous communications and agreements between you and Vegas Image Sensation, whether oral or written, relating to the subject matter hereof. Your use of this Website constitutes your acknowledgement that you have read and agree to abide by these Terms of Use. Should you not agree to these Terms of Use, please discontinue use of this Website immediately.
Modification of Terms of Use
At its sole discretion, Vegas Image Sensation may modify, update or replace the Terms of Use at any time without notice to you. You should review the Terms of Use periodically to stay informed of any modifications or updates. The current, active Terms of Use will be posted on the Website. Your continued use of the Website following any modification or update to these Terms of Use shall constitute your agreement to any and all such modifications and/or updates.
Acceptable Website Usage
You may use this Website for lawful purposes only. While using this Website, you must comply with all domestic and international laws, statutes, ordinances and regulations. You are prohibited from using or transmitting to or from this Website: (i) any unlawful, defamatory, libelous, harassing, obscene or objectionable material; (ii) any material that would contribute to a civil or criminal offense, violate any law, or infringe on any intellectual property right; (iii) any viruses, Trojan horses, worms or other similar harmful or deleterious programming routines; (iv) programs that prepare or distribute “junk mail” or “spam”; (v) content that, in Vegas Image Sensation’s sole opinion, is contrary to the mission of Vegas Image Sensation or its image, goodwill or reputation, including but not limited to links to products, services or web pages that are not appropriate for or related to the mission of Vegas Image Sensation; or (vi) material that is otherwise objectionable as determined by Vegas Image Sensation in its sole discretion. You also agree not to interrupt or attempt to interrupt the operation of the Website in any way.
Accuracy of Information Contained on the Website
While Vegas Image Sensation makes reasonable efforts to ensure the information contained on this Website is accurate, Vegas Image Sensation hereby disclaims any representations or warranties regarding the accuracy or completeness of any information contained on its Website. Further, Vegas Image Sensation may allow third parties, including other users, to post information, opinions and recommendations consistent with the purpose of this Website. The opinions, recommendations and comments of third parties contained on this Website are not necessarily those of Vegas Image Sensation, nor is any third party material endorsed by Vegas Image Sensation. Vegas Image Sensation specifically disclaims any obligation to update or correct information provided on the Website, whether that information has been provided by Vegas Image Sensation or a third party.
Links to and from Third Party Websites
Solely as a convenience to Website users, Vegas Image Sensation may provide links to thirdparty websites or resources. In addition, there may be links to this Website from third party websites. Vegas Image Sensation is not in control of, and does not endorse, the third party websites linked to or from this Website and is not responsible for the content of any such third party websites. Additionally, linked websites and their owners may have terms of use and policies (including privacy policies) that differ from those of Vegas Image Sensation. Vegas Image Sensation specifically disclaims any representations or warranties regarding these third parties and their respective adherence to their policies, if any. For this reason, Vegas Image Sensation suggests that you review the policies and procedures of any such third party prior to utilizing their websites and services. Your use of any links to or from the Website is done at your own risk. Vegas Image Sensation shall not be responsible for any loss or damage relating to links to or from third party websites. If you have a website from which you would like to link to this Website, you may do so only in accordance with the Linking Policy.
Registration
When visiting the Website, you may be given the opportunity to register as a “Vegas Image Sensation User.” Such registration affords you access to certain interactive portions of the Website. If you register as a Vegas Image Sensation User, you represent that you (i) have read and agree to the terms of the Privacy Policy; (ii) are 18 years of age or older; (iii) will provide complete and accurate information regarding your identity; and (iv) will maintain and update your account information as necessary to keep it accurate and complete at all times. Without in any way limiting the foregoing, you agree not to impersonate any other person, to provide Vegas Image Sensation with any Personally Identifiable Information (as that term is defined in the Privacy Policy) of any other person, or falsely state or otherwise misrepresent your affiliation with a person or entity at any time when using the Website. The registration process includes your selection of a primary e-mail address (sometimes referred to herein as your “user name”) and password, which you will be prompted to input to access portions of the Website reserved for Vegas Image Sensation Users. In addition, your user name and password will be required to access your account with Vegas Image Sensation to conduct any activity reserved exclusively to you under your account. You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password, and if you believe either has been compromised, you must promptly notify Vegas Image Sensation of such compromise and/or change your user name or password to prevent unauthorized access as a result of such compromise. Vegas Image Sensation expressly disclaims any liability related to the unauthorized access or use of your user name or password.
Logging in via and Linking from Supported Online Accounts
In addition to logging directly into your Vegas Image Sensation account on the Website, you may also have the opportunity to log in to your Vegas Image Sensation account in conjunction with or through one or more of your other online accounts, such as your Facebook account. Vegas Image Sensation reserves the right to determine which other online accounts (“Supported Online Accounts”) it will allow users to log in to your Vegas Image Sensation account from, and to add or remove this feature with respect to online accounts maintained with other websites from time to time without notice. To log in to your Vegas Image Sensation account via a Supported Online Account, users must first be logged into the Supported Online Account in an active browser session. When logging in to your Vegas Image Sensation account via a Supported Online Account, you will still need to input your Vegas Image Sensation password. Once logged in to your Vegas Image Sensation account via a Supported Online Account, and assuming that you remain logged into such Supported Online Account during the active browser session, you may have the opportunity to import certain information (including certain Personally Identifiable Information) from such other Supported Online Account into your Vegas Image Sensation account, as well as to post to such other Supported Online Account from your Vegas Image Sensation account. You will be able to manage the importation from or posting to your Supported Online Accounts through your Vegas Image Sensation account. The terms set forth in this Section are not intended to, and shall not, alter the terms contained in the Section above entitled “Links to and from Third Party Websites”, and the terms set forth in that Section shall apply to the third party websites with which you maintain your Supported Online Accounts.
Use by Children
Vegas Image Sensation does not knowingly or intentionally solicit or market to children. In accordance with the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501–6506, and Vegas Image Sensation policy, individuals under the age of 18 shall not register as a Vegas Image Sensation User, nor shall they enter personal information on this Website. In the event Vegas Image Sensation receives actual knowledge that it has collected personal information from an individual under the age of 18 without the requisite parental consent, Vegas Image Sensation will delete that information from the Website as soon as is reasonably practical.
Intellectual Property
This Website, including all content, design, services, images and material, is protected by copyright, trademark and other proprietary and intellectual property rights of Vegas Image Sensation, its licensors or other third parties. Except as expressly permitted herein, no portion of this Website, including but not limited to trademarks, service marks and logos, may be reproduced, downloaded, displayed or used in any manner whatsoever without the express, prior written consent of Vegas Image Sensation. Further, Vegas Image Sensation’s name, logos and trade dress are trademarks or service marks of Vegas Image Sensation. You may not use or reproduce these marks without the express, prior written consent of Vegas Image Sensation. Any and all rights to content of the Website, including any intellectual property rights, not specifically granted to you herein are expressly reserved by Vegas Image Sensation.
Vegas Image Sensation will allow you to view and print content on the Website for your own personal use, but not for any for-profit or commercial activities, purposes or resale. The foregoing right is granted to you on the condition that (i) all copies of such content must retain unmodified and complete reproductions of any and all copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Vegas Image Sensation and, if possible, provide a reference to the applicable Website source, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Vegas Image Sensation material. No electronic copies are permitted. You agree that you will not modify, adapt, alter, change, disassemble or frame any of the contents of this Website. If you share the printed material allowed by this paragraph with others, you agree to advise any person with whom you share such materials as to these Terms of Use and they must agree to abide by these Terms of Use before you provide them such materials. Failure to abide by these conditions will result in the immediate termination of the permissions set forth herein and may result in legal action for the infringement of the copyrights and/or trademarks owned by Vegas Image Sensation or its licensors.
Submitted Content
This Website may allow users to submit pictures, writings, content and other information to the Website (“Submitted Content”). You agree that Vegas Image Sensation is under no obligation to post any Submitted Content that you may submit. However, by providing Submitted Content, you agree that Vegas Image Sensation may use the Submitted Content in any manner for which it deems such content fit and without any compensation to you or others. Without in any way limiting the foregoing, you grant Vegas Image Sensation a perpetual, irrevocable, non-exclusive, royalty-free, unrestricted, worldwide right and license to use, display, publish, print, sublicense, disseminate, modify, alter, create derivative works from, adapt, transmit, reproduce and copy such Submitted Content in any format it chooses. The foregoing grant includes the right for Vegas Image Sensation to exploit such Submitted Content and all proprietary rights therein, including without limitation, rights under patent, copyright, trademark and service mark laws in any relevant jurisdiction.
By providing Submitted Content, you represent to Vegas Image Sensation that (i) you own, or have the necessary licenses, rights, consents and permissions to use and submit the Submitted Content, (ii) the Submitted Content does not infringe the copyright, trademark, privacy right, publicity right or any other intellectual property or proprietary right of any third party, and (iii) you have all necessary licenses, rights, consents and permissions to grant Vegas Image Sensation the rights in the Submitted Content set forth in these Terms of Use. You agree that Vegas Image Sensation is under no obligation to store or maintain the Submitted Content, or to destroy or delete the Submitted Content from the Website, Vegas Image Sensation servers or anywhere else that Vegas Image Sensation may maintain or store such Submitted Content. You also agree that Vegas Image Sensation may screen, edit or remove any Submitted Content at any time in its sole discretion.
Copyright Protection Policy
Vegas Image Sensation respects the intellectual property rights of others. If you believe any content or material on the Website infringes on your copyrights, you may contact Vegas Image Sensation’s agent at copyright@VegasImageSensation.com. In keeping with the requirements of the Digital Millennium Copyright Act, the notification of alleged infringement must include the following:
THIS WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND IS BEING USED BY YOU AT YOUR OWN RISK. VEGAS IMAGE SENSATION DOES NOT WARRANT THAT THE WEBSITE OR THE INFORMATION CONTAINED OR REFERRED TO ON THE WEBSITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. VEGAS IMAGE SENSATION MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THIS WEBSITE, THE INFORMATION CONTAINED OR REFERENCED ON THIS WEBSITE, OR THE INTEGRITY OF THIS WEBSITE AS A WHOLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, VEGAS IMAGE SENSATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUITABILITY, RELIABILITY, QUALITY, TIMELINESS, ACCURACY AND NON-INFRINGEMENT. WHILE THE FOREGOING SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU SHOULD BE AWARE THAT SOME OF THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU BECAUSE SOME STATES DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL VEGAS IMAGE SENSATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, PARTNERS, ADVISORS, AGENTS, REPRESENTATIVES OR CONTRIBUTORS OF INFORMATION TO THE WEBSITE, BE LIABLE TO YOU, OR ANY THIRD-PARTY CLAIMING BY OR THROUGH YOU, FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, STATUTORY OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO ANY LOST PROFITS, LOST USE, LOST DATA, COMPUTER VIRUSES, DELETION OF FILES, BUSINESS INTERRUPTION, PERSONAL INJURY OR HEALTH PROBLEMS, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, THE INFORMATION CONTAINED OR REFERENCED ON THE WEBSITE, YOUR USE OR INABILITY TO USE THE WEBSITE OR THE INFORMATION CONTAINED OR REFERENCED ON THE WEBSITE, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU SHOULD BE AWARE THAT SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY OF THE CONTENT CONTAINED THEREON, OR REFUSE TO ABIDE BY THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. IN THE EVENT THAT THE FOREGOING DISCLAIMER OF LIABILITY SHALL BE UNENFORCEABLE IN WHOLE OR IN PART, FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY TO YOU OF VEGAS IMAGE SENSATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, PARTNERS, ADVISORS, AGENTS, REPRESENTATIVES OR CONTRIBUTORS OF INFORMATION TO THE WEBSITE, HOWEVER ARISING OR RELATING TO THIS WEBSITE, SHALL NOT EXCEED $100.
Indemnity
You agree to indemnify, defend and hold harmless Vegas Image Sensation and all of its affiliates, officers, directors, employees, licensors, suppliers, volunteers, partners, advisors, agents and representatives from and against all losses, expenses, damages and costs, including attorney’s fees, arising out of or resulting from your use of this Website, your actual or alleged violation of these Terms and Conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account, your interaction with Vegas Image Sensation, or your violation of any third-parties’ rights, including any intellectual property or privacy rights.
Equitable Remedies
You agree that if you breach these Terms of Use, Vegas Image Sensation will be irreparably damaged. Therefore, you agree that Vegas Image Sensation shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies with respect to any breaches by you, in addition to any other available remedies.
Governing Law and Forum Selection
This website is operated and controlled within the United States of America. Vegas Image Sensation makes no representation that the Website is appropriate or available for use in locations outside of the United States, and access to the Website from territories where it is illegal is prohibited. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms of Use and the services provided in connection with this Website are governed by the laws of the State of Nevada, without regard to its conflicts of laws principles. By accessing this Website, you agree to be bound by all such laws. Further, any action arising out of a dispute concerning this Website and these Terms of Use shall be brought only in the state or federal courts of Clark County, Nevada. You hereby unconditionally consent to the exclusive jurisdiction of such courts for any and all such actions and disputes and waive and agree not to assert any defense or make any other assertion that you are not subject to the personal jurisdiction of such courts, that such courts are inconvenient forums, or that venue in such courts is improper. Any cause of action or claim you may have with respect to the Website must be commenced within one year after the claim or cause of action arises.
Miscellaneous
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, then (i) that provision shall be severed from the remaining Terms of Use and shall not affect the legality, validity or enforceability of the remaining provisions of the Terms of Use, and (ii) these Terms of Use shall be amended in order to give effect, to the maximum extent allowed by applicable law, to the original intent of the severed provision. Vegas Image Sensation’s delay or failure, if any, to enforce any provision of these Terms of Use shall not constitute a waiver of any of its rights or remedies hereunder. All provisions of these Terms of Use that expressly or, by their nature, are implicitly intended to survive the termination of these Terms or Use shall continue and remain in full force and effect after the termination hereof, including the provisions regarding Vegas Image Sensation’s ownership of intellectual property, Vegas Image Sensation’s license to Submitted Content, the Disclaimer of Warranties section, the Limitation of Liability section, the Indemnity section, the Equitable Remedies section, the Governing Law and Forum Selection section, and this Miscellaneous section. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise expressly stated, no right or remedy granted in these Terms of Use is intended to be exclusive of any other right or remedy available to Vegas Image Sensation, whether at law or in equity.
Termination
At its sole discretion, Vegas Image Sensation reserves the right to suspend or terminate your registration as a Vegas Image Sensation User with or without notice to you. Further, Vegas Image Sensation may preclude your access to any or all of this Website and/or remove any information or materials from this Website for any reason.
Contacting Vegas Image Sensation Regarding These Terms of Use
If you have any questions, comments or concerns regarding these Terms of Use, you may contact Vegas Image Sensation at:
3475 E. Tompkins Avenue
Las Vegas, Nevada 89121
Info@VegasImageSensation.com
(702) 635-4996
Last Update
These Terms of Use were last updated on May 7, 2014.
Welcome to the Vegas Image Sensation website.
This website, including any and all content, information and services available through the website (collectively, “Website”) is provided to its visitors subject to the this Terms of Use agreement, which also includes our Privacy Policy and Linking Policy (collectively, “Terms of Use”), as well as all applicable laws and regulations. These Terms of Use constitute a legal agreement between you and Vegas Image Sensation, LLC (“Vegas Image Sensation”). For that reason, please review these Terms of Use carefully as they control your use of the Website. Any reference herein to Vegas Image Sensation shall also include its affiliated entities.
Acceptance of Terms of Use
Vegas Image Sensation provides this Website to you free of charge on the condition that you agree to, use, and abide by these Terms of Use. These Terms of Use constitute the entire understanding and agreement between you and Vegas Image Sensation with respect to your access to and use of the Website, and supersede any previous communications and agreements between you and Vegas Image Sensation, whether oral or written, relating to the subject matter hereof. Your use of this Website constitutes your acknowledgement that you have read and agree to abide by these Terms of Use. Should you not agree to these Terms of Use, please discontinue use of this Website immediately.
Modification of Terms of Use
At its sole discretion, Vegas Image Sensation may modify, update or replace the Terms of Use at any time without notice to you. You should review the Terms of Use periodically to stay informed of any modifications or updates. The current, active Terms of Use will be posted on the Website. Your continued use of the Website following any modification or update to these Terms of Use shall constitute your agreement to any and all such modifications and/or updates.
Acceptable Website Usage
You may use this Website for lawful purposes only. While using this Website, you must comply with all domestic and international laws, statutes, ordinances and regulations. You are prohibited from using or transmitting to or from this Website: (i) any unlawful, defamatory, libelous, harassing, obscene or objectionable material; (ii) any material that would contribute to a civil or criminal offense, violate any law, or infringe on any intellectual property right; (iii) any viruses, Trojan horses, worms or other similar harmful or deleterious programming routines; (iv) programs that prepare or distribute “junk mail” or “spam”; (v) content that, in Vegas Image Sensation’s sole opinion, is contrary to the mission of Vegas Image Sensation or its image, goodwill or reputation, including but not limited to links to products, services or web pages that are not appropriate for or related to the mission of Vegas Image Sensation; or (vi) material that is otherwise objectionable as determined by Vegas Image Sensation in its sole discretion. You also agree not to interrupt or attempt to interrupt the operation of the Website in any way.
Accuracy of Information Contained on the Website
While Vegas Image Sensation makes reasonable efforts to ensure the information contained on this Website is accurate, Vegas Image Sensation hereby disclaims any representations or warranties regarding the accuracy or completeness of any information contained on its Website. Further, Vegas Image Sensation may allow third parties, including other users, to post information, opinions and recommendations consistent with the purpose of this Website. The opinions, recommendations and comments of third parties contained on this Website are not necessarily those of Vegas Image Sensation, nor is any third party material endorsed by Vegas Image Sensation. Vegas Image Sensation specifically disclaims any obligation to update or correct information provided on the Website, whether that information has been provided by Vegas Image Sensation or a third party.
Links to and from Third Party Websites
Solely as a convenience to Website users, Vegas Image Sensation may provide links to thirdparty websites or resources. In addition, there may be links to this Website from third party websites. Vegas Image Sensation is not in control of, and does not endorse, the third party websites linked to or from this Website and is not responsible for the content of any such third party websites. Additionally, linked websites and their owners may have terms of use and policies (including privacy policies) that differ from those of Vegas Image Sensation. Vegas Image Sensation specifically disclaims any representations or warranties regarding these third parties and their respective adherence to their policies, if any. For this reason, Vegas Image Sensation suggests that you review the policies and procedures of any such third party prior to utilizing their websites and services. Your use of any links to or from the Website is done at your own risk. Vegas Image Sensation shall not be responsible for any loss or damage relating to links to or from third party websites. If you have a website from which you would like to link to this Website, you may do so only in accordance with the Linking Policy.
Registration
When visiting the Website, you may be given the opportunity to register as a “Vegas Image Sensation User.” Such registration affords you access to certain interactive portions of the Website. If you register as a Vegas Image Sensation User, you represent that you (i) have read and agree to the terms of the Privacy Policy; (ii) are 18 years of age or older; (iii) will provide complete and accurate information regarding your identity; and (iv) will maintain and update your account information as necessary to keep it accurate and complete at all times. Without in any way limiting the foregoing, you agree not to impersonate any other person, to provide Vegas Image Sensation with any Personally Identifiable Information (as that term is defined in the Privacy Policy) of any other person, or falsely state or otherwise misrepresent your affiliation with a person or entity at any time when using the Website. The registration process includes your selection of a primary e-mail address (sometimes referred to herein as your “user name”) and password, which you will be prompted to input to access portions of the Website reserved for Vegas Image Sensation Users. In addition, your user name and password will be required to access your account with Vegas Image Sensation to conduct any activity reserved exclusively to you under your account. You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password, and if you believe either has been compromised, you must promptly notify Vegas Image Sensation of such compromise and/or change your user name or password to prevent unauthorized access as a result of such compromise. Vegas Image Sensation expressly disclaims any liability related to the unauthorized access or use of your user name or password.
Logging in via and Linking from Supported Online Accounts
In addition to logging directly into your Vegas Image Sensation account on the Website, you may also have the opportunity to log in to your Vegas Image Sensation account in conjunction with or through one or more of your other online accounts, such as your Facebook account. Vegas Image Sensation reserves the right to determine which other online accounts (“Supported Online Accounts”) it will allow users to log in to your Vegas Image Sensation account from, and to add or remove this feature with respect to online accounts maintained with other websites from time to time without notice. To log in to your Vegas Image Sensation account via a Supported Online Account, users must first be logged into the Supported Online Account in an active browser session. When logging in to your Vegas Image Sensation account via a Supported Online Account, you will still need to input your Vegas Image Sensation password. Once logged in to your Vegas Image Sensation account via a Supported Online Account, and assuming that you remain logged into such Supported Online Account during the active browser session, you may have the opportunity to import certain information (including certain Personally Identifiable Information) from such other Supported Online Account into your Vegas Image Sensation account, as well as to post to such other Supported Online Account from your Vegas Image Sensation account. You will be able to manage the importation from or posting to your Supported Online Accounts through your Vegas Image Sensation account. The terms set forth in this Section are not intended to, and shall not, alter the terms contained in the Section above entitled “Links to and from Third Party Websites”, and the terms set forth in that Section shall apply to the third party websites with which you maintain your Supported Online Accounts.
Use by Children
Vegas Image Sensation does not knowingly or intentionally solicit or market to children. In accordance with the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501–6506, and Vegas Image Sensation policy, individuals under the age of 18 shall not register as a Vegas Image Sensation User, nor shall they enter personal information on this Website. In the event Vegas Image Sensation receives actual knowledge that it has collected personal information from an individual under the age of 18 without the requisite parental consent, Vegas Image Sensation will delete that information from the Website as soon as is reasonably practical.
Intellectual Property
This Website, including all content, design, services, images and material, is protected by copyright, trademark and other proprietary and intellectual property rights of Vegas Image Sensation, its licensors or other third parties. Except as expressly permitted herein, no portion of this Website, including but not limited to trademarks, service marks and logos, may be reproduced, downloaded, displayed or used in any manner whatsoever without the express, prior written consent of Vegas Image Sensation. Further, Vegas Image Sensation’s name, logos and trade dress are trademarks or service marks of Vegas Image Sensation. You may not use or reproduce these marks without the express, prior written consent of Vegas Image Sensation. Any and all rights to content of the Website, including any intellectual property rights, not specifically granted to you herein are expressly reserved by Vegas Image Sensation.
Vegas Image Sensation will allow you to view and print content on the Website for your own personal use, but not for any for-profit or commercial activities, purposes or resale. The foregoing right is granted to you on the condition that (i) all copies of such content must retain unmodified and complete reproductions of any and all copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Vegas Image Sensation and, if possible, provide a reference to the applicable Website source, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Vegas Image Sensation material. No electronic copies are permitted. You agree that you will not modify, adapt, alter, change, disassemble or frame any of the contents of this Website. If you share the printed material allowed by this paragraph with others, you agree to advise any person with whom you share such materials as to these Terms of Use and they must agree to abide by these Terms of Use before you provide them such materials. Failure to abide by these conditions will result in the immediate termination of the permissions set forth herein and may result in legal action for the infringement of the copyrights and/or trademarks owned by Vegas Image Sensation or its licensors.
Submitted Content
This Website may allow users to submit pictures, writings, content and other information to the Website (“Submitted Content”). You agree that Vegas Image Sensation is under no obligation to post any Submitted Content that you may submit. However, by providing Submitted Content, you agree that Vegas Image Sensation may use the Submitted Content in any manner for which it deems such content fit and without any compensation to you or others. Without in any way limiting the foregoing, you grant Vegas Image Sensation a perpetual, irrevocable, non-exclusive, royalty-free, unrestricted, worldwide right and license to use, display, publish, print, sublicense, disseminate, modify, alter, create derivative works from, adapt, transmit, reproduce and copy such Submitted Content in any format it chooses. The foregoing grant includes the right for Vegas Image Sensation to exploit such Submitted Content and all proprietary rights therein, including without limitation, rights under patent, copyright, trademark and service mark laws in any relevant jurisdiction.
By providing Submitted Content, you represent to Vegas Image Sensation that (i) you own, or have the necessary licenses, rights, consents and permissions to use and submit the Submitted Content, (ii) the Submitted Content does not infringe the copyright, trademark, privacy right, publicity right or any other intellectual property or proprietary right of any third party, and (iii) you have all necessary licenses, rights, consents and permissions to grant Vegas Image Sensation the rights in the Submitted Content set forth in these Terms of Use. You agree that Vegas Image Sensation is under no obligation to store or maintain the Submitted Content, or to destroy or delete the Submitted Content from the Website, Vegas Image Sensation servers or anywhere else that Vegas Image Sensation may maintain or store such Submitted Content. You also agree that Vegas Image Sensation may screen, edit or remove any Submitted Content at any time in its sole discretion.
Copyright Protection Policy
Vegas Image Sensation respects the intellectual property rights of others. If you believe any content or material on the Website infringes on your copyrights, you may contact Vegas Image Sensation’s agent at copyright@VegasImageSensation.com. In keeping with the requirements of the Digital Millennium Copyright Act, the notification of alleged infringement must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vegas Image Sensation to locate the material;
- Information reasonably sufficient to permit Vegas Image Sensation to contact the complaining party, such as an address, telephone number and, if available, an email address;
- A statement that the signing party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner; and
- A statement that the information is accurate and, under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THIS WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND IS BEING USED BY YOU AT YOUR OWN RISK. VEGAS IMAGE SENSATION DOES NOT WARRANT THAT THE WEBSITE OR THE INFORMATION CONTAINED OR REFERRED TO ON THE WEBSITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. VEGAS IMAGE SENSATION MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THIS WEBSITE, THE INFORMATION CONTAINED OR REFERENCED ON THIS WEBSITE, OR THE INTEGRITY OF THIS WEBSITE AS A WHOLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, VEGAS IMAGE SENSATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUITABILITY, RELIABILITY, QUALITY, TIMELINESS, ACCURACY AND NON-INFRINGEMENT. WHILE THE FOREGOING SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU SHOULD BE AWARE THAT SOME OF THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU BECAUSE SOME STATES DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL VEGAS IMAGE SENSATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, PARTNERS, ADVISORS, AGENTS, REPRESENTATIVES OR CONTRIBUTORS OF INFORMATION TO THE WEBSITE, BE LIABLE TO YOU, OR ANY THIRD-PARTY CLAIMING BY OR THROUGH YOU, FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, STATUTORY OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO ANY LOST PROFITS, LOST USE, LOST DATA, COMPUTER VIRUSES, DELETION OF FILES, BUSINESS INTERRUPTION, PERSONAL INJURY OR HEALTH PROBLEMS, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, THE INFORMATION CONTAINED OR REFERENCED ON THE WEBSITE, YOUR USE OR INABILITY TO USE THE WEBSITE OR THE INFORMATION CONTAINED OR REFERENCED ON THE WEBSITE, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU SHOULD BE AWARE THAT SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY OF THE CONTENT CONTAINED THEREON, OR REFUSE TO ABIDE BY THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. IN THE EVENT THAT THE FOREGOING DISCLAIMER OF LIABILITY SHALL BE UNENFORCEABLE IN WHOLE OR IN PART, FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY TO YOU OF VEGAS IMAGE SENSATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, PARTNERS, ADVISORS, AGENTS, REPRESENTATIVES OR CONTRIBUTORS OF INFORMATION TO THE WEBSITE, HOWEVER ARISING OR RELATING TO THIS WEBSITE, SHALL NOT EXCEED $100.
Indemnity
You agree to indemnify, defend and hold harmless Vegas Image Sensation and all of its affiliates, officers, directors, employees, licensors, suppliers, volunteers, partners, advisors, agents and representatives from and against all losses, expenses, damages and costs, including attorney’s fees, arising out of or resulting from your use of this Website, your actual or alleged violation of these Terms and Conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account, your interaction with Vegas Image Sensation, or your violation of any third-parties’ rights, including any intellectual property or privacy rights.
Equitable Remedies
You agree that if you breach these Terms of Use, Vegas Image Sensation will be irreparably damaged. Therefore, you agree that Vegas Image Sensation shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies with respect to any breaches by you, in addition to any other available remedies.
Governing Law and Forum Selection
This website is operated and controlled within the United States of America. Vegas Image Sensation makes no representation that the Website is appropriate or available for use in locations outside of the United States, and access to the Website from territories where it is illegal is prohibited. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms of Use and the services provided in connection with this Website are governed by the laws of the State of Nevada, without regard to its conflicts of laws principles. By accessing this Website, you agree to be bound by all such laws. Further, any action arising out of a dispute concerning this Website and these Terms of Use shall be brought only in the state or federal courts of Clark County, Nevada. You hereby unconditionally consent to the exclusive jurisdiction of such courts for any and all such actions and disputes and waive and agree not to assert any defense or make any other assertion that you are not subject to the personal jurisdiction of such courts, that such courts are inconvenient forums, or that venue in such courts is improper. Any cause of action or claim you may have with respect to the Website must be commenced within one year after the claim or cause of action arises.
Miscellaneous
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, then (i) that provision shall be severed from the remaining Terms of Use and shall not affect the legality, validity or enforceability of the remaining provisions of the Terms of Use, and (ii) these Terms of Use shall be amended in order to give effect, to the maximum extent allowed by applicable law, to the original intent of the severed provision. Vegas Image Sensation’s delay or failure, if any, to enforce any provision of these Terms of Use shall not constitute a waiver of any of its rights or remedies hereunder. All provisions of these Terms of Use that expressly or, by their nature, are implicitly intended to survive the termination of these Terms or Use shall continue and remain in full force and effect after the termination hereof, including the provisions regarding Vegas Image Sensation’s ownership of intellectual property, Vegas Image Sensation’s license to Submitted Content, the Disclaimer of Warranties section, the Limitation of Liability section, the Indemnity section, the Equitable Remedies section, the Governing Law and Forum Selection section, and this Miscellaneous section. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise expressly stated, no right or remedy granted in these Terms of Use is intended to be exclusive of any other right or remedy available to Vegas Image Sensation, whether at law or in equity.
Termination
At its sole discretion, Vegas Image Sensation reserves the right to suspend or terminate your registration as a Vegas Image Sensation User with or without notice to you. Further, Vegas Image Sensation may preclude your access to any or all of this Website and/or remove any information or materials from this Website for any reason.
Contacting Vegas Image Sensation Regarding These Terms of Use
If you have any questions, comments or concerns regarding these Terms of Use, you may contact Vegas Image Sensation at:
3475 E. Tompkins Avenue
Las Vegas, Nevada 89121
Info@VegasImageSensation.com
(702) 635-4996
Last Update
These Terms of Use were last updated on May 7, 2014.