Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE. These Terms of Service define the terms by which you may use the Premier Vegas website (“Website”), and are an agreement between you and Premier Interactive LLC (“Company”)(the Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Service.
1. OUR WEBSITE
Our Website is an online publication with self-generated, user-generated and aggregated content about product and service providers in the Las Vegas area. We provide reviews, business information, and promotional offers on a variety of Las Vegas businesses and attractions, including such customary tourist attractions as restaurants, hotels, spas, casinos, and night clubs, as well as specialty businesses appealing to more individualized interests such as extreme sports, shooting ranges and strip clubs.
You do not have to register in order to visit our Website. In order to access many of the features of this Website, however, you will need to register and create an account. You have the option to register through Facebook Connect or to simply register directly with our Website.
If you register directly with our Website, you may be asked to provide your name, email address, residential address, and information about your personal interests. You also may be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.premiervegas.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 2.
We or our licensors own all right, title, and interest in the logos, marks, and branding (“Trademarks”), the code, the databases, the design, the arrangement, the content, and any other copyrightable elements of the Website or on any social media pages or feeds set up on behalf of our Company or Website (“Intellectual Property”). Except as otherwise expressly authorized by us pursuant to a written license agreement, you may only display, view, and listen to the Intellectual Property posted to our Website, and you may not reproduce, display, copy, republish, download, upload, post, transmit, publicly perform and display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website or our social media pages or feeds without our express written consent. Using the Intellectual Property on any other Website for any other commercial purpose is expressly prohibited.
If you provide comments or reviews, contribute text, or provide any other content to our Website (the “Content”) or to a third party social media webpage branded in the name of “Premier Vegas,” you agree to assign all right, title, and interest in such Content to Company, unless otherwise agreed to by us in a separate written agreement. You expressly warrant that you own all right, title, and interest in such Content, and you have no conflicting obligations with respect to the Content that would prevent you from assigning such Content to Company. If you provide photos which contain images of any person, you warrant that you have obtained a release from such person expressly authorizing you to use his or her likeness on our Website and set forth herein. You are solely responsible for ensuring that all Content that you upload is appropriate, legal, and not in violation of any federal, state, or local law or ordinance, is not obscene or pornographic, does not defame any third party, is not threatening or harassing, does not invade anyone’s privacy, is not infringing, does not violate the terms of any social media website APIs that we have integrated into the Website, and is not otherwise objectionable.
Please be cautious with your postings and remember that the Website is a public forum, and any comments or reviews that you submit to us will be visible on that public forum.
4. INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINTS
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
- (a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
- (b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
- (c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
- (d) Contact Information. Your address, telephone number, and email address; and
- (e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
5. OPERATION OF WEBSITE
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
- (a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
- (b) Description of Error Message. The exact wording of any error messages, if applicable; and
- (c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.
6. SPECIFIC PROHIBITED USES OF THE WEBSITE.
We specifically prohibit certain uses of the Website and Service, including but not limited to the following:
- (a) Impersonation; Misrepresentation: Posting or submitting to the Website any information in which you impersonate or claim to be any third party;
- (b) Providing Unauthorized Access to the Website: Disclosing or sharing your password with any third party or allowing such third party access to the password-protected features of the Website;
- (c) Objectionable Communications through the Website: Posting Content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
- (d) Tampering with the Website: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s or platform’s infrastructure, servers, data, or network or those of any third party;
- (e) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or platform other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari);
- (f) Uploading Viruses: Posting or submitting any Content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website, or of any computer software, hardware, or telecommunications equipment;
- (g) Infringing Intellectual Property: Posting infringing Content to the Website or, in the alternative, deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website;
- (h) Mining Data: Using any means of automatically searching or mining data from the Website or in any way attempting to interfere with the proper working of the Website;
- (i) Stalking or Harassment: Stalking, harassing, or threatening any visitor to our Website; or
- (j) Harvesting Personal Information: Collecting or storing personal information about any other visitor to the Website.
We reserve the right (but do not have the obligation) to suspend or cancel the account of any user who does not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at [email protected]
7. REVIEWS; RATINGS
We may from time to time conduct a review of a business or attraction and post a review of that business or attraction to our Website. When we conduct such reviews, we may accept free products or services in order to conduct that review. We will designate a reviewer to test and evaluate the business or attraction and to provide an immediate review following his or her visit, in which he or she evaluates the business and attraction. All reviews will provide substantiation to the extent possible to support the evaluation and feedback and may include a description of the expertise and skills of the reviewer that make him or her qualified to evaluate the business or attraction. Upon conclusion of the evaluation, the designated review will present his or her review to us and we will determine whether the review constitutes the Company’s collective judgment. Where it is determined that the review does in fact constitute the Company’s collective judgment, then the review will be posted to our Website. We may conspicuously identify each posted review on its face as being a compensated review.
We also may rate businesses or attractions on our Website. If we provide ratings, then we may also conspicuously publish the criteria for making those ratings and information about the process that was utilized to provide such rating. As in the case of reviews, we will confirm that all ratings constitute Company’s collective judgment, prior to posting a rating on a Website. If any compensation was received by us in making our evaluation, then we may also conspicuously acknowledge that we received compensation from the businesses rated.
In addition to posting our own reviews and ratings, we encourage all registered users to provide reviews about their personal experiences with the businesses and attractions listed on our Website.
We may also publish advertisements on our Website that feature consumers and experts who provide their endorsements of businesses or attractions featured on our Website. All such advertisers and endorsements will be required to comply with the Federal Trade Commission’s published Guidelines Concerning the Use of Endorsements and Testimonials in Advertising, as well as any other applicable laws and regulations. We have no obligation to screen advertisements for compliance but we reserve the right to remove any non-compliant advertisement from our Website at any time without prior notice.
Your business dealings with any third party with whom you connect through this Website are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties linked to this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
Third parties linked to our Website may have an affiliate marketing relationship with us, in which we may receive a small referral fee for our referring through our Website visitors who are interested in an affiliate’s products or services to the affiliate website. An affiliate relationship shall not be construed as endorsement of the affiliate’s products or services.
9. CONTESTS AND PROMOTIONS
We may from time to time hold contests and other promotions through our Website.
To be eligible to participate in a contest or promotion, you must register with our Website, but you will not be required to make any purchase. Contests and promotions are open only to individuals, 18 years or older at the time of the award, who are legal residents of the United States, excluding residents of Florida, New York, and Rhode Island, and where otherwise prohibited by law. Officers, directors, employees, and independent contractors of the Company, any other party associated with the development or administration of the contest or promotion, and their immediate family (i.e. parents, children, siblings, or spouse), and persons residing in the same household as such individuals shall not be eligible to participate.
We will distribute any awards or other promotions in accordance with the selection criteria we will publish on our Website in conjunction with each contest or promotion. In the event that the selection criteria for a particular contest or promotion is dependent on correctly winning any skill contest, then we will publish the rules and guidelines for the skill contest in advance of the date on which the event is upheld. If you win, any award will be granted to you “as is” with no warranty or guarantee, whether express or implied, outside of the manufacturer’s limited warranty if applicable. We reserve the right to substitute a different award or other promotion of equal or greater value in the event that the advertised award or promotion is unavailable. The terms of the contest or promotion rules will be binding on you and all other participants. We will not be responsible for any printing, typographical, mechanical, or other error in the printing of any materials related to the award or promotion in any announcements.
If you are selected to receive an award or promotion, you will be notified by telephone, mail, or email within seven (7) business days thereafter and may be required to sign and return a sworn affidavit of eligibility and liability and publicity release. If you do not return any required documentation within seven (7) days following notification, the notification is returned as undeliverable, you are found to be ineligible, or you do not comply with these rules, then you will forfeit all rights to the award or promotion. Upon receipt of the required documentation and upon determining that your meet all eligibility requirements, you will be selected for the award or promotion. You will be required to provide valid photo identification, and if you need the item to be delivered you must provide a written address where you or another authorized person can sign for delivery. Expenses not expressly covered in this Section will be your responsibility.
We will always announce the award or promotion in advance, which will be subject to any restrictions set forth in the published rules for the contest or promotion on our Website. You must abide by all terms and conditions and agree to accept the reward or promotion “as is.” You will receive your award or promotion within fourteen (14) days after photo verification. All federal, state, or local taxes and any other incidental expenses incurred in conjunction with the awards or promotions shall be your sole responsibility. The IRS requires you to report the fair market value of any merchandise, products, or other items in which you receive a reward or promotion. Your acceptance of an award or promotion will constitute your permission for us to perpetually use your name, the award or promotion that you received, your hometown, and your likeness for advertising and promotional purposes without further compensation, except where prohibited by law.
You agree that we are not responsible for technical, hardware, of software failures, or any other errors or problems, which may occur in connection with the award or promotion, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including but not limited to any problems which may occur in connection with administering the award or promotion or announcing you as winner. We reserve the right to permanently disqualify anyone believed to have intentionally violated the rules set forth in this Section.
10. FEEDBACK AND SUBMISSIONS
We are pleased to hear from you and we welcome your feedback about our Website. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and to incorporate your idea into our Intellectual Property.
11. WARRANTY; DISCLAIMER
Your use of this Website and the reliance on any information contained herein shall be at your sole risk. We can make no warranty or representation that any information on our Website is accurate and correct. We do not screen businesses or attractions prior to listing them on our Website, so we cannot make any warranties or representations about their quality; their level of customer service; their management; their facilities; their level of compliance with health, safety, or other requirements; whether or not they will honor any discounts or promotions offered on our Website; or to what extent they comply with health, safety, and other laws, regulations, and requirements. We cannot guarantee that addresses or directions provided on our Website are correct, nor that the business or attraction will be open when you visit. We cannot warrant or represent that you will have a good experience with the business or attraction on the day that you visit such business or attraction, or that your experience will be substantially similar to that of any of our reviewers. Likewise, we cannot make any warranty or representation that any attraction that you visit and any activity that you participate in will not subject you to financial or physical harm. You solely assume all the risk of any financial or physical loss or damage that you suffer as a result of any activity that you undertake or attraction that you visit as a result of a listing on this Website.
If any of our advertisers provide any specific examples of outcomes on this Website, please be advised that we cannot guarantee a similar outcome in your case or the case of any third party. Outcomes are specific to the individuals depicted, cannot be guaranteed, and should not be considered typical.
We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, nor can we make any warranty or representation that this Website will meet your needs. We can likewise make no warranties regarding the information or contents of any Third Party Sites linked to this Website, or with respect to any decision to enter into a business relationship with such third parties.
We do, however, warrant and represent that we will use reasonable care to provide uninterrupted, bug-free, error-free service.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.
12. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or your patronage of any business or other attraction listed on our Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of One Hundred Dollars ($100.00) for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
13. RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, directors, employees, independent contractors, representatives, agents, content providers, and affiliates from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to this Website. If applicable, you waive your rights under California Civil Code Section 1542, 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.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our licensors, officers, directors, employees, independent contractors, representatives, agents, affiliates and other visitors against any third party claim arising from or in any way related to your use of this Website or any Third Party Sites, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any paragraph of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph shall be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties’ intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The paragraph headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.
16. GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Service shall be governed by and construed in accordance with the laws of Delaware, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Rules of Arbitration for the American Arbitration Association in Las Vegas, NV by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
17. CONTACT US
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website, please notify us at the following email address: [email protected]
18. EFFECTIVE DATE
These Terms of Service were last modified on April 19, 2011.