Dated as of October 5, 2021
Welcome to the VegasNews.com website, VegasNews.com” or “the Site”), owned and operated by VegasNews.com. Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the VegasNews.com website and the Site’s services, applications, content, and products (collectively, the Site).
Please read the following terms and conditions of use, including an Arbitration Agreement. Your access to and use of this Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. VegasNews.com reserves the right to make changes to the Site and to these Terms from time to time at the Site’s sole discretion. When VegasNews.com makes changes, we will post them here. For this reason, we encourage you to review these Terms each time that you use our Site because by visiting the Site, you agree to accept any such changes. VegasNews.com is providing you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, code, links, and the HTML used to generate the pages (collectively “Materials and Content”) is the sole and exclusive property of VegasNews.com or that of our affiliates, suppliers or licensors and is protected by patent, trademark, trade secret, service mark, trade dress and/or copyright under the United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of VegasNews.com.
We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to view the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the services described on the Site at any time for any or no reason and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use. You are responsible for your own communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications to the Site. VegasNews.com specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate, or not your own
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy, or publicity right of another
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
- Attempting to interfere in any way with the Site’s or VegasNews.com’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations
- Using the Site to harass, disrupt, or unlawfully interfere with the Site’s business interests.
VegasNews.com values its international customers. We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site.
As between you and VegasNews.com (or any other company whose marks appear on the Site), VegasNews.com (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The VegasNews.com logos, designs, titles, phrases, and product names and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, “VegasNews.com Intellectual Property”) are owned by VegasNews.com and may be registered in the United States and internationally. You agree not to display or use VegasNews.com Intellectual Property in any manner without VegasNews.com’ prior permission. Nothing on the Site should be construed to grant any license or right to use any VegasNews.com Intellectual Property without the prior written consent of VegasNews.com. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by VegasNews.com. If you make use of the Site, other than as provided herein, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
VegasNews.com respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VegasNews.com’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of 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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has 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
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be directed to:
2240 Corporate Circle, Suite 12
Henderson, Nevada 89074
By email: firstname.lastname@example.org
(For both mail and email notices, please include “Notice of Infringement” in the subject). Upon receipt of notices complying with the DMCA, VegasNews.com will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any United States judicial district in which VegasNews.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING VEGASNEWS.COM ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that any information on the Site violates your rights of privacy or publicity, please contact VegasNews.com as indicated above. VegasNews.com will act to remove or disable access to any material found to be in violation of your rights of privacy or publicity under Nevada law or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
Disclaimers and Limitation of Liability
VegasNews.com publishes information on its Site as a convenience to its visitors. While VegasNews.com attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” VEGASNEWS.COM DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VEGASNEWS.COM DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. VEGASNEWS.COM MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
VegasNews.com makes no warranties of any kind regarding any non-VegasNews.com sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and VegasNews.com makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-VegasNews.com sites. VegasNews.com does not endorse, warrant or guarantee any products or services, if any, offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL VEGASNEWS.COM, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF VEGASNEWS.COM OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold VegasNews.com, its directors, officers, managers, members, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringe any third-party proprietary right.
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE OR OTHER INTERACTION WITH VEGASNEWS.COM (INCLUDING CLAIMS RELATING TO VEGASNEWS.COM’S MARKETING, ADVERTISEMENTS, DISPLAYS, AND DISCLOSURES, OR VEGASNEWS.COM’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.
ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE, THE SPECIFIC RELIEF SOUGHT, AND ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO: VEGASNEWS.COM, 2240 CORPORATE CIRCLE, SUITE 120, HENDERSON, NEVADA 89074, OR TO YOU AT THE ADDRESS YOU PROVIDE TO VEGASNEWS.COM. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY COMMENCE ARBITRATION.
IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY VEGASNEWS.COM INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEVADA. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
By visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Nevada, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court.
These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return, or other transaction with VegasNews.com shall be submitted to confidential arbitration in Las Vegas, Nevada. However, if you have in any manner violated or threatened to violate any VegasNews.com Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
These Terms constitute the entire agreement between you and VegasNews.com and govern your use of the Site, and they supersede any prior agreements between you and VegasNews.com as to the terms and issues discussed herein. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. VegasNews.com may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in VegasNews.com sole discretion you fail to comply with any provision of these Terms.
- You agree that no joint venture, partnership, employment, or agency relationship exists between VegasNews.com and you as a result of this Agreement or your use of the Site.
- Any claim or cause of action you may have with respect to VegasNews.com or the Site must be commenced within one (1) year after the claim or cause of action arose.
- The failure of VegasNews.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.