VegasMaximus.com
Terms of Use
1. Acceptance of Terms
The VegasMaximus.com Web Site is made up of
various Web pages that are owned and operated by Vegas Maximus
Productions, Inc. (“VegasMaximus.com”) (the
“Website”). The following Terms of Use (“Terms”)
govern your use of the Website. Read these terms carefully
before you (“You”) accept these Terms by: (a)
placing an order through VegasMaximus.com or (b) otherwise
using the Website.
The Terms are entered into by and between VegasMaximus.com
and You. Any reference herein to VegasMaximus.com shall
be deemed to refer to VegasMaximus.com and/or the Website,
as applicable under the circumstances. The products offered
for sale and other on-line resources accessible via the
Website, are provided to You, subject to these Terms. Unless
explicitly stated otherwise, the Terms will govern Your
use of any new features that augment or enhance the Website.
VegasMaximus.com, and any third-party providers
of content to the Website, may make improvements and/or
changes to the Website including the products, programs,
services and prices that are offered or described on the
Website, at any time, without prior notice. In addition,
VegasMaximus.com does not warrant that the products offered
on the Website are available to be shipped to all customers
or that product descriptions or other content of the Website
is accurate, complete, reliable, current or error-free.
If a product offered on the Website is not as described,
Your sole remedy is to return the product in unused condition.
2. Modification to Terms of Use
VegasMaximus.com reserves the right to update
or modify these Terms and, any additional terms, codes of
conduct or guidelines, without prior notice. You are responsible
for regularly reviewing these Terms and Your continued use
of the Website constitutes Your agreement as to all such
updated or modified terms.
3. Intellectual Property Rights
Unless otherwise indicated, all information,
images, text, messages, illustrations, graphics, logos,
designs, icons, photographs, programs, data, software, music,
sound, video, or other materials that are part of the Website
(collectively, the “Content”) are protected by copyrights,
trademarks, service marks, publicity rights, or other proprietary
rights and laws owned, controlled or licensed by VegasMaximus.com
or by third parties (the “Third Party Providers”) who have
provided materials to VegasMaximus.com, and these rights
are valid and protected in all forms, media and technologies,
existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and
VegasMaximus.com owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content
may be copied, reproduced, framed, modified, removed, sold,
distributed, republished, downloaded, displayed, posted,
transmitted, or otherwise exploited, in whole or in part,
in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or
otherwise, without the prior express written permission
of VegasMaximus.com or the Third Party Provider. No part
of the Website may be reproduced or retransmitted in any
way, or by any means, without the express written permission
of VegasMaximus.com. You also may not, without VegasMaximus.com’s
prior express written permission, “mirror” any of the Content
contained on the Website on any other server.
VegasMaximus.com is committed to respecting
others' intellectual property rights, and we ask our users
to do the same. VegasMaximus.com may, in its sole discretion,
terminate the accounts or access rights of users who infringe
or otherwise violate others' intellectual property rights.
Nothing on the Website shall be construed
as conferring any license under any of VegasMaximus.com’s
or any Third Party Provider’s intellectual property rights,
whether by estoppel, implication, or otherwise. You acknowledge
sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute
and download VegasMaximus.com’s Content on the Website for
Your personal, non-commercial use only, provided You do
not modify the materials and that You retain all copyright
notices, trademark legends, and other proprietary rights
notices contained in the materials. This permission terminates
automatically if You breach any of these Terms. Upon termination,
You must immediately destroy any downloaded and printed
materials.
The Content on the Website may be used only
as a shopping or rental resource. The Content may not be
redistributed to any minor. Any unauthorized use of any
Content contained on the Website may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
VegasMaximus.com has not independently authenticated
content provided by Third Party Providers in whole or in
part. VegasMaximus.com does not provide, sell, license,
rent or lease any of the Content other than those specifically
identified as being provided by VegasMaximus.com.
4. Your Conduct
You agree to use the Website only for lawful
purposes. You are prohibited from posting on or transmitting
through the Website any Content that violates or infringes
anyone’s intellectual property rights (including copyrights,
trademarks, trade secrets, patents, publicity rights or,
to the extent protectable, confidential ideas) or otherwise
deemed by VegasMaximus.com to be harmful or objectionable,
or that intentionally or unintentionally violates any applicable
local, state, national or international law, or any regulations
having the force of law.
5. Comments, Communications and Other Content
All comments, communications, ideas, and other
content disclosed, submitted or offered to VegasMaximus.com
on or by the Website or otherwise disclosed, submitted or
offered in connection with Your use of the Website (collectively,
the "Comments") shall be and remain VegasMaximus.com’s property.
Such disclosure, submission or offer of any Comments shall
constitute an assignment to VegasMaximus.com of all worldwide
rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, VegasMaximus.com
will own exclusively all such rights, titles and interests
and shall not be limited in any way in its use, commercial
or otherwise, of any Comments. VegasMaximus.com is and shall
be under no obligation (1) to maintain any Comments in confidence;
(2) to pay user any compensation for any Comments; or (3)
to respond to any user Comments. You agree that no Comments
submitted by You to the Website will violate any rights
of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s). You further agree
that no Comments submitted by You to the Website will be
or contain libelous or otherwise unlawful or abusive material.
You are and shall remain solely responsible for the content
of any Comments you make.
6. Links
The Website may provide, or third parties
may provide, links to other Internet sites or resources.
Because VegasMaximus.com has no control over such sites
and resources, You acknowledge and agree that VegasMaximus.com
is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other
materials on or available from such sites or resources.
VegasMaximus.com will not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through
any such site or resource.
The Website may be linked to other websites
that are not under the control of and are not maintained
by VegasMaximus.com. VegasMaximus.com is not responsible
for the content of those sites. VegasMaximus.com is providing
these links to You only as a convenience, and the inclusion
of any link to such sites does not imply endorsement by
VegasMaximus.com of those sites.
7. Indemnification
You agree to indemnify and hold VegasMaximus.com,
and its subsidiaries, affiliates, officers, agents, co-branders,
or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys’ fees, made by
any third party due to or arising out of the use of the
Website.
8. Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK.
THIS WEBSITE IS PROVIDED BY VEGASMAXIMUS.COM ON AN “AS IS”
AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED,
THE CONTENT ON THE WEBSITES IS PROVIDED “AS IS”, “WITH ALL
FAULTS,” AND IS FOR COMMERCIAL USE ONLY. VEGASMAXIMUS.COM
DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY
OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. VEGASMAXIMUS.COM MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE
CONTENT CONTAINED ON THE WEBSITES. VEGASMAXIMUS.COM MAY
MAKE AVAILABLE ON THE WEB SITES CONTENT AVAILABLE FOR DOWNLOADING
THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEB
SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED
TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL VEGASMAXIMUS.COM
OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS
OF THE CONTENT OR INFORMATION FROM THE WEBSITES.
VEGASMAXIMUS.COM MAKES NO WARRANTY OR CONDITION
THAT: (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii)
THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET
YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING
FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM VEGASMAXIMUS.COM OR THROUGH
OR FROM THE WEBSITES WILL CREATE ANY WARRANTY OR CONDITION
NOT EXPRESSLY STATED IN THE TERMS. VEGASMAXIMUS.COM'S EMPLOYEES
ARE NOT AUTHORIZED TO VARY THESE TERMS.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE
LAW, VEGASMAXIMUS.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF
VEGASMAXIMUS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY
OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL
BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING
OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO
USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES,
INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE
FROM THE WEBSITES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION
WITH THE WEBSITES AND WILL NOT MAKE A CLAIM AGAINST VEGASMAXIMUS.COM
FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS
OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD VEGASMAXIMUS.COM HARMLESS
FROM, AND YOU COVENANT NOT TO SUE VEGASMAXIMUS.COM FOR,
ANY CLAIMS BASED ON USING THE WEBSITES, WHETHER IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE. Some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to You.
10. Privacy Policy
VegasMaximus.com respects Your desire for
privacy.VegasMaximus.com's Privacy Policy can be found at
here. By using the Website, You
are consenting to the processing of Your data by VegasMaximus.com
and consenting to the terms of our Privacy Policy.
11. Site Security
You are prohibited from violating or attempting
to violate the security of the Website, including, without
limitation, (a) accessing data not intended for such user
or logging onto a server or an account which You are not
authorized to access; (b) attempting to probe, scan or test
the vulnerability of a system or network or to breach security
or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host
or network, including, without limitation, via means of
submitting a virus to the Website, overloading, “flooding,”
“spamming,” “mailbombing” or “crashing;” (d) sending unsolicited
email, including promotions and/or advertising of products
or services; or (e) forging any TCP/IP packet header or
any part of the header information in any email or newsgroup
posting. Violations of system or network security may result
in civil or criminal liability. VegasMaximus.com will investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not
to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Website or any
activity being conducted on the Website. You agree, further,
not to use or attempt 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 other than the search
engine and search agents available from VegasMaximus.com
on the Website and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
12. Termination of Use
VegasMaximus.com, in its sole discretion,
may terminate Your password, Your account, Your use of any
of the on-line resources available on the Website, and remove
and discard any Content on the Website, for any reason,
including, without limitation, for lack of use or if VegasMaximus.com
believes that You have violated or acted inconsistently
with the letter or spirit of the Terms. Any termination
of Your access to the Website under any provision of the
Terms may be effected without prior notice, and VegasMaximus.com
may immediately de-activate or delete Your account and all
related information and files in Your account and/or bar
any further access to such files or to the Website. Further,
VegasMaximus.com will not be liable to You or any third-party
for any termination or suspension of Your Account or Your
access to the Website.
13. General Information
The Terms constitute the entire agreement
between You and VegasMaximus.com and govern Your use of
the Website, superseding any prior agreements between You
and VegasMaximus.com (including, but not limited to, any
prior versions of the Terms). You also may be subject to
additional terms and conditions that may apply when You
use other VegasMaximus.com services, third-party content
or third-party software. You must not assign or otherwise
transfer either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable
harm to VegasMaximus.com for which damages would be an inadequate
remedy and, therefore, in addition to its rights and remedies
otherwise available at law, VegasMaximus.com will be entitled
to equitable relief, including both a preliminary and permanent
injunction, if such a breach occurs. You waive any requirement
for the posting of a bond or other security if VegasMaximus.com
seeks such an injunction.
California law and controlling U.S. federal
law govern any action related to the Terms. No choice of
law rules of any jurisdiction apply. You and VegasMaximus.com
agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Los Angeles,
California.
VegasMaximus.com controls and operates the
Website from its headquarters in Encino, California, United
States of America, and makes no representation that this
Content is appropriate or available for use in other locations.
If You use the Website from other locations, You are responsible
for compliance with applicable local laws including but
not limited to the export and import regulations of other
countries.
The U.S. export control laws regulate the
export and re-export of technology originating in the United
States. This includes the electronic transmission of information
and software to foreign countries and to certain foreign
nationals. You agree to abide by these laws and their regulations
including, but not limited to, the Export Administration
Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content derived
from the Website to either a foreign national or a foreign
destination in violation of such laws.
The failure of VegasMaximus.com to exercise
or enforce any right or provision of the Terms does not
constitute a waiver of such right or provision. If a court
of competent jurisdiction finds any provision of the Terms
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions
as reflected in the provision, and the other provisions
of the Terms remain in full force and effect. REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE
OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES
OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The
section titles in the Terms are for convenience only and
have no legal or contractual effect.
These Terms represent the entire understanding
relating to the use of the Website and prevail over any
prior or contemporaneous, conflicting, or additional, communications.
Click
here to send us your comments.