Terms of Use

VegasOnDemand.com Terms of Use

Welcome to VegasOnDemand.com, a Trilogy Media, LLC website (together "we" or "us"). These Terms of Use govern your use of this site, including the content, software and services through it.

BY USING VEGASONDEMAND.COM YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE VEGASONDEMAND.COM, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE VEGASONDEMAND.COM 

1.    CHANGES TO THE TERMS OF USE.

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use VegasOnDemand.com after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

2.    ADDITIONAL TERMS.

Certain features of VegasOnDemand.com, such as blogs, customer reviews, video uploads, text notification services, etc., may include usage guidelines and rules that will supplement these Terms of Use. By using those services on VegasOnDemand.com, you agree to comply with such guidelines and rules.

3.    REGISTERED USERS.

Certain features of VegasOnDemand.com, such as blogs, customer reviews, video uploads, text notification services, etc., may only be available to registered users of VegasOnDemand.com and require you to sign in with a screen name to use them. Your use of these enhanced services as a registered user of the VegasOnDemand.com will be subject to the  VegasOnDemand.com Registered User Terms of Service. You will be given the opportunity to become a registered user any time you attempt to access enhanced content or features on the site.

4.    ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.

You agree that we may provide to you required notices, agreements and other information concerning VegasOnDemand.com electronically. We will post the notices on the home page of VegasOnDemand.com or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you may opt out at any time by clicking here.

5.    PRIVACY POLICY.

The  VegasOnDemand.com Privacy Policy explains the practices that apply to your information when you use VegasOnDemand.com. Your ongoing use of VegasOnDemand.com signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking here.

6.    CHANGES TO VegasOnDemand.com.

We may discontinue or change any service or feature on VegasOnDemand.com at any time and without notice.

7.    ACCESS COSTS.

You must provide at your own expense the equipment and Internet connections that you will need to access and use VegasOnDemand.com. If you access VegasOnDemand.com through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access VegasOnDemand.com through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access VegasOnDemand.com through any wireless or other communication service.

8.    YOUR RESPONSIBILITIES.

You may use VegasOnDemand.com for lawful purposes only. You may not submit or transmit through VegasOnDemand.com any material, or otherwise engage in any conduct that:

(1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights,

(2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts,

(3) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,

(4) impersonates any person, business or entity, including VegasOnDemand.com and its employees and agents,

(5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network,

(6) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,

(7) violates these Terms of Use, guidelines or any policy posted on VegasOnDemand.com, or

(8) interferes with the use of VegasOnDemand.com by others.

You may not use VegasOnDemand.com in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of VegasOnDemand.com. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these

Terms of Use.

9.    NO SPAM.
You may not use VegasOnDemand.com or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use VegasOnDemand.com to violate the terms of this section. We may terminate your access or use of VegasOnDemand.com immediately and take any other legal action if you, or anyone using your access to VegasOnDemand.com, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

10.    PROPRIETARY RIGHTS.

We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on VegasOnDemand.com own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on VegasOnDemand.com are our trademarks.

11.    LICENSE TO USE VEGASONDEMAND.COM

You may use VegasOnDemand.com and the Content offered on VegasOnDemand.com only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of VegasOnDemand.com or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Contact us electronically at copyright@VegasOnDemand.com for information on how you can request permission to reproduce certain Content from VegasOnDemand.com.

12.    CONTENT YOU POST TO PUBLIC AREAS.

Certain areas of VegasOnDemand.com may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on VegasOnDemand.com that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of VegasOnDemand.com, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

13.    NO DUTY TO MONITOR.

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

14.    PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on VegasOnDemand.com in a way that constitutes copyright infringement, please contact us electronically at copyright@VegasOnDemand.com, or via our toll-free number 888-505-5211 to report possible copyright infringement.

15.    THIRD PARTY SITES; ADVERTISERS.

VegasOnDemand.com may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on VegasOnDemand.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

16.    USE OF SOFTWARE.

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software.

You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

The software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.

You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

17.    DISCLAIMER OF WARRANTIES.

We provide VegasOnDemand.com "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about VegasOnDemand.com. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT VegasOnDemand.com AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH AOL.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT VEGASONDEMAND.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VEGASONDEMAND.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE AOL.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AOL REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

18.    LIMITATION OF LIABILITY.

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF VEGASONDEMAND.COM. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF AOL.COM EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON AOL.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

19.    INDEMNIFICATION.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of VegasOnDemand.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20.    INTERNATIONAL USE.

We make no representation that Content on VegasOnDemand.com is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access VegasOnDemand.com from a location outside the U.S., you do so upon your own initiative and you are responsible for compliance with local laws.

21.    CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

You agree that the laws of the state of Nevada govern this contract and any claim or dispute that you may have against us, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Nevada and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEVADA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEVADA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

22.    SELLER OF TRAVEL.

Trilogy Media, LLC dba/VegasOnDemand.com is registered as a SELLERS OF TRAVEL ORGANIZATION with the Nevada Consumer Affairs Division of the Nevada Department of Business and Industry

Registration No.    240000060        Expiration Date:     03/30/2010

23.    NOTIFICATION AND CONTACT INFORMATION.

To the extent that VegasOnDemand.com may need to contact you, you agree that VegasOnDemand.com may do so via any electronic means, included but not limited to communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site or the services offered by VegasOnDemand.com, you may contact our Customer Service department as indicated below. VegasOnDemand.com will attempt to respond to your questions or concerns promptly upon receipt.

 Regular Mail:    
 VegasOnDemand.com                  Electronic Mail:    customerservice@vegasondemand.com
 Attn: Customer Service
 5812 S. Pecos Road, Suite B        Toll-free:              888-505-5211
 Las Vegas, NV 89120

24.    SEVERABILITY AND INTEGRATION.

This contract and any supplemental terms, policies, rules and guidelines posted on VegasOnDemand.com constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

25.    TERMINATION.

Your right to use VegasOnDemand.com automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with VegasOnDemand.com. We also reserve the right, in our sole discretion, to terminate your access to all or part of VegasOnDemand.com, for any reason, with or without notice.