Terms and conditions

These terms and conditions (“Terms”) constitute a legal agreement between you (“you” or “your”) and MYVEGAS. By downloading and installing one of the many applications and using it in conjunction with other services provided by MYVEGAS or accessed through the use of the applications (collectively referred to as the “Service”).

You acknowledge having read, understood, accepted, and agreed to be bound by these Terms and Conditions. By using the Service or clicking “I Accept” when prompted, you agree to be bound by and comply with these Terms, as well as our privacy policy, which can be found at www.MyVEGAS.com/privacy-policy/ (“Privacy Policy”) and is incorporated into these Terms by reference. If you do not accept these Terms, you may not access or use the Service.

MYVEGAS reserves the right to modify or change these Terms, the Applications, or other aspects of the Service at any time in its sole discretion. Your continued use of the Service following the posting of such changes indicates that you accept the revised Terms. MYVEGAS may make reasonable commercial efforts to notify you of material changes. If the modified Terms are unacceptable to you, your only option is to discontinue using the Service. You agree that MYVEGAS may change or discontinue any part of the Service, including its content, at any time and for any reason, without notice to you or liability.

Privacy Policy

MYVEGAS will only use the personal information you provide in connection with your use of the Service in accordance with the terms of our Privacy Notice, which is available in the Applications. By accessing or using the Service, you consent to the collection, use, and storage of your information in accordance with the Privacy Notice. If you have any questions about privacy, please contact our customer service department.

Eligibility

To fully use the Service, you must be a natural person over the age of 18 who is associated with the email address or Facebook login that was used to register. If you do not meet all of the requirements, you may be unable to access or use the Service.

Account Information

If you register with your Facebook Login, you will be prompted to log in with your Facebook login credentials (“Facebook Password”) and, if applicable, to configure your Facebook account’s privacy settings to allow your activity on the Service to be shared with your Facebook contacts (as further described in our Privacy Policy). By creating an account using your Facebook login, you grant MYVEGAS access to your Facebook account information, and you acknowledge and agree that your use of Facebook is governed by the terms and conditions of Facebook’s Terms of Service, Data Policy, and Community Standards, including, without limitation, Facebook’s password and account security policies (collectively, the “Facebook Policies”).

By creating an account with MYVEGAS using your Facebook account, you agree to follow the Facebook Policies and the rules outlined below to ensure the security of your account and Facebook login. For the purposes of these Terms, references to your Facebook Login include any account and account information, including usernames, passwords, or security questions, whether or not created for the purpose of using the Service, that are used to access the Service.

  • You must not share your Facebook login with anyone else, allow anyone else to access your Facebook account or do anything else that could compromise the security of your Facebook login. MYVEGAS will not ask you to reveal your Facebook password and will not contact you to ask for answers to your Facebook password security questions;
  • If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft or unauthorised use of your Facebook Login, you will immediately notify MYVEGAS and change your Facebook Login;
  • You are solely responsible for maintaining the confidentiality of your Facebook Login and you are responsible for all uses of your Facebook Login, including purchases, whether or not authorised by you;
  • You are responsible for everything that happens on the Service through the use of your Facebook Login, whether or not such actions were taken by you. You therefore acknowledge that MYVEGAS may suspend your access to the Service or terminate your use of the Service if someone else uses it to engage in any activity that violates these Terms; and
  • You agree to monitor your Facebook login to restrict use by minors and you will deny access to anyone under the age of 18.

You accept full responsibility for any unauthorised use of the Service by a minor, and you acknowledge that you are responsible for any use of your credit card or other payment instrument by a minor.

Any personal information you provide to us, which may include your name, date of birth and email address, will be held and used in accordance with the MYVEGAS Privacy Policy. You agree to provide us with accurate and complete information and to update this information promptly if it changes.

Your username, password or any other information you choose or are provided to create an account must be kept confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to allow anyone else to access the Service or any part of it using your username, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should take particular care when accessing your account from a public or shared mobile device so that others are not able to view or record your password or other personal information. MYVEGAS has the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any reason or no reason, including if, in our opinion, you have breached any provision of these Terms and Conditions.

Licence

In order to use the Service you must have a computer with a web browser or a mobile device compatible with the Applications. MYVEGAS does not guarantee that the Applications will be compatible with your mobile device. If you choose to use the Service, you do so subject to your acceptance of and compliance with these Terms and Conditions, the Privacy Notice, the MGM Rewards Rules and the MGM Privacy Policy (if applicable) and the applicable terms and conditions of the rewards programmes offered by our other Rewards Partners,

MYVEGAS hereby grants you a non-exclusive, non-transferable, revocable licence to install and use an object code copy of the Applications for a registered account on a mobile device owned or leased solely by you. MYVEGAS also grants you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited licence to access and use those parts of the Service that are not part of the Applications. You may use the Service solely for your own personal, non-commercial entertainment and for no other purpose. If the Service, or any part thereof, is determined to be illegal under the laws of the jurisdiction in which you are located, you are not licensed to use the Applications or any other part of the Service and must cease using them.

You may not

  • modify, disassemble, decompile or reverse engineer the Applications;
  • rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Applications to any third party or use the Applications to provide time sharing or similar services to any third party;
  • Make any copies of the Applications;
  • remove, bypass, disable, damage or otherwise interfere with any security features of the Applications, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce restrictions on use of the Applications; or
  • remove any copyright or other proprietary notices from the Applications.

You acknowledge that MYVEGAS may from time to time issue updated versions of the Applications and may automatically update electronically the version of the Applications that you are using on your mobile device, but that MYVEGAS is not obliged to do so. You consent to such automatic upgrades on your Mobile Device and agree that the terms and conditions of these Terms, as amended from time to time, shall apply to all such upgrades. The foregoing licence grant is not a sale of the Applications or any copy thereof and MYVEGAS and its third party licensors or suppliers retain all right, title and interest in and to the Applications (and any copy of the Applications). Your use of the Applications may be subject to standard carrier data charges.

Inactive Accounts

If you do not use your account by logging in and using the Service at least once every 30 days, your account will be considered inactive. You may reactivate your Account at any time by logging in and using the Service. If an Account is considered inactive, MYVEGAS may, at its sole discretion, cancel any Loyalty Points you have accumulated. If your Account is considered inactive, any Rewards purchased but not yet redeemed may also expire at the discretion of MYVEGAS.

The Website

The information presented on or through the website is provided for general information purposes only. MYVEGAS does not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. MYVEGAS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents. MYVEGAS is not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties on the Website.

User Content

The Service may include various forums, blogs and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). MYVEGAS cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you wish to keep confidential, do not post it on the Service. MYVEGAS IS NOT RESPONSIBLE FOR THE USE, MISUSE OR MISAPPROPRIATION BY ANY USER OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUM, BLOG OR CHAT ROOM, INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE OR MISAPPROPRIATION, OR ANY INFORMATION THAT A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USER. MYVEGAS may or may not regulate User Content and makes no representations or warranties as to the accuracy, quality or integrity of any User Content posted on the Service.

General Rules of Conduct and Use

You represent and warrant that you have the full right and authority to use the Service and to be bound by these Terms. You agree to fully comply with all applicable laws, regulations, statutes, ordinances and these Terms. You agree that you will not defraud or attempt to defraud MYVEGAS or other users, and that you will not act in bad faith in your use of the Service. If MYVEGAS determines that you are acting in bad faith in violation of these Terms and Conditions, or if MYVEGAS determines that your actions fall outside reasonable community standards, MYVEGAS may, at its sole discretion, adjust the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you will not

  • Download the Applications, create an Account or access or use any part of the Service if you are under 18 years of age;
  • Attempt to probe, scan or test the vulnerability of MYVEGAS’s systems or network or breach security or authentication measures;
  • circumvent, bypass, remove, disable, impair, decipher or otherwise interfere with any technological measures implemented by MYVEGAS or any of our Providers or any other third party (including another User) to protect the Service or any part thereof;
  • Attempt to use the Service on or through any platform or service not authorised by MYVEGAS; Post, upload, publish, submit, provide access to or transmit any User Content that: (a) infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral right or other intellectual property right of any third party, or any right of publicity or privacy; (b) violates or encourages conduct that would violate any applicable law or regulation or give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic or libellous; or (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that threaten another person; or (g) promotes illegal or harmful activities or substances;
  • Upload or transmit (or attempt to upload or transmit) any files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
  • Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or any other form of solicitation;
  • obtain or attempt to obtain passwords or other private information about other users of the Service, including, but not limited to, personally identifiable information or financial information;
  • Upload or transmit (or attempt to upload or transmit), without the express permission of MYVEGAS, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphic interchange formats, 1×1 pixels, cookies or other similar devices;
  • Develop, distribute, use or publicly inform other Members of any cheats, automation software, bots, hacks, mods or any other unauthorised third party software or applications;
  • exploit, distribute or publicly disclose to other users of the Service any application error or bug that gives users an unintended advantage;
  • Sub-license, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any virtual items associated with your account to anyone without the written consent of MYVEGAS;
  • Engage in any fraudulent activity related to payment methods or advertising tracking mechanisms;
  • Violate any applicable laws or regulations;
  • Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
  • Interfere or attempt to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Service; or
  • encourage or enable any other person or group to do any of the above.

Intellectual Property Ownership

The Service and all content thereon or therein are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, MYVEGAS and its licensors exclusively own all right, title and interest in and to the Service and all content thereon or therein, including all related intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices contained in or accompanying the Service. You agree that you will not

  • Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of any underlying software or other intellectual property used to provide the Service without the express prior written consent of MYVEGAS;
  • Use, display, mirror or frame the Service or any element within the Service;
  • Use the intellectual property of MYVEGAS or any of MYVEGAS’s licensors to adapt, modify or create derivative works based on such intellectual property;
  • Rent, lease, loan, trade, sell or resell access to the Service or any information contained therein, in whole or in part; or
  • Use or reproduce any trademark or logo of MYVEGAS’s licensor or third parties without the prior express written consent of the owner of such trademark or logo.

Links to third party sites

The Service may contain links to third party websites or resources that are not owned or controlled by MYVEGAS. You acknowledge and agree that MYVEGAS is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. MYVEGAS does not control, nor does it review, investigate, verify, validate or endorse the third party websites to which the Service may be linked. Such links therefore do not constitute an endorsement by MYVEGAS of such websites or resources or the content, products or services available on or through such websites or resources. You accept sole responsibility for and assume all risks arising from your use of such websites or resources.

Website and Service Updates; Maintenance

You acknowledge and agree that MYVEGAS may update the Service with or without notice to you. MYVEGAS may require you to accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. MYVEGAS may from time to time perform maintenance on its system. Some, or sometimes all, of the features of the Service will be unavailable during maintenance periods.

Disclaimer of warranties

THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, MYVEGAS, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “MYVEGAS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE MYVEGAS PARTIES DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. THE MYVEGAS PARTIES DO NOT WARRANT THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT MYVEGAS DOES NOT SCREEN OR INVESTIGATE THE BACKGROUND OF ANY USER OF THE SERVICE, NOR DOES MYVEGAS ATTEMPT TO VERIFY THE STATEMENTS OF ANY USER OF THE SERVICE. THE MYVEGAS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU CHOOSE TO MEET OFFLINE OR IN PERSON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND SO THE DISCLAIMERS IN THIS SECTION DO NOT APPLY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATIONS, IS WITH YOU. NEITHER THE MYVEGAS PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR SYSTEM DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY DAMAGES FOR PERSONAL INJURY, PHYSICAL INJURY, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR ANY OTHER PERSON WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MYVEGAS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYVEGAS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold harmless the MYVEGAS Parties from and against any and all claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any breach by you of these Terms, any of your User Content or any breach of the representations, warranties and covenants made by you herein. MYVEGAS reserves the right, at your own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with MYVEGAS’s defence of such claim. MYVEGAS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions of this indemnity clause shall survive any termination of your account (if applicable) or your access to or use of the Service.

Additional Terms for Mobile Applications

The following additional terms and conditions apply to any of the applications made available to you by MYVEGAS that are designed for use on an Apple iOS powered mobile device (an “iOS App”):

  • You acknowledge that these terms and conditions are only between you and MYVEGAS and not with Apple.
  • Your use of the iOS App must comply with the terms of use set forth in Apple’s then-current App Store Terms of Service.
  • MYVEGAS and not Apple is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the fullest extent permitted by applicable law, Apple shall have no warranty obligations in respect of our iOS App and shall not be liable for any claims, losses, liabilities, damages, costs or expenses arising out of any failure of the iOS App to conform to any warranty.
  • You agree that MYVEGAS, and not Apple, will be responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including but not limited to: (a) product liability claims; (b) claims that the iOS App fails to comply with any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and the law applicable to us as the provider of the iOS App.
  • You agree that, to the extent required by these Terms, MYVEGAS, and not Apple, shall be responsible for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim relating to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (a) you are not located in a country embargoed by the U.S. government or designated by the U.S. government as a “state sponsor of terrorism”; and (b) you are not on any U.S. government list of prohibited or restricted parties.
  • You agree to comply with all applicable third party terms and conditions when using our iOS App (for example, you may not violate the terms and conditions of your wireless data service when using the iOS App).
  • You agree that Apple and its subsidiaries are third party beneficiaries of these Terms with respect to your licence to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted) to enforce these Terms against you as a third party beneficiary with respect to your licence to use the iOS App.

The following additional terms and conditions apply to any application that MYVEGAS provides to you that is designed for use on an Android powered mobile device (an “Android App”):

  • You acknowledge that these terms and conditions are only between you and MYVEGAS and not with Google.
  • Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
  • MYVEGAS, and not Google, is solely responsible for the Android App, the services and content available thereon, and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.

Entire agreement

These Terms constitute the entire and exclusive understanding and agreement between MYVEGAS and you with respect to the Service, and these Terms supersede and replace all prior oral or written understandings or agreements between MYVEGAS and you with respect to the Service.

Assignment

You may not assign or transfer these Terms and Conditions, either by operation of law or otherwise, without MYVEGAS’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be invalid. MYVEGAS may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and benefit the parties, their successors, and permitted assigns.

Waiver; Severability

The failure of MYVEGAS to enforce any right or provision of these Terms does not waive future enforcement of that right or provision. No waiver of such right or provision will be effective unless it is in writing and signed by a duly authorized representative of MYVEGAS. Except as expressly stated in these Terms, the exercise of either party’s remedies under these Terms will not prejudice its other remedies under these Terms or otherwise. If a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the fullest extent permitted, and the remaining provisions of these Terms will remain in full force and effect.

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