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TERMS & CONDITIONS

CosmopolitanLasVegas.com Website Terms of Use
(Last Updated on January 13, 2012)

THESE COSMOPOLITANLASVEGAS.COM WEBSITE TERMS OF USE (THE “TERMS OF USE”) SET FORTH THE TERMS AND CONDITIONS OF YOUR RIGHT TO ACCESS AND USE THE COSMOPOLITANLASVEGAS.COM WEBSITE AND ALL CONTENT DISPLAYED THEREIN (THE “WEBSITE”), INCLUDING THE CONTENT AND SERVICES PROVIDED BY THE COSMOPOLITAN OF LAS VEGAS (“THE COSMOPOLITAN” OR “WE”) VIA THE WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE, AND PLEASE ALSO READ OUR PRIVACY POLICY CAREFULLY TO UNDERSTAND WHAT WE DO WITH THE PERSONAL INFORMATION THAT WE COLLECT AS PART OF YOUR INTERACTION WITH THE WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES AN AGREEMENT TO THESE TERMS OF USE. PLEASE NOTE THAT THESE TERMS OF USE MAY CHANGE FROM TIME TO TIME. PLEASE CHECK THE TERMS OF USE EACH TIME YOU VISIT THIS WEBSITE FOR THE MOST CURRENT VERSION.

IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE, IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE AND DO NOT RETURN. IN ADDITION, IF YOU ARE A PERSON YOUNGER THAN 21 YEARS OF AGE, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE AND DO NOT RETURN TO THIS WEBSITE UNTIL YOU ARE 21 YEARS OF AGE. Any breach of these Terms of Use immediately terminates your right to access and use this Website and all rights and licenses granted to you by these Terms of Use.

These Terms of Use concern only this Website, and do not concern any other website, including websites to which this Website may link that may be owned or operated by third parties. When you access such hyperlinks on this Website you may leave the Website. Except as otherwise indicated, The Cosmopolitan does not sponsor, endorse or approve the contents of any such sites and accepts no responsibility for information provided on any such sites by independent providers. In this connection, please note that (i) when you click on the “Join Our Team” link appearing on the homepage of this Website, you will be redirected to https://www.hrapply.com, a website operated by First American Corporation; and (ii) when you make a reservation at one of our restaurants, you will be asked to enter certain basic requirements of your restaurant reservation (e.g., time, date, party size) and then you will be redirected to http://www.opentable.com, a website operated by OpenTable, Inc.

These Terms of Use incorporate by reference, and are incorporated by reference by, the terms, conditions, and notices set forth on The Cosmopolitan’s “Room Reservation Terms & Conditions,” and the terms, conditions, and notices set forth on The Cosmopolitan’s “Identity Membership Program Terms and Conditions,” which terms, conditions, and notices may be found at the following link: http://www.cosmopolitanlasvegas.com/legal.aspx.

In the future, we may change these Terms of Use; we will post changes on this URL and note the effective date so that you are always aware of the current Terms of Use that apply to your visit to this Website. These Terms of Use were last updated on August 29, 2011.

To the extent you have any questions about, or complaints concerning, these Terms of Use, please contact us at TermsofUse@CosmopolitanLasVegas.com.

A. Content

The content provided on this Website by The Cosmopolitan and its licensors or suppliers (collectively, the “Content”) is and remains at all times the property of The Cosmopolitan or such licensors or suppliers, with all rights other than those provided herein reserved. You acknowledge that The Cosmopolitan and, where applicable, its third party suppliers, retain all right, title and interest in and to the Website. Use of the Website does not confer any ownership rights in or to the Website. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without The Cosmopolitan’s prior written permission in each instance.

Provided that you are eligible to access and use the Website, you are granted a limited license to access and use the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Content on any Internet, Intranet or Extranet website or incorporate the information contained within the Content in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Any use of the Content other than as specifically authorized herein, without the prior written permission of The Cosmopolitan, is strictly prohibited and shall immediately terminate your right to access and use this Website and all rights and licenses granted to you by these Terms of Use. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

The information contained in the Website may contain technical inaccuracies or typographical errors or omissions. Advertised prices and available quantities, as well as any member benefits associated with the Identity Membership Program, are subject to change without notice. The Cosmopolitan reserves the right to make changes, corrections and/or improvements to the Website, and to the products and programs described in this Website, at any time without notice. The Cosmopolitan does not endorse or guaranty the content contained in any third party website. No guaranty or warranty is made by The Cosmopolitan as to the accuracy or reliability of information contained in the Website or as to the reasonableness of the assumptions or the accuracy of information, and you may not rely upon such information. The Cosmopolitan is not responsible for errors or omissions that may occur in respect of any information contained in the Website, and The Cosmopolitan is not required to update any such information. Accordingly, The Cosmopolitan gives no representation or warranty of reliability, completeness or accuracy of such information or endorsement of any information displayed or distributed through the Website. You acknowledge that any reliance upon any such information is at your sole risk, and that the Website is for informational purposes only.

B. Submissions

Please note that we do not accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. Thus, you should not send us any unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information. If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information, all such submissions shall be and are hereby deemed non-confidential, and The Cosmopolitan shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, The Cosmopolitan shall be entitled to unrestricted use of any creative suggestions, ideas, notes, drawings, concepts, or other information for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Web Site, by e-mail or in any other way. Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to online chats, forums, reviews and ratings and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy. Prior to submitting any Submitted Materials, you must register with this Web Site and provide your User Information. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (iii) you grant us and our affiliates, and our respective licensors, licensees, distributors, vendors, partners, agents, representatives, and other authorized users (collectively, "Representatives") a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time. To the extent that any Submitted Materials submitted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submitted Materials are available for licensing to us and our affiliates (and our Representatives) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us and our affiliates (and our Representatives) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submitted Materials. To the extent that we solicit Submitted Materials through features or activities on the Web Site (including, without limitation, games, sweepstakes, contests, promotions and public forums) that require the use of our and/or our licensor’s copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us or our licensor, as applicable. If such rights are not assigned to us and/or our licensor, as applicable, your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submitted Materials are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

If you submit a photograph, graphic image or video, you also agree to, represent and warrant the following: (i) you have the rights necessary to authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (ii) you authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (iii) you have obtained the necessary permissions, if any, for us and our affiliates (and our Representatives) to use such photograph or video in accordance with the Terms and Conditions; and (iv) such photograph or video has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it.

The Cosmopolitan may, from time to time, make messaging services, chat services, bulletin boards, message boards, photo galleries, videos, blogs, user review and ratings forums, other forums and other such services and features available on or through the Web Site to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms and Conditions, you represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which are, do, or could reasonably be construed to be or do any of the following:

• restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services;
• are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threaten or invite violence, or that are derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
• constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
• violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights f privacy or publicity or any other proprietary right;
• contain a virus, spyware, or other harmful component;
• contain embedded links, advertising, chain letters or pyramid schemes of any kind;
• constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
• contain sensitive, proprietary or confidential information about yourself or others.

Except as may be expressly permitted in connection with one of the Web Site’s services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. The Cosmopolitan will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk.

C. Site Registration Process / Responsibility for Your Username and Password

To access certain features of our Web Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Web Site, such as discussion forums, blogs, photo- and video-sharing pages or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and e-mail address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Privacy Notice

To use certain features of our Web Site, you will need a username and password, which you will receive through the Web Site's registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Web Site or any features of the Web Site, to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

D. Community Rules

This Web Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow feedback to us and allow users to interact with each other on the Web Site and post content and materials for display on the Web Site. This Web Site also may include other features, such as personalized home pages and e-mail services that allow users to communicate with third parties. By accessing and using any such features, you represent and agree that you will not:
• Restrict or inhibit any other user from using and enjoying the Web Site;
• Use the Web Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt any servers or networks used to provide the Web Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web Site;
• Use the Web Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
• Gain unauthorized access to the Web Site, or any account, computer system, or network connected to this Web Site, by means such as hacking, password mining or other illicit means;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web Site;
• Use the Web Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• Use the Web Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
• Use the Web Site to post or transmit any information, software or other material that contains a virus or other harmful component;
• Use the Web Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
• Use the Web Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
• Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Web Site;
• Contact anyone who has asked not to be contacted;
• Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
• Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Web Site (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use the Web Site and/or services; or
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Web Site. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service. We reserve the right to deny access to the Web Site or any features of the Web Site to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

E. Right to Monitor and Editorial Control

The Cosmopolitan reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to the Web Site or through the Web Site’s services or features by users, and is not responsible for any such materials posted by users. The Cosmopolitan is not responsible for any failure to monitor, review and/or delete any materials posted to the Web Site or through the Web Site’s services or features by users. However, The Cosmopolitan reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in The Cosmopolitan’s discretion, are objectionable or in violation of these Terms and Conditions, The Cosmopolitan’s policies or applicable law or for any reason whatsoever. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms and Conditions or in violation of applicable law, or for any other reason without notice or liability.

F. Linking to the Web Site

You agree that if you include a link from any other web site to the Web Site, such link shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.

G. Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Web Site in a manner that constitutes copyright infringement, please inform us by sending written notice by U.S. Mail to The Cosmopolitan of Las Vegas, 3708 Las Vegas Boulevard South, Las Vegas, NV 89109 Attn: Legal Department, or by e-mail to TermsofUse@CosmopolitanLasVegas.com.. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Web Site.

H. Disclaimers

All or a portion of this Website may be temporarily unavailable from time to time for maintenance or other reasons. The Cosmopolitan assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications or Content. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof. The Cosmopolitan is also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website. Under no circumstances will The Cosmopolitan be responsible for any loss or damage or personal injury or death, resulting from anyone’s use of the Website.

THE INFORMATION ON THE WEBSITE IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE. THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COSMOPOLITAN AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

THE COSMOPOLITAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE COSMOPOLITAN MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

I. Limitation of Liability

USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO CONTENT, FILES, INFORMATION, OR OTHER MATERIALS ON OR THROUGH THE WEBSITE.

NEITHER THE COSMOPOLITAN NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION OR CONTENT EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, OR (3) INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, IN EACH CASE NOTWITHSTANDING ANY NEGLIGENCE, DEFAULT OR LACK OF CARE BY THE COSMOPOLITAN OR ITS SUPPLIERS, OR THAT SUCH LOSS OR DAMAGE WAS FORESEEABLE.

NEITHER THE COSMOPOLITAN NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THIS WEBSITE IS TO STOP USING THIS WEBSITE, THE CONTENT, LINKED WEBSITE, OR SERVICES, AS APPLICABLE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

J. Indemnification

You agree to indemnify and hold The Cosmopolitan, its affiliates, its licensors, its suppliers, and each of their directors, officers, agents, contractors, partners, employees, licensors, and suppliers harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website, or any violation of these Terms of Use or of any law or the rights of any third party.

K. Governing Law; Consent to Jurisdiction

These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of Nevada applicable to contracts made and to be performed entirely within such State without regard to Nevada’s conflicts of laws principles. Any and all litigation concerning any dispute arising under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in Clark County, Nevada and you consent to the jurisdiction of the State of Nevada for purposes of litigation concerning these Terms of Use.

L. Termination

Either The Cosmopolitan or you may terminate your access to the Website for any reason and at any time with or without prior notice. Upon termination, any rights and licenses granted to you hereunder shall immediately terminate and you agree to no longer access, or attempt to access, the Website. Any access and use of the Website by you following termination shall be deemed to be subject to these Terms of Use. Termination will be without prejudice to any rights accrued or obligations incurred by either party to the other.

M. Miscellaneous

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and CosmopolitanLasVegas.com website Privacy Policy represent the entire agreement between us relating to your right to access and use this Website, and supersede any and all prior or written or oral agreements between us with respect to such subject matter.

No waiver by The Cosmopolitan of any breach or default by you under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default.

No provision of these Terms of Use provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.

To the extent you have any questions about, or complaints concerning, these Terms, please contact us at TermsofUse@CosmopolitanLasVegas.com.


IDENTITY TERMS & CONDITIONS (Last updated September 19, 2014)

A. General

1. Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas and its affiliates (collectively, the “Company”) offers and operates a frequent guest and gaming program called “Identity”. These Terms and Conditions (the “Program Rules”) govern Identity and the Company’s relationships with members of Identity (“Members,” individually, a “Member” or “You”). Membership in Identity is subject to the Program Rules set forth below and supersedes all previous Program Rules. By opening an Identity account (“Account”), or by using your Identity card (“Identity Card”) or the Identity Account number that You have been assigned (“Identity Number”) to earn or redeem Identity rewards points (“Points”), You agree that:

  • (a)You have read, understood and accepted these Program Rules; and
  • (b)You consent to the Company's processing of data that is personal to You, and disclosure of such data to third parties, in accordance with the Company’s privacy statement which can be found at www.cosmopolitanlasvegas.com.

2. Participation in Identity is subject to the Program Rules, rules, regulations, policies and procedures that the Company may, in its discretion, adopt from time to time. The Company may amend the Program Rules at any time without notice. The Company has the sole discretion to interpret and apply the Program Rules.

3. As described in more detail below, Members may earn Points, the currency of Identity for each eligible stay, purchase or gaming play at The Cosmopolitan of Las Vegas located at 3708 Las Vegas Boulevard South, Las Vegas, NV 89109 (the “Property”). The accumulation of Points is subject to the Program Rules. Each Identity Member is responsible for reading the Program Rules, newsletters, and account statements in order to understand his or her rights, responsibilities, and status in Identity, as well as the structure for earning rewards (“Rewards”, individually, a “Reward”).

4. The awarding and redemption of Points are void where prohibited by law.

5. The Company has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by the Company in its sole discretion.

B. Qualify

1. Only individuals are eligible for Identity membership, and each individual may maintain only one Membership Account. Corporations, groups and/or associated entities cannot enroll as Identity Members. If more than one Identity membership Number is assigned to an individual, he/she will only receive Points for one Membership Account. Duplicate Membership Accounts will be cancelled.

2. Identity membership is available to anyone 21 years of age or older with valid photo identification. Types of valid photo identification include Drivers License, Passport, State Identification Card, and Military Identification.

3. The following are ineligible to participate in Identity: (a) employees of the Company (“CoStars”); (b) employees of any of the retail or restaurant outlets at The Cosmopolitan of Las Vegas where Identity Points may be earned or redeemed; and (c) persons excluded from gaming at The Cosmopolitan, either by voluntary request or in the discretion of the management of The Cosmopolitan, or excluded from gaming in Nevada, by any agent of the Nevada State Gaming Control Board or by any order of the Nevada Gaming Commission.

C. Earn

1. Members may earn Points for each eligible stay, purchase or gaming play.

2. It is the Identity member's responsibility to properly insert their membership card into a slot machine or present it to a pit supervisor prior to engaging in table games play to earn Identity Points for rated play. Points may not be earned: (a) for play on video craps machines; and (b) for blackjack play in high limit. Depending upon the denomination of play and the Identity Point earning ratio, additional play may be required for earned Identity Points to be credited to the Member's Identity account.

There are minimum betting requirements to be rated for table games. See a supervisor in the pit for assistance. The Company uses reasonable efforts to track a Member’s average bet and length of play; however, as a condition of earning Points for table games play, Members agree that such Points are earned based on the personal observation of CoStars, which is subject to error. The determination of The Cosmopolitan shall be final with respect to any discrepancies.

3. It is the Identity member’s responsibility to present their membership card to cashier, server or front desk representative when settling charges to earn Identity Points for food, beverage and hotel charges.

4. Members may earn points presenting their Identity membership card to the cashier when settling charges for transactions at certain retail or restaurant outlets at The Cosmopolitan of Las Vegas where Identity Points may be earned or by visiting the Identity membership desk with the receipt from their purchases at certain outlets.    

5. Identity Points will not be earned on: a) gratuities, b) comps, c) taxes, d) governmental fees, e) wagers placed with The Cosmopolitan of Las Vegas Race and Sportsbook by Cantor, f) pari-mutuel wagering, g) mobile gaming play or h) in the case of condominium owners at The Cosmopolitan of Las Vegas, on stays in the unit you own.

6. Any disputes regarding the accumulation of points maintained in an Identity membership account will be reviewed by management. Decisions made will be final and binding.

7. It is against Identity membership policy for a member to accrue Identity Points (a) by distributing his or her card to other individuals; or (b) by utilizing his or her card for transactions to which the individual is not a party.

8. Accrued Points do not constitute property of the Member and have no cash value.

9. As part of the Autograph Collection, The Cosmopolitan of Las Vegas participates in the Marriott Rewards program. Marriott Rewards Points may be earned on room charges incurred during stay(s) at The Cosmopolitan of Las Vegas. Marriott Rewards Points are not earned on retail, restaurant, spa, gaming, nightclub, pool or food and beverage charges (with the exception of room service). The Marriott Rewards program and the Identity program are two separate programs, and accounts may not be linked or merged. Subject to applicable conditions and point redemption schedule(s), Marriott Rewards Points may be exchanged for Identity Points, and Identity Points may be exchanged for Marriott Rewards Points. Guests who hold dual membership in both Marriott Rewards and Identity can choose to apply their room charges and in-room consumable earnings to either program, but cannot apply earnings to both.

10. Identity membership levels are achieved through earning points during a rolling 365 day period. All Members start at Silver Level Membership. If a Member earns 5,000 points in a 365 day period, they achieve Sterling Level Membership. If a Member earns 20,000 points in a 365 day period, they achieve Gold Level Membership. If a Member earns 80,000 points in a 365 day period, they achieve Platinum Level Membership. After achieving a membership level, the Member will retain that membership level for 365 days as long as the Member is in good standing. Marriott Rewards Points that are exchanged for Identity Points are not counted for purposes of determining Identity membership levels.

11. Points needed to achieve membership levels may change without notice at the discretion of the Company. Identity Points may be redeemed as outlined in these Program Rules without impacting a Member’s ability to achieve membership levels.

12. A select group of guests will not earn points, but will instead receive complimentary benefits commensurate with their casino play, and resort spend will still be available through a membership host.

D. Redeem

1. At most locations, Members may redeem Points or complimentary services by presenting their Identity membership card and valid photo identification to the cashier or server. It is the Member’s responsibility to present his or her Identity membership card to the cashier when settling charges to redeem Identity Points for transactions at Vitals, Monogram and Eat/Drink. To redeem points or complimentary services at All Saints Spitalfields, CRSVR Sneaker Boutique, Skins 6|2, DNA2050, Molly Brown’s Swimwear, Jason of Beverly Hills, Stitched, Retrospecs & Co. and Beckley, Identity Members should visit the Identity membership desk.

2.Identity Points will expire and not be eligible for redemption after 12 months of account inactivity.  When a Member redeems Identity Points, Points earned through gaming activity will be debited from a Member’s account first, regardless of the date upon which the Points were earned or credited to the Member’s account.  Identity Points earned through non-gaming activity will only be debited from a Member’s account once all Points earned through gaming activity have been redeemed.

3. Members are required to present valid photo identification bearing the same name as reflected on their Identity membership card when redeeming Member benefits, including complimentary services and Point redemption.

4. Return of merchandise where Identity Points have been earned will result in forfeiture of those Identity Points.

5. Complimentary services are extended to Identity Members at the discretion of management.

6. Any misuse of the Identity membership card to redeem Identity Points, comps, or other Member benefits will result in forfeiture of all Identity membership benefits.

7. Redemption of complimentary items such as a free night stay and/or food and beverage are based on Point accumulation and redemption.

8. The number of Points required for redemption of any promotion or complimentary offer is subject to change without notice at the discretion of the Company.

9. Identity Members may receive promotions and offers as part of Identity membership at the sole discretion of the Company. The promotions and offers may not be combined, redeemed or used simultaneously unless otherwise stated by the Company, and such offers and promotions are not transferable.

10. As part of the Autograph Collection, The Cosmopolitan of Las Vegas participates in the Marriott Rewards program. All redemption of Marriott Rewards points for stays at The Cosmopolitan of Las Vegas must be done through Marriott Rewards directly at www.marriott.com. The Marriott Rewards program and the Identity program are two separate programs, and accounts may not be linked or merged. As specified herein, and subject to applicable conditions, Marriott Rewards Points may be transferred to Identity, at which time they will be converted into Identity Points, and Identity Points may be transferred to the Marriott Rewards program, at which time they will be converted into Marriott Rewards Points.

E. Account Administration

1. By signing up for Identity, an Identity membership account will be opened, and an Identity membership number will be assigned to each applicant. Upon receiving this number, an individual becomes a Member eligible to earn Identity Points.

2. Identity membership accounts, membership benefits, or Points are for the benefit of the Identity member only and are non-transferable.

3. Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions ("Access Codes") of cosmopolitanlasvegas.com (the "Web Site"). The content contained in such restricted areas is confidential to the Company and is provided to the Member for his or her personal use only. The Company reserves the right to prohibit the use of such Access Codes by the Member or on his or her behalf by third parties where the Company determines that such use interferes with the Web Site’s operation or results in commercial benefits for other entities to the Company's detriment.

4. Up to two (2) eligible Identity members residing at the same address may link accounts to share Identity points. Linked accounts will not share tier status or tier benefits. Both members must be present with valid photo identification to link accounts. Either member may request that a link be removed from their account in person at an Identity membership desk with valid photo identification.

5. Replacement Identity membership cards will be issued with proper identification. The Company is not responsible for lost or stolen cards.

6. Members are responsible for selecting a confidential Personal Identification Number (PIN) for their account and for keeping it secure. Members are responsible for all transactions on their account authorized with their confidential PIN. Members will be required to enter their PIN when redeeming Identity Play on slot machines, when converting their Points earned on gaming play into Identity Play through the Point Play feature, or when accessing any virtual promotional drawings that may be available to them.

7. Members are required to present valid photo identification bearing the same name as on their Identity membership card when requesting that their confidential PIN be reset or changed.

8. Identity Points and Rewards earned through participating in Identity may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Identity Points or Rewards is the sole responsibility of the Member.

9. When travelling on business, it is the Member's responsibility to comply with his or her company policy concerning travel programs.

10. Membership name and address changes must be made by contacting:
The Cosmopolitan of Las Vegas
3708 Las Vegas Boulevard South
Las Vegas, NV 89109
Attention: Identity Membership

Name changes must include supporting legal documentation, signature, date and the Member's Identity account number.

11. At the Company’s option, an Identity Member will receive an activity statement and/or an Identity newsletter only if the Member has earned Points during the previous statement period. The Member shall be responsible for advising Identity of any change of address, and neither the Company nor Identity shall have any responsibility for misdirected or lost mail or any consequences thereof. Point balances can be accessed through slot machines, membership kiosks, the Web Site, and/or at the Identity membership desk.

12. Identity Points earned on hotel, food, beverage, nightclub, pool, retail, and spa will be credited to the Member’s account 24 hours after charges have been settled and cannot be redeemed until they have been credited to the Member’s account. The Member shall be responsible for ensuring that his or her Points are properly credited. If proper credit does not appear on the Member's activity statement, the Member should mail a description of the transaction details to the Identity membership address listed above. The Member’s correspondence should include the Member’s name, Identity number, address, email, and phone number, along with a copy of the paid receipt. Members should allow approximately six to eight weeks for Points to be credited to the individual membership accounts. Requests to add or modify Points earned must be received within ninety (90) days of the time they were earned.

13. The information the Member provides to the Company when completing an Identity membership application and redeeming Points is processed in the Company’s computer systems. Communication of relevant information is important to administering Identity and to providing the Member with the opportunity to maximize the benefits of membership. The Company will only disclose Member information to: fulfillment houses, email service providers and mail houses that process mail for the Company; and marketing companies that provide services to the Company, in each case for the following purposes: 1) in order to better service the membership account and preferences by keeping the Member informed of account status and activities through printed or electronic statements; 2) to assess entitlement to benefits; 3) to collect and process Member charges incurred in Company’s facilities; 4) to offer the Member additional products and services; 5) to send periodic satisfaction or market research surveys; and/or 6) to offer the Member products or services from select reputable companies with whom the Company has a strategic relationship because the Company believes their offerings will be of interest to the Member. In choosing to become an Identity Member, the Member consents to receive all of the kinds of information described above. However, Members will be given the opportunity to define and modify mailing preferences.

F. Modification and Termination

1. The Rewards structure is subject to modification, cancellation, or limitation at the Company's discretion, with or without notice. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or reward redemption (“Reward Redemption”) may be imposed at any time.

2. The Company has the right to change, limit, modify or cancel Program Rules, Rewards and reward levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Rewards. The Company may, among other things: a) increase or decrease the number of Points received for a stay or required for a Reward; b) withdraw, limit, modify or cancel any Reward; c) add blackout dates, limit rooms available for any Reward or otherwise restrict the continued availability of Rewards; or d) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Rewards. In accumulating Points, Members may not rely upon the continued availability of any Reward or Reward level, category or tier.The redemption of certain Rewards and complimentary item(s) and/or service(s), whether or not resulting in a deduction of Points from a Member’s Account, is subject to availability, blackout dates, expiration dates, interruptions, advance reservation(s) noting the use of the Reward(s), limitations and other restrictions, as determined in the Company’s sole and absolute discretion, from time to time, and without notice.  By participating in Identity, each Member releases, discharges and holds harmless the Company from any claims, losses and damages arising out of participation in Identity and/or the redemption, attempted redemption, fulfillment and/or attempted fulfillment of any Reward, complimentary item(s) and/or service(s). .

3. Membership in Identity may be revoked or cancelled at any time at management's discretion and without notice.

4. The Cosmopolitan of Las Vegas may suspend membership benefits of Members who have been issued credit and are in default in repayment of that credit, who have had check(s) cashed and returned for non-payment, or are in any other way delinquent with respect to payments or indebtedness owed to The Cosmopolitan of Las Vegas. When the suspended Member becomes current on all payments owed, The Cosmopolitan management may reinstate the Member’s membership benefits and Identity Points. The decision whether or not to reinstate membership benefits and/or Identity Points is at the sole discretion of The Cosmopolitan of Las Vegas.

5. In the case of fraud or abuse involving the Identity program, Point credit, or Reward use, the Company has the right to take appropriate administrative and/or legal action, including but not limited to revocation/cancellation of any Reward and/or termination of Identity membership, and all Points earned through Identity may be forfeited and any relevant membership account(s) closed.

6. A membership account may be closed at the Company's discretion if no Points are accrued or redeemed during a 12-month period. All Points in the membership account will be forfeited at that time.

7. Individuals who are excluded from The Cosmopolitan of Las Vegas, whether through a government program, upon their own request, or through any other means, are not eligible to participate in the Identity program.