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