Use of the Official Websites of the Palms Hotel and Casino – palms.com, palmsgirl.com, studioatthepalms.com, palmsplace.com, and others (collectively, the “Website”) – is subject to the terms set forth below. Please read them carefully:
1. Website Ownership
The Website is owned by FP Holdings. LP. dba Palms Casino Resort (“the Palms”). All content contained in the Website (the “Materials”) is either owned by or licensed to the Palms. The Palms and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer or printing any of the Materials for your personal, non-commercial home use or, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of the Palms. Materials must not be used in any unauthorized manner.
2. Message Features
The Website may offer opportunities for you to transmit messages in connection with various features, including online postcards (“Message Features”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
By transmitting any Message, you are granting the Palms a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message, in whole or in part, in any form, media or technology known or hereafter developed.
The Palms and its vendors act as a passive conduit in connection with your use of Message Features. The Palms and its vendors have the right, but not the obligation, to review, edit or delete any Message transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message in any Message Feature does not constitute its approval or endorsement by the Palms or its vendors.
You acknowledge that Messages are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and the Palms and its vendors other than as expressly set forth in this Agreement.
3. Website Access/Service
The Palms may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. The Palms may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Club Palms Account
Through the Website you are invited to sign up for a Club Palms Account (“Account”), which is a link to cash back, complimentary meals and other exciting special offers. In order to sign up for an Account, you will be asked to provide certain personal information. Accounts are only available to individuals over the age of 21. By applying for an Account you represent and warrant that you are over the age of 21. You also represent that the information you provide in signing up for an Account is accurate and that you have been authorized to provide us with any third-party information you provide to us.
5. Sale of Merchandise Through On-line Store
Sales from the Website Store (“Store”) are subject to the following terms and conditions :
The Website may allows you to order products (“Merchandise”) supplied by the Palms or by independent merchandise vendors (the “Vendors” ).
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE PALMS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY VENDOR OTHER THAN THE PALMS, THE MERCHANDISE OFFERED BY VENDORS OTHER THAN THE PALMS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE MERCHANDISE.
This Website may contain typographical errors or inaccuracies and may not be complete or current. The Palms therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
6. Reservation And Cancellation Policy
To book a room through the Website, you will be required to enter a valid credit card number to guarantee your reservation, as well as provide personal information including your name, address, and other contact information. Your credit card number will be verified using a checking sequence, we may authorize payment(s) at that time. Select packages may require full prepayment. The reservations page on the Website is secure, and for security purposes, you must be using a browser that supports the SSL standard. If you are not using an SSL browser, you can still access rate and availability information, and process your reservation by calling our reservation center toll free at 1-866-725-6773.
The Palms takes reasonable steps to ensure that the reservations page on the Website is secure. For more information about our secure certificates, please click on the “Verisign” seal located on the reservations page.
Cancellations are pursuant to the our cancellation terms which will be provided at the time of reservation. Failure to make any cancellations pursuant to this provision will result in loss of deposit.
7. Contests and Sweepstakes
The Website may offer you opportunities to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other web sites maintained by third parties, do not constitute an endorsement by the Palms or any of its affiliates of any third party web site or content. The Palms is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its web site administrator or webmaster.
9. Disclaimer of Warranties; Limitations on Liability
USE OF THE WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE PALMS DOES NOT WARRANT THAT: (1) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (3) THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE WILL BE ACCURATE OR RELIABLE.
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY THE PALMS OR ANY ACT OR FAILURE TO ACT BY THE PALMS OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE YOU TRANSMIT VIA THE WEBSITE.
IN NO EVENT SHALL THE PALMS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE WEBSITE, INCLUDING APPLYING FOR A PALMS CLUB ACCOUNT, PURCHASING MERCHANDISE, OR MAKING RESERVATIONS.
IN NO EVENT SHALL THE PALMS, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH THE PALMS OR WITH THE MALOOFS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, USE OF A CLUB PALMS ACCOUNT, AND MERCHANDISE OR SERVICES PURCHASED THROUGH THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PALMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE PALMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE PALMS OR ANY OTHER ENTITY AFFILIATED WITH THE PALMS OR THE MALOOFS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
10. Intellectual Property Rights; Limited License
You acknowledge that all right, title and interest in and to all content on the Website, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Website, is the sole and exclusive property of the Palms, and is protected by U.S. and international copyright laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of the Palms without the prior written consent of the Palms. You may not use any metatags or any other “hidden text” utilizing our name, trademarks, service marks, or trade names without the prior written consent of the Palms. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of the Palms. Any unauthorized use terminates any license or permission granted by the Palms. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Website.
All Palms trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Website are the sole and exclusive property of the Palms. You may not copy or use any of the Palms’ marks or any marks confusingly similar to the Palms’ marks without the prior written consent of the Palms, nor may you use the Palms’ marks in any manner that discredits or disparages the Palms. All other trademarks not owned by the Palms that appear on the Website are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by the Palms.
Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of the Message Features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, shall become the property of the Palms, and may be used by us for any purpose without restriction or obligation. You represent and warrant that any content you submit to us (1) is accurate, (2) does not violate any law or infringe any third party’s intellectual property rights, and (3) contains no matter that is obscene, harassing, vulgar, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity of a third party.
The Website may provide you with the ability to use passwords, usernames, or other codes or devices to gain access to restricted portions of the Website (“Access Codes”). The content contained in such restricted areas is confidential to the Palms and is provided to you for your personal use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties if we determine, in our sole and absolute discretion, that such use interferes with our Website’s operation or results in commercial benefits for other entities to our detriment.
The Palms treats enforcement of its intellectual property rights seriously.
11. Policy For Making Claims Of Copyright Infringement
If you believe that any content has been posted on the Website in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work(s) claimed to have been infringed;
A description of the material on the Website that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The Palms designated Copyright Agent for notice of claims of copyright infringement is:
12 . Indemnification
You hereby agree to indemnify and hold the Palms and any entity affiliated with the Palms, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the “Palms Entities”) harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Website, or (B) any alleged breach of this Agreement by you.
14. Choice of Law; Jurisdiction; Attorneys’ Fees
This Agreement will be governed by the laws of the State of Nevada applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Clark County , Nevada will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. The Palms will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Palms in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. The Palms may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.