Terms & Conditions - Vegaster Las Vegas Travel App


Read the terms and conditions of the Vegaster website carefully before registering with us and/or using our services.  If you do not agree to all of the terms and agreements laid out in this policy do not access the Vegaster website, application or any service that we provide.

Vegaster Terms and Conditions:

By using the Vegaster website and application products you are deemed to have read and agreed to abiding by the following terms and conditions:

The terms and conditions (“terms”) set forth in this policy apply to your access and use of the iOS application, the Android application, the mobile web application, and the website located at http//www.vegaster.com (collectively, “application”) provided by VEGASTER (“Vegaster”, “we”, “our”, and “us”).  This includes, but is not limited to any feature, content, tools, and services accessible by means of the application as well as the purchase of accommodation services through our service (“service” or “services”). These terms are in addition to any other terms and conditions you may have already agreed to through the use of the Vegaster application or services and your acceptance of this policy in no way nullifies your acceptance of them.  In the case that your are accessing our services on behalf of an entity, you represent and warrant that you are an authorized representative of said entity and have their explicit permission for you to accept these terms on their behalf. In addition said entity agrees to accept responsibility if you are found to be in violation of these terms.

We maintain our right to change any or all of the provisions outlined in this policy at will.  The date of any changes or additions will be noted on the policy and shall serve as notice to you that such changes were implemented.  You are advised by us to review this policy periodically for any such updates. Your use of our services will be governed by the version of the terms in place at the time of your use.  We are under no obligation to notify you of changes made to the terms and maintain that it is solely your responsibility to view these terms periodically and familiarize yourself with any changes.  Vegaster will assume that you are in acceptance of any changes made by your continued use of our services and application.  
Any questions or concerns regarding the Vegaster terms and conditions should be made in writing and sent to us via e-mail to admin@vegaster.com

Mobile Device Terms and Conditions
You acknowledge and agree that your use of our services must also be in accordance with the terms and conditions set forth by your mobile device platform and/or service provider.  Vegaster is in no way responsible for your violation of any terms they have set forth in regard to your use of their services and/or products.

Registering as a User With Vegaster
Registration with Vegaster may be required in order to access certain areas and features of our services and applications.  When you do register you are required to (i) ensure that all information provided by you is accurate, current and complete as prompted by any sign up, login and/or registration forms that are made available via the Service (“registration data”); (ii) update and maintain your registration data, and any other information provided by you to Vegaster, so that it is accurate, current and complete any time you access our services; and (iii) assume all risk of any unauthorized access to the registration data and any other information by you to Vegaster.

Vegaster is not under any obligation to retain or store a record of your account nor any data or information that you may have stored through your Vegaster account or your use of our service.  An individual is only authorized to create one and use one user account with Vegaster.  It is in direct violation of these terms to use any alter ego or other form of disguised identity when using the service.  Registration with Vegaster puts you under no obligation to use or continue to use our service and you have the right to discontinue any use without serving notice to Vegaster.  
If, for any reason, we believe that you have not complied with these terms, or violated them in any matter, we may, at our sole discretion, terminate your access to our services.  You will receive written notice from us stating that your access to our service has been terminated, but we are under no obligation to offer you details as to why.

Use of this service by any individual under the age of 18 (or the age of majority in your jurisdiction) is strictly prohibited.  We practice full compliance with the Children’s Online Privacy Protection Act, and immediately delete any type of information we receive from someone we believe to be under the age of 18 from all of our databases. 

Password
Vegaster strives to protect the personal and confidential information of our users.  You are asked during registration to choose a password that is known only by you.  It is your responsibility to maintain the confidentiality of your password and restrict others from accessing your account with its use.  You also agree not to access the account, e-mail address or password of any other member or to disclose your password to any third-party.  It is your responsibility to notify Vegaster immediately if you suspect any unauthorized use of your account or access to your password.  You hold the sole responsibility for any and all use of your account.

Fees
Vegaster maintains its right to charge you for any portion of the services and to change its fees, if any, at will and at their sole discretion.  If your membership with Vegaster is terminated due to a breach in our terms and conditions, or any other governing policy held by Vegaster, you will not be entitled to a refund for any unused portion of fees or payments. These fees are set at the sole discretion of Vegaster, not that of purchases made using the Vegaster mobile application.

Privacy
Use of the Vegaster services, website and mobile applications is also governed by our privacy policy, which has been incorporated into these terms by this reference

Grants and Restrictions
By your agreeing to and acceptance of these terms, conditions and limitations of the Vegaster applications and services, we grant you non-exclusive, non-transferable and revocable license to use our application on any mobile device you own or have control over.  This shall also include any additions and/or upgrades provided by Vegaster that replace and/or supplement the original application or service, unless said upgrade is accompanied by its own separate license, in which case the terms of that license will govern.
You are not permitted to do, nor authorize any third party acting on your behalf to do, any of the following: (i) distribute or make, or attempt to distribute or make the application available over a network where it could be used by multiple devices at the same time; (ii) sell, rent lease, lend, redistribute or sub-license the application to any third party; (iii) decompile, reverse engineer, copy, attempt to derive the source code of, dissemble, modify or create derivative works of the application, any updates or any of its parts (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in our application.  Violation of any and all of these restrictions is a direct infringement of the copyright and other rights of Vegaster and your right to access and use our application and services will cease immediately.  In addition, you may be subject to prosecution as well as responsible for any damages related to your action.  Vegaster reserves all rights that are not specifically granted to you in these terms.

Consent to Use of Data and Mobile Communications
You agree and consent to Vegaster collecting and using technical data, personal information and related information in connection with your use of our service, in exchange for that service being provided to you by Vegaster.  The information we collect may include but is not limited to contact information, technical information about your mobile and/or other devices used to access our services, system and application software, and peripherals that are accessed periodically to facilitate the features and functionality of the service and of software updates, product support and other services.  
In addition, you grant us the right to communicate with you about the service and/or application either through e-mail, text message, push notification or by telephone.

Compatibility Issues
Vegaster cannot guarantee that the service and/or application will be compatible or interoperable with your mobile device or any other form of hardware, software, or equipment installed on or used in connection with your mobile device.

Carrier Charges
In order for the service to function fully, it requires the use of phone service, data access and text messaging capabilities.  All rates and charges incurred through your carrier for those and any other services they provide are solely your responsibility.

Venue Descriptions
Vegaster strives to be as accurate as possible in all of their descriptions, but will not be held responsible for any discrepancies.  If you believe that a description of a venue is inaccurate, please contact Vegaster immediately in writing and send it to admin@vegaster.com.

Use of Tickets and Vouchers
Our services provide you the means to purchase from Vegaster vouchers for services offered (“vouchers”) by local venues at your destination.  You will receive an e-mail alert confirming your purchase along with a voucher confirmation number (“confirmation number”) which will be sent to the e-mail address that you have provided to us.  We are not responsible if the e-mail address we have on file for your Vegaster account is inaccurate or has been changed. In order to use the voucher, you must appear in person at the applicable venue at the time specified on the voucher where you will present either the confirmation number we provided or a print-out of your voucher.  The applicable venue may/will require that photo identification be presented in order for the voucher to be honored.  Vegaster nor the venue is to be held responsible in the event that the voucher or confirmation number is lost or stolen. Vouchers are void where prohibited by law. Attempting to use the voucher in a manner other than it was intended, or in an unlawful act (attempting to use a voucher for VIP bottle table service when not over the legal age to do so) will result in the venues refusal to accept your voucher.  No refunds will be granted and Vegaster has the right to terminate your use of our services.

The terms of use for each voucher issued will be noted at the time of purchase.  This will include, but is not limited to any restrictions pertaining to the use of the voucher including minimum age requirements.

It is the venue, not Vegaster, who is the seller of the services provided by your voucher and they are solely responsible for accepting any voucher you purchase and providing the services relating to it.  If you are unhappy with the services provided by the venue please consult with them regarding your experience.  

By acceptance of these terms through the use of our service it is assumed to be understood by you that all fees paid for vouchers are non-refundable. Prices quoted for vouchers will be in U.S. dollars and are subject to change at any time prior to purchase.

If a specific event that you have purchased a voucher for is cancelled by the venue or any other entity, you will be notified prior to the first date that the voucher could have been used and a full refund to the credit card that was used to purchase the voucher will be issued.  We will not be held responsible for any additional fees that may be accrued by your credit card company for this action.  If for any reason you attempt to use a voucher in a lawful manner and for the purpose of its issuance and are unable to do so due to the fault of the venue or other outside entity, please notify us in writing and send it to us at admin@vegaster.com and we will make every effort to remedy the situation to your satisfaction.

Some services provided by your voucher may be subject to Nevada state sales tax (8.1%) and live entertainment tax (10%).  Upon checkout, the determined tax (up to 18.1%) will be applied to your purchase price at the venue.

Advertised Prices

Vegaster makes no guarantee that the advertised prices shown through our service, including on any website or webpage associated with Vegaster or promotional material and advertisements sent by email or SMS text represents:

A.      The lowest price for a particular activity or event on any particular day

B.      The published or advertised price for an activity or event listed on another website, webpage or other publication, including promotional emails and/or SMS text messages

C.      The availability of an activity or event on any particular day.

Over Bookings and Cancellations
In the event that a venue is unable to honor your voucher due to any circumstance other than your attempted unlawful use, contact Vegaster immediately and will work with you and the venue to find an alternative service that meets your satisfaction.  This could include, but is not limited to, an available table at another location.

Any reservation or booking made through our service is definitive so long as you are acting in accordance with these terms and conditions. 

User Cancellations (Day & Nightlife Reservations)

Users of the Vegaster services may request a cancellation and refund up to 7 (seven) days in advance of the activity or event. Any deposit made towards the purchase of entrance into an event or activity is subject to a cancellation charge, which will be a minimum of 25% of the initial deposit.

Any attempt at a cancellation within 72 hours of your events or activity’s start date will forfeit the availability of a refund. Vegaster will make every attempt under good faith to provide you with a refund, full or partial, and less any fees incurred by us. Vegaster may also provide a comparable event or activity to transfer the purchase to, including but not limited to VIP access being changed from one venue to another, in lieu of providing a refund. Vegaster maintains all rights to handle such circumstances at their own discretion. 

Groups denied access for dress code and/or excessive intoxication will not be eligible for a refund. Vegaster reserves all rights. Admission to a property, placement on any guestlist or waiver of any admission fee is not guaranteed with written consent for an authorized person at the proposed venue. 

Venue Rules and Regulations
Certain types of venues and/or events will have a strict dress code.  Consult the Venue, Vegaster or a host for details.  In general, expect that tennis shoes, flip flops, sandals, sports jerseys’, sports caps, shorts, and tank tops will not be permitted. Proper venue required attire is a must.

Please ensure that you arrive on time and at the designated meeting area determined by the venue. Showing up more than 5 minutes late for a reservation or voucher, including but not limited to VIP table service, could result in the forfeiture of your reservation,  as well as a cancellation fee stated during booking.  Contact your venue host if your reservation is expiring.

ALL INCLUSIVE PRICING: Price paid covers, but not limited to:

- Product Food & Beverage Min
- Tax
- Gratuity
- Live Entertainment Tax aka L.E.T
- Table Fee (Best seating location at your min spend dollar amount)
- Booking
- Service
- Execution
- Hosting
- Merchant

USER CANCELLATIONS (Shows, Tours & Adventures)

No refunds are available once a tour or service has commenced or in respect of any package, accommodation, meals or any other services utilized. Cancelling a booking with Vegaster could result in cancellation fees being applied. Additional fees could and may be levied by the individual supplier/operator. When cancelling any booking you will be notified via email or app alert of the total cancellation fees.

  1. These are non-refundable in all circumstances.

  2. Other Tour Products & Services

  3. If you cancel at least 7 calendar days in advance, there is no cancellation fee.

  4. If you cancel between 3 and 6 calendar days in advance, you will be charged a 50% cancellation fee.

  5. If you cancel within 2 calendar days in advance, you will be charged a 100% cancellation fee.

The majority of our tours & adventures may be cancelled for a 50% refund when cancelled with at least 48-hours notice; withholding a 50% service and administration fee.  All tours & adventures are non-refundable when cancelled within 48-hours of the departure time. If for any reason a portion of the tour or adventure is cancelled due to weather or uncontrollable circumstances, Vegaster under good faith will attempt to refund the user for the portion missed. All tours & adventures require a minimum number of guests to operate. Provider reserves the right to combine or upgrade based on availability. This is done without any consent to or from Vegaster.

*If you have an emergency and absolutely can't travel on the date you originally planned your trip, let us know and we'll do everything we can to work with you.

ALL SHOW TICKET SALES ARE FINAL. NO REFUNDS OR TRANSFERS ACCEPTED

Helicopter & Air Related Tours & Adventures

Weight Limits per person on all Helicopter and Air Tours apply. Weight limit per person is 300 lbs. Passengers over this limit will be required to buy 2 seats.
If a guest’s actual weight and the weight reported are a significant difference to adjust for the safety and comfort of all passengers, this passenger can be bumped from the flight without reimbursement.  If we can accommodate this guest on a different tour we will move their time for no additional cost.

Groups denied venue access for dress code and/or intoxication will not be eligible for a refund. Venue reserves all rights.

Hotel Reservations and Pricing: Offers & Pricing:  Email reflects current prices at the time sent time. Hotels Reservation prices may change without notice and are subject to availability and check-in dates.. Taxes, fees and other charges may apply.

$50 In-App Credit:  Available on any hotel reservation over $150. Credit Usage: Available on ANY Vegaster In-App purchase. Not Available on current hotel reservation. Live Chat for more details. 

User Content and Conduct
The services provided by Vegaster also include forums and other interactive areas or services (“interactive areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“user content”). 

You agree that you are solely responsible for your conduct while using the service and that you will not do any of the following actions while posting in connection with Vegaster: (i) harass, threaten, embarrass or slander any other user or entity; (ii) transmit through our service any information, data, text, files, links, software, chat, and/or other materials that Vegaster would consider to be harmful, violent, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise offensive, or unlawful by our governing entity or entities; (iii) impersonate or assume the identity of another individual, living or dead; (iv) post or transmit any unsolicited advertising, promotional materials, or any other form of solicitation; (v)  violate any applicable local, state, national international law, whether intentional or unintentional. 

Vegaster is not responsible for and cannot be held liable for any user conduct or user content posted, stored or made available via the service.  Vegaster will not be liable for any defamation, libel, omissions, slander, falsehoods, mistakes, obscenity, pornography, or profanity you may encounter while using our service.  Your use of our service is strictly at your own risk.  Enforcement of the user content and conduct rules outlined in these terms is solely at our discretion, and any failure to enforce those rules under certain circumstances does not waive our right to enforce them under other circumstances.  In addition, these rules are not a guarantee that the service will not contain content that is prohibited by them.  Users have the right to contact Vegaster in writing and send it to admin@vegaster.com, if they feel their rights have been violated by another user through the use of our services.

Trademarks
The "Vegaster" and “G” logo are trademarks or registered trademarks of Vegaster, both in the United States and in numerous international jurisdictions.  It is prohibited to use these trademarks without the express written consent of Vegaster.  You are also prohibited from using any metatags or other hidden text using the brand name Vegaster or any other name, trademark, or product or service name used by Vegaster with our written consent.  In addition, the look and feel of our service, including all page headers, custom graphics, button icons and scripts are the service mark, trademark and/or trade dress of Vegaster and may not be copied, imitated or used, in whole or in part, without our prior written consent.  All other trademarks, registered trademarks, product names and company names or logos made available through the service are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. 

The Vegaster website, mobile applications, and service, including but not limited to original content, features and functionality are exclusively owned by Vegaster and are protected by International, copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Copyright Dispute Policy
In accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lsweb.loc.gov/copyright/legislation/dmca.pdf) Vegaster has adopted the following general policy toward copyright infringement: (i) to block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (ii) to remove and discontinue service to repeat offenders.

The procedure for reporting copyright infringements will be to contact Vegaster in writing and sending it to admin@vegaster.com.  This should include but is not limited to; (i) a physical or electronic signature of the owner of the copyright, or an individual authorized to act on their behalf, that has been allegedly infringed; (ii) identification of works or materials being infringed; (iii) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient amount of detail in order for Vegaster to be able to find and verify its existence; (iv) Contact information of the notifier including physical address, telephone number and e-mail address; (v) A statement from the notifier explaining their good faith belief that the use of materials identified in (iii) are not authorized by the copyright owner, its agents or the law; and (vi) A statement made under penalty of perjury that the information provided is accurate and the notifying party is either the copyright owner, or authorized by the copyright owner to make such a statement on their behalf. 

Once Vegaster is able to confirm to its satisfaction that copyright infringement has taken place it is our policy; (i) to remove or disable access to the infringing material; (ii) to notify the content provider, member or user of its removal or disabled access; and (iii) that repeat offenders will have the infringing material removed from the system and that Vegaster will terminate such content providers, members, or users access to the services.

Accuracy of Information
The services, data and information provided by Vegaster are provided “as is". Vegaster does not warrant the accuracy, completeness or fitness for particular purpose of any of the data or services, and to the maximum extent permitted by applicable law, disclaims all implied warranties in connection with such data or services.

The laws of the state of Nevada shall govern this agreement, and you agree to submit to the exclusive jurisdiction of the state and federal courts in Clark County, Nevada, in all contingencies and disputes arising from your use of this site. If any provision of these terms and conditions is found to be unenforceable, such provision shall still be enforced to the fullest extent of applicable law and shall not affect the enforceability of the remaining provisions. These terms and conditions represent the entire agreement between you and Vegaster.

Limitation on Liability
UNDER NO CIRCUMSTANCE IS VEGASTER TO BE HELD LIABLE TO YOU OR ANY THIRD PARTY ASSOCIATED WITH YOU FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT OR MONETARY DAMAGES ARISING FROM YOUR USE OF THE VEGASTER APPLICATIONS AND/OR SERVICES, EVEN IN THE EVENT THAT VEGASTER HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VEGASTER’S LIABILITY TO YOU FOR ANY CAUSE WHAT SO EVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VEGASTER FOR THE SERVICES RENDERED.

In addition, you agree to indemnify and hold Vegaster, its subsidiaries, and affiliates, subcontractors and/or other third parties or partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorney’s fees, made by any third party due to or arising out of your use of the services in violation of these terms, arising from a breach of these terms, or any breach of your representations and warranties set forth in this agreement, or any content that you post on, through or in connection with the services.

The laws of the state of Nevada shall govern this agreement and you agree to submit to the exclusive jurisdiction of the state and federal courts in Clark County, Nevada, in all contingencies and disputes arising from your use of this site.  If any provision of these terms and conditions is found to be unenforceable, such provision shall still be enforced to the fullest extent of applicable law and shall not affect the enforceability of the remaining provisions.

Any questions or concerns regarding these terms and conditions, or any other Vegaster policy should be made in writing and sent to admin@vegaster.com

Contest & Giveaways

One website form entry per person and per household. To be entered in the contest, submitted email addresses must be verified by individual via a link on an email sent to the address submitted.

Who can enter? Giveaway is open to non-customers and customers of Vegaster, over the  age of 21.

The contest begins when posted online and ends on the stated date at 11:59pm PST and is open to non-customers and customers of Vegaster. No purchase is necessary to enter. All entries will be submitted into a random drawing to be conducted by a Vegaster  employee or agent, and the winner will be notified at the end of the drawing date.

Winner has 72 hours to respond to email notices to claim their prize, after which time a new winner will be drawn. Vegaster is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify potential winner. Vegaster employees and their families are not eligible to win, nor is anyone under the age of 21.

Prize is defined as stated in entry and is non-transferable. The winner is responsible for any taxes and agrees to complete tax forms sent by Vegaster before receiving their prize. Vegaster will not assume any additional cost.

Venue will be selected based on the recommendation of Vegaster. Dates, Time & Party Size will determine location of "table".  Vegaster does not guarantee specific location in any of the contest giveaways. Bottle selected will be Base Menu Priced Bottles. Upgrades are available at the winners cost. Transportation will be provided, if contest states, TO the selected Venue. Vegaster does no guarantee transportation vehicle type. 

Please note that by entering our sweepstakes you will also automatically be subscribed to our Vegaster newsletter where you receive updated news, events, discounts and/or coupons. You may choose to unsubscribe from our newsletter at any time.

Vegaster reserves all rights to edit, stylize, and use images or comments received as part of this promotion in any way, including on its website, online advertising or in other marketing materials. We will not disclose your full name, location of residence, email address or other contact information as part of this use without your permission. Our customers' privacy is important to us, you may view our privacy policy here.

 

Updated to the Vegaster Terms and Conditions on 10/10/2016 – effective as of 10/11/2016