Terms and Conditions of Use
November 15, 2014
Welcome to www.vegas.ninja One Degree World Systems, Inc. and/or its affiliates (“One Degree”) provide website features and other products and services to you when you visit or shop at 1degreeworld.com, use One Degree products or services, use One Degree applications for mobile, or use software provided by One Degree in connection with any of the foregoing (collectively, the “One Degree Services”). One Degree provides the One Degree Services subject to the following terms and conditions of use.
Acceptance of Terms
Your use and browsing of the Site and the One Degree Services is at your risk. If you are dissatisfied with any of the materials contained in the Site or the One Degree Services, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and the One Degree Services.
In order to utilize certain functionality of the Site and the One Degree Services, you must complete a registration process. As a registered user of the Site and the One Degree Services, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site and the One Degree Services registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify One Degree of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless One Degree from any loss or damage arising from unauthorized use of your password or user name.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by One Degree and processing of such data by One Degree in connection with your use of the Site and the One Degree Services. You consent to the technical processing and transmission involved in your use of the Site and the One Degree Services, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Issues
The Site and the One Degree Services are owned by One Degree. All of the content featured or displayed on the Site and the One Degree Services, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by One Degree.
Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
- 1. That you may only download Content that One Degree designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
- 2. To not reproduce, distribute, modify, re-post on another website or service (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from One Degree.
- 3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
- 4. To refrain from framing, inline linking, or mirroring any portion of the Site or the One Degree Services.
- 5. You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site or the One Degree Services (“Your Content”).
- 6. You may upload Your Content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content.
- 7. One Degree will make no sale of Your Content to a third party unless and until you have expressly consented to such.
- 8. By uploading Your Content, however, you grant One Degree (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with the Site and the One Degree Services. One Degree may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate to distribute, market, or promote the Site and the One Degree Services. You also grant One Degree permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Site and the One Degree Services, and for similar institutional promotional purposes. You also agree that One Degree may make Your Content available to users of the Site and the One Degree Services who may display and redistribute it in the same way that One Degree makes all other Content available.
- 9. One Degree may use Your Content, without compensation to you, in any One Degree Services that feature Your Content in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), any special section or community of the One Degree Services to which it was submitted.
- 10. To enable One Degree to use Your Content in the Site and the One Degree Services, One Degree may request you to provide Your Content in other formats, and if technically possible, you agree to provide Your Content in such other formats so long as One Degree pays you the reasonable out of pocket costs of providing Your Content in such other formats.
- 11. Any payment to you is conditioned upon you keeping your registration information up to date and you completing any paperwork that One Degree requires to make payments to third parties. One Degree also reserves the right not to make payment to you if One Degree reasonably believes that to do so would violate applicable law.
- 12. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site or the One Degree Services should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide One Degree’s designated agent the following information:
- (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- (b) A description of the copyrighted work that you claim has been infringed;
- (c) A description of where the material that you claim is infringing is located on the Site and/or the One Degree Services (such as the URL);
- (d) Your address, telephone number, and e-mail address;
- (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. One Degree’s designated agent for notice of claims of copyright infringement on the Site and the One Degree Services is its General Counsel who can be reached as follows:
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE
If you use the Site or any One Degree Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the One Degree Services only with involvement or consent of a parent or guardian. One Degree reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The Site and the One Degree Services should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Although One Degree does not routinely monitor the postings to the Site, One Degree reserves the right (but assumes no obligation) to delete, move, or edit any of Your Content that comes to its attention that One Degree considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of One Degree, restricts or inhibits any other user from using or enjoying the Site or the One Degree Services will not be permitted. One Degree reserves the right to refuse access to the Site and the One Degree Services to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site and the One Degree Services, or any of the copyright or trademark laws of the United States.
The Site and One Degree Services may provide, or third parties may provide, links to other sites or resources. Because One Degree has no control over such sites and resources, you acknowledge and agree that One Degree is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that One Degree shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
Your interactions with companies, organizations and/or individuals found on or through the Site and the One Degree Services, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that One Degree will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Site and the One Degree Services, or between a user and any third party, One Degree is under no obligation to become involved, and you agree to release One Degree and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Site and the One Degree Services.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONE DEGREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONE DEGREE MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONE DEGREE NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND THE ONE DEGREE SERVICES, OR MATERIALS ON THE SITE AND THE ONE DEGREE SERVICES, OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ONE DEGREE, OR OUR SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF ONE DEGREE SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ONE DEGREE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR THE ONE DEGREE SERVICES, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE OR THE ONE DEGREE SERVICES, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE ONE DEGREE SERVICES.
The nature of the Site and the One Degree Services necessarily entails the publication of a wide range of information and content. As such, you can expect the Site and the One Degree Services to include information and opinions from a variety of individuals and organizations other than One Degree. One Degree neither endorses nor guarantees the accuracy of any of Your Content, or any information or opinions from other persons. One Degree may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, One Degree engages in no routine monitoring of Your Content on the Site and the One Degree Services. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any Your Content you post to the Site, and you agree to:
- 1. Represent that you are the owner of Your Content, or are making your submission with the express consent of the owner, that you have obtained all third party releases and permissions necessary for One Degree’s use, in accordance with the license you grant in paragraph 8 of “Intellectual Property Issues” above, of any Your Content that you post, and nothing you post will infringe on the rights of others.
- 2. Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive Your Content, or Your Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other Your Content that infringes on the ability of others to enjoy the Site and the One Degree Services or is otherwise inappropriate.
- 3. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user of the Site and the One Degree Services. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo).
- 4. Neither post nor transmit through the Site or the One Degree Services any Your Content that constitutes advertising or solicitation with respect to any product or service.
- 5. Not post anonymously or impersonate any other person.
- 6. Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Site or the One Degree Services. Exception is made for publicly available Internet search engines (e.g., Google, Bing).
- 7. Not to alter or modify any part of the Site or the One Degree Services, make no use that would interfere with or disrupt the Site or the One Degree Services or servers or networks connected to the Site or the One Degree Services, make none of Your Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by One Degree.
- 8. Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Site and the One Degree Services.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE OR THE ONE DEGREE SERVICES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ONE DEGREE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site and the One Degree Services. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You agree to indemnify, defend, and hold harmless One Degree; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site and the One Degree Services from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of these Terms. One Degree reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with One Degree.
Product Purchasing and Risks
The Site and the One Degree Services allow you to purchase different types of products and services online that are provided by third parties. One Degree has no responsibility for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or through the One Degree Services, or on a third-party website that you have accessed via a link on the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and One Degree. A merchant may have privacy and data collection practices that are different from One Degree. One Degree has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site and the One Degree Services, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release One Degree and its affiliates from any damages that you incur, and agree not to assert any claims against One Degree or any of its affiliates, arising from your purchase or use of any products or services made available by third parties through the Site and the One Degree Services.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site and the One Degree Services. You agree to use the Site and the One Degree Services, and to purchase services or products through the Site and the One Degree Services, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
One Degree Software Terms
In addition to these Terms, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that One Degree makes available to you from time to time for your use in connection with the One Degree Services.
Parties other than One Degree may provide services or sell products on the Site. In addition, One Degree may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. One Degree does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any dispute or claim relating in any way to your use of the Site or any One Degree Services, or to any products or services sold or distributed by One
Degree or through 1degreeworld.com will be resolved by binding arbitration in Las Vegas, Nevada, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis
the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Mr. Howard Lefkowitz, 4775 W. Teco Avenue, Suite 270, Las Vegas, NV 89118. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. One Degree will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the Site or any One Degree Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and One Degree.
Site Policies, Modification and Severability
Entire Agreement and Waiver
These Terms and any other operating rules or terms currently posted on the Site or any One Degree Service constitutes the entire agreement between One Degree and the users of the Site or the One Degree Services, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of One Degree may be construed as a waiver of any part of these Terms.
One Degree World Systems, Inc.
4775 W. Teco Avenue
Las Vegas, NV 89118