DATA PRIVACY AND USE POLICY
Last updated: 11-10-2020
Vegas Scene Advertising, Inc. dba The Scene Online Media (“The Scene Online Media”) is dedicated to providing informative and useful information about its products and services through online, mobile, and other software and related systems and platforms, as well as any in-person, telephone, or other offline locations or through other aspects of The Scene Online Media’s business (collectively, the “System”), including, without limitation, on and through any and all websites published with Vegas Scene Advertising, Inc. dba The Scene Online Media and/or other portion of the System designated by The Scene Online Media from time to time. As a part of the operation of the System, The Scene Online Media gathers certain data about users.
Any and all content must be sent and approved by the publisher for all magazines and sites. VSA only publishes authorized content and photos authorized by the sender of content to Vegas Scene Advertising. Vegas Scene Advertising does not work with any outside contractors on our behalf that have: authorization to represent or request photos content and or business on our behalf. Any unauthorized person(s) using our name for benefit or otherwise is not permitted, and Vegas Scene Advertising will not accept responsibility for unauthorized person(s) who try to mislead or misrepresent themselves- on our behalf.
The Scene Online media is not responsible for any unauthorized or copyrighted materials sent us for coverage, and promotion in The Scene Magazines. Please note- that any photos, video, and content sent to “The Scene Online media by the sender has been authorized by the copyright holder to distribute and share with The Scene Online Media for publishing, profits and marketing purposes, and understands that The Scene Online Media/ Vegas Scene Advertising will not be held for any unauthorized copyright for content, images and video used in magazines.
This Data Privacy and Use Policy (“Policy”) applies to the System and governs data collection and usage at, on and through the System. Please read this Policy carefully. Each time you use, browse, or otherwise access any part of the System, you signify your acceptance of the then-current Policy, including, without limitation, the then current terms found elsewhere on the System. If you do not agree with this Policy, you are not authorized to access or otherwise use the website, mobile application, or any other part of the System.
You acknowledge that any personal information provided or collected through the System is voluntarily provided to The Scene Online Media from you. As you navigate any part of the System, you will find that there are several online forms or other locations which you can use to request information regarding a specific product or service. In order for The Scene Online Media to effectively enable the System and allow access to certain content or otherwise facilitate The Scene Online Media’s business, The Scene Online Media does collect and use certain data. Two types of data are collected: (a) personal data, such as names, company names, postal addresses, e-mail addresses, telephone numbers, occupation, dates of birth, age, gender, financial information, credit card information, bank account information, social security information, product and/or service preferences, photographs, and comments that can be used to uniquely identify or contact a single person (“Personal Data”); and (b) non-personal aggregate or traffic data, such as your IP address, which web pages or portions of the System you are visiting, the order in which the areas are visited, unique device identifier, time zone, which hyperlinks or functions are being “clicked”, how many users are visiting or accessing the System, vehicles sites viewed, domain server, location-based or real-time geographic location information, type of computer or device, and type of web browser (“Traffic Data” and together with Personal Data, the “Collected Data”).
Collection and Usage
Personal Data is gathered when users provide or authorize Personal Data to or through the System, for example, when requesting information, participating in an online survey, inputting content into the System, verifying user credentials, purchasing products or services, allowing access to social media networks, or utilizing any other The Scene Online Media product or service through the System. Personal Data is also gathered about others when users share content with family, friends, or other contacts, without limitation, the name, email address, phone number, and mailing address.
Traffic Data is tracked and gathered when you and other users visit or access the System. While gathering Traffic Data may not collect Personal Data, it may provide information on the geographical location from which users access the System. Traffic Data generally does not identify individual users. Instead, the Traffic Data identifies System users as a whole, including demographic information, preferences in content and advertising, quality of service, and web and application traffic patterns.
The Scene Online Media may, in The Scene Online Media’s sole and absolute discretion, release and disclose the Collected Data to affiliated or contracted persons, associations, or other entities of whatsoever nature, including, without limitation, strategic alliances and advertising affiliated persons and/or entities (the “Related Parties”) or to any law enforcement agency, court, or other governmental authority to: (a) help The Scene Online Media respond to your requests for information, goods or services and/or otherwise fulfill a user’s lawful request; (b) respond or otherwise comply with subpoenas, court orders, or other edicts of the law or legal process; (c) protect and defend The Scene Online Media’s rights and property; or (d) to protect the personal safety of The Scene Online Media’s users, The Scene Online Media’s employees, or the public.
The Scene Online Media may, in The Scene Online Media’s sole and absolute discretion, release and disclose the Collected Data to any persons, associations, or other entities of whatsoever nature not affiliated with The Scene Online Media (the “Non-Affiliates”) for the purpose of facilitating your instructions, requests and/or registrations for products or services provided by The Scene Online Media or the Non-Affiliates (including, without limitation, customer support, information technology support, credit card or other electronic payment processing and personal profile services) when the transfer of such Collected Data is necessary to provide you with such products or services. By selecting, instructing, requesting, reserving and/or registering for such products or services from The Scene Online Media or the Non-Affiliates on or through the System, you consent to the release of your Collected Data to the Non-Affiliates. The Scene Online Media shall use reasonable efforts to provide the Non-Affiliates access only to the Personal Data necessary to assist in responding to your instructions, requests, and/or registrations for such products or services and cause such Non-Affiliates to use your Personal Data for these limited purposes.
The Scene Online Media may also disclose, release, transfer, sell, or otherwise convey any Collected Data to prospective or actual buyers, sellers or persons and/or entities related to such actions by The Scene Online Media, including, without limitation, The Scene Online Media may transfer information about you if The Scene Online Media is acquired by or merge with, or otherwise sell any portion of The Scene Online Media’s assets or equity to any other company.
You consent to any and all such conveyances of the Collected Data regardless of your location and your consent includes any and all such conveyances outside of your location, including, without limitation, in the United States and in other countries and territories.
Under certain circumstances, you have the rights under data protection laws in relation to your Personal Data. These include the right to:
• Request access to your Personal Data.
• Request correction of your Personal Data.
• Request erasure of your Personal Data.
• Object to processing of your Personal Data.
• Request restriction of processing your Personal Data.
• Request transfer of your Personal Data.
• Right to withdraw consent.
If you wish to exercise any of the rights set out above, please email us. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response.
From time to time, you may receive periodic mailings, telephone calls or e-mails from The Scene Online Media with news or other information on The Scene Online Media’s products and/or services. If at any time you wish to stop receiving emails or mailings from The Scene Online Media please send us an email in contact form with the phrase “Privacy Opt-out: The Scene Online Media Mailings” in the subject line, or write to us at 8414 W. Farm Rd. 180-369 Las Vegas, NV 89131 and we will remove you from The Scene Online Media’s mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most e-mail messages from The Scene Online Media.
In the event that The Scene Online Media wishes to transfer or release your Personal Data to a third person in a manner not set forth in this Policy, The Scene Online Media shall inform you prior to such transfer or release and provide you with the ability to opt out of such transfer or release of Personal Data. Please contact The Scene Online Media at our contact form link in footer. If you have any questions as to how to opt out of any specific disclosures, or any marketing or other programs.
Cookies and Related Files
The Scene Online Media, through the System, may place small files, called ‘cookies’ onto your computer or electronic device, as well as related files, such as web beacons, pixel tags, or other means. The Scene Online Media may use such files or Internet protocol addresses for a number of reasons, such as record keeping purposes when you visit visits, identifying you as a unique user, simplifying the process of recording personal information (such as enabling users to not have to enter names, addresses or passwords repetitively), allowing The Scene Online Media to better understand how users use the System and help The Scene Online Media tailor the System or marketing message to better match needs and interests. You may be able to program your browser to not to accept cookies or other files, but if you do, you may be unable to access some parts of the System or some parts of the System may not work properly.
While on the System, you may receive cookies from third party advertisers or promotional entities. These cookies are outside the control of The Scene Online Media, are not subject to the Policy, and The Scene Online Media is not responsible for such third-party cookies.
Links to Third-Party Sites
For example, chat rooms, forums, message boards, links to third party websites or mobile applications (including social media websites and mobile applications), and/or news groups may be available through the System. While The Scene Online Media will only use and disclose the Collected Data as set forth herein, any information disclosed in these areas is or may be deemed public information and you must exercise caution and discretion when deciding to disclose personal and non-personal information. Additionally, please keep in mind that if you directly disclose Personal Data or personally sensitive data through your home page, linked sites, or other public forums, this information may be collected and used by others. The Scene Online Media encourages all users to review the privacy statements of websites and/or mobile applications you choose to link to from the System so that you understand how those third parties collect, use and share information about you and/or your electronic devices. The Scene Online Media is not responsible for the data collection, data usage, privacy statements or content on other websites, applications or other solutions.
Measures to Safeguard Children
The Scene Online Media’s products and services are not directed or intended for the use of children or users under the age of 18. The Scene Online Media encourages parents and guardians to spend time with their children online and to be fully familiar with the websites and other software visited by their children. At various places on the System, The Scene Online Media may ask users whether they are 18 years of age or older or of proper legal age. The Scene Online Media relies on users to be truthful in responding to these questions. The Scene Online Media does not knowingly collect or maintain personal information from children under 13 years of age. If The Scene Online Media learns that personal information of a child under 13 years of age has been collected, The Scene Online Media will take steps to delete the information as soon as possible. If you are under 18 years of age or the proper legal age, you are not allowed to use or access the System at any time or in any manner and any such use is unauthorized.
Except where required in accordance with law, law enforcement agency, court, or other governmental authority, The Scene Online Media does not intentionally solicit Personal Data from individuals under 18 years of age. A parent or guardian whose child provided Personal Data to The Scene Online Media without the parent’s or guardian’s consent should immediately notify The Scene Online Media of such disclosure in writing to the contact provided below. The Scene Online Media, upon receipt of such written notice, shall take reasonable measures to remove such disclosed information from The Scene Online Media’s database and/or notify the appropriate authority.
The Scene Online Media has implemented security measures to help protect the Personal Data. For example: (a) The Scene Online Media stores Personal Data on servers that are in one or more physical locations that are monitored and accessible by a limited authorized set of individuals and (b) certain Collected Data is obtained through a web form and transmitted using secure socket layer (SSL) or other secure technology as may be determined by The Scene Online Media from time to time. Although The Scene Online Media has implemented such security measures to help protect the Personal Data, the Personal Data may still be accessed, altered, disclosed and/or otherwise used in an unauthorized manner and as such, The Scene Online Media cannot guarantee the security of your Personal Data from unauthorized access, alteration, disclosure and/or other impermissible uses and The Scene Online Media is not responsible for such unauthorized access or other impermissible uses.
Changes to this Policy
The Scene Online Media reserves the right to change or modify this Policy, including, without limitation, to reflect company and user feedback or changes in applicable law. Please revisit this Policy from time to time for changes and updates. The Scene Online Media refuses access to you, The Scene Online Media may provide you with the reasons for such refusal upon request; provided, however, that The Scene Online Media reserves the right to refuse to give a reason for such refusal, including, without limitation, where such information contains references to other individuals, such information cannot be disclosed for legal, security or commercial reasons, or the information is subject to attorney-client or litigation privilege. Your continued use of the System constitutes your consent to any and all such changes.
This Policy, the System, and any claim associated with, related to, or arising from the Policy and/or System are governed by the law of the State of Nevada within the United States. Any claim associated with, relating to or arising from this Policy or the System shall be brought in a federal or state court in the County of Clark, State of Nevada within one year after the claim arises. You hereby affirm your consent to the sole and exclusive jurisdiction of the courts located in the County of Clark, State of Nevada as the most convenient and appropriate forum for the resolution of disputes concerning this Policy or System. The System is controlled, operated and administered entirely within the United States. Use of the System from locations outside the United States where these practices are illegal or violate any law is prohibited.
System Provided “As Is” and Other Disclaimers
YOU AGREE THAT THE SYSTEM AND ALL THE SCENE ONLINE MEDIA PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” THE SCENE ONLINE MEDIA MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED AND DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SCENE ONLINE MEDIA SERVICES, THE SCENE ONLINE MEDIA PRODUCTS, SYSTEM, OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT THE SCENE ONLINE MEDIA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING
THE SCENE ONLINE MEDIA AND THE SCENE ONLINE MEDIA’S REPRESENTATIVES SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR AS SUCCESSOR TO YOUR RIGHT, TITLE AND INTEREST) WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER LEGAL THEORY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTION OF CONTENT, INTERRUPTION OR COMPUTER FAILURE ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Questions about this Policy should be directed to Vegas Scene Advertising contact form or footer link bottom section of site, or by writing to us at: 8414 W. Farm Rd. 180-369 Las Vegas, NV 89131. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to The Scene Online Media.
Last updated: 11-10-2020
You must be over the age of 18 to register with the Site. You also agree to provide true, accurate and complete registration information when you create a user account.
If you register with the Site, you consent to receiving service messages relating to your account, such as payment confirmations, account verifications and transactional notices. You also consent to receiving other communications from us such, as newsletters, special offers, announcements and surveys. You may opt out of some these additional communications by clicking on the “unsubscribe” links, as applicable, contained within such communications.
You may not be able to access all or some of the content and services of the Site outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Use of the Site
Information and Press Releases
The Site may contain information, news, and press releases in connection with its Content. As further elaborated below, the Site and its Content are provided “AS IS.” Without limiting the foregoing, The Scene Online Media disclaims any duty or obligation to update any Content. Information about third parties contained in the Content should not be relied upon as being provided or endorsed by us.
Content Posted on the Site
The Site may contain social networking components and interactive features, including, but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. We may monitor content posted on the Site, but are under no obligation to do so. You may be exposed to content on the Site that is inaccurate or deceptive, or that you find offensive or objectionable.
We may remove any Content for any or no reason in our sole discretion.
All Content (including the organization and presentation of such Content) on the Site are the property of The Scene Online Media and/or its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with The Scene Online Media, any use not expressly set forth herein of this Content without The Scene Online Media’s written permission is prohibited.
The Scene Online Media, and any other trademark, service mark, trade dress, and/or other indicia of source contained in the Site (“Marks”) are owned by The Scene Online Media, its affiliates, suppliers, or licensees or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Scene Online Media or the applicable Mark holder. You may not use metatags or any other “hidden text” utilizing “The Scene Online Media”, “Vegas Scene Magazine” or any other Mark without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is owned by The Scene Online Media and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any third-party 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.
Currency of Site
The Scene Online Media updates the information on this Site regularly. However, The Scene Online Media cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. The Scene Online Media may revise, supplement or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Linked Third-Party Materials
The Site may display, include or make available third-party content, including data, information, applications and other products services and/or materials (“Third-Party Materials”). Such Third-Party Content may be referenced by links on the Site, through third-party advertising, and by other methods which make such materials available to users. The inclusion of these Third-Party Materials and links thereto does not imply that The Scene Online Media monitors or endorses these links or Third-Party Material. You acknowledge and agree that The Scene Online Media is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. The Scene Online Media does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third-parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
The Scene Online Media shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of the Content from this Site. The Scene Online Media recommends that you install appropriate anti-virus or other protective software.
Site and Materials Provided “As Is”
THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SCENE ONLINE MEDIA DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Notice and Procedure for Making Claims of Infringement/Digital Millennium Copyright Act
The Scene Online Media respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Scene Online Media with a written communication including substantially the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please address your letter to: Vegas Scene Advertising inc. 8414 W. Farm Rd. 180-369 Las Vegas, NV 89131 or Feel free to contact us at contact form. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. The Scene Online Media is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through this Site or via e-mail that:
• The Scene Online Media has no obligation concerning such information;
• the information is non-confidential;
• The Scene Online Media may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
• the information is truthful and disclosure of the information does not violate the legal rights of others.
The Site is controlled, operated and administered by The Scene Online Media from within the state of Nevada. This Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Nevada, by accessing this Site, you acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the state of Nevada and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Clark County, Nevada and acknowledge that you do so voluntarily.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.