Terms and Conditions of Use
TERMS AND CONDITIONS OF USE ("Terms and Conditions")
PLEASE READ THIS USER AGREEMENT (THIS "AGREEMENT") CAREFULLY BEFORE USING THE LUCKY COAST WEB SITE (THE "SITE"). YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
1. OWNERSHIP. The Site is owned and operated by o3 Media Group, LLC, d.b.a. Lucky Coast ("Lucky Coast"). The mailing address for Lucky Coast is 1520 29th Avenue, Suite 31, Gulfport, MS 39501.
2. ACCESS TO THE SERVICES. Subject to the Terms and Conditions of this Agreement, Lucky Coast may offer to provide certain products and services, as described more fully on the Site, and which are selected by you through the process provided on the Site ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Lucky Coast performs for you, as well as the offering of any content on the Site. Lucky Coast may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Lucky Coast may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Lucky Coast reserves the right to update or modify the Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, Lucky Coast encourages you to review the Terms and Conditions whenever you use the Site.
You certify to Lucky Coast that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Lucky Coast cannot promise that access to the Site will be uninterrupted or available at all times. Lucky Coast assumes no liability or responsibility for any delay, interruption, or downtime.
3. SITE CONTENT. The Site and its contents are intended solely for the use of Lucky Coast users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Lucky Coast, or from the copyright holder identified in such Content's copyright notice.
4. NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide Lucky Coast with written notice of same ("Notice"). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site.
5. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Lucky Coast user.
You are expressly prohibited from using the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.
6. SUBMISSIONS. You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications ("User Submissions"), you hereby grant to Lucky Coast a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against Lucky Coast for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions.
You agree to submit only User Submissions that are proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any User Submissions that: (i) infringe any intellectual property, privacy, or publicity rights of a third party; (ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitute, or encourage conduct that would constitute, a criminal office, give rise to civil liability, or otherwise violate law; (iv) contain a virus or other harmful component; (v) constitute or contain false or misleading indications of origin, statements of fact, or impersonations of another person or entity; (vi) constitute advertising or solicitation of business; (vii) disrupt the normal flow of activity on the Site; or (viii) constitute chain letters, pyramid schemes, virus hoaxes, false alarm messages, "spam," or similar material.
8. WARRANTY DISCLAIMER. Lucky Coast has no special relationship with or fiduciary duty to you. You acknowledge that Lucky Coast has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Lucky Coast from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Lucky Coast makes no representations concerning any Content contained in or accessed through the Site, and Lucky Coast will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). Lucky Coast makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. Lucky Coast will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Lucky Coast's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
10. REGISTRATION AND SECURITY. As a condition to using Services, you may be required to register with Lucky Coast and select a password and user name ("Lucky Coast User ID"). You shall provide Lucky Coast with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) select or use as a Lucky Coast User ID a name of another person with the intent to impersonate that person, or (ii) use as a Lucky Coast User ID a name subject to any rights of a person other than you without appropriate authorization. Lucky Coast reserves the right to refuse registration of, or cancel a Lucky Coast User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Lucky Coast password.
11. INDEMNITY. You agree to defend, indemnify and hold harmless Lucky Coast, its affiliated companies and their respective officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting frees, resulting from or arising out of your breach of the Terms and Conditions, your use of the Site, User Submissions submitted by you, or your use of any information obtained from the Site or any Content.
12. LIMITATION OF LIABILITY. Under no circumstances shall Lucky Coast, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of Lucky Coast or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any content on the Site, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of Lucky Coast and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed [two hundred fifty dollars (U.S. $250.00)].
The carriers, hotels and other suppliers or partners providing travel or other services for Lucky Coast are independent contractors and not agents or employees of Lucky Coast or its affiliates. Lucky Coast and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such supplier or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Lucky Coast and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control. Lucky Coast and its affiliates have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
13. FEES AND PAYMENT. Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. Lucky Coast reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
14. DISPLAYED RATES, TAXES AND FEES. For transactions that include a non-packaged hotel, the room rate displayed on the Site is a combination of: (i) the varying net room rate that has been pre-negotiated with hotel suppliers; and (ii) the varying mark-up of such net room rate that Lucky Coast and/or its partners retain as compensation for their services. For air and hotel package transactions, the rates displayed on the Site are a combination of either: (i) the varying net airfare and room rate that Lucky Coast and/or its partners has pre-negotiated with airline and hotel suppliers plus the varying mark-up of the net rate(s) that Lucky Coast and/or its partners retain as compensation for their services; OR (ii) the varying bundled net air and hotel package rate that is received from airline and hotel package suppliers plus the varying mark-up of the net rate(s) that Lucky Coast and/or its partners retain as compensation for their services.
The taxes and fees displayed for non-packaged hotel transactions and bundled air and hotel packages are a combination of: (i) tax recovery charges that are remitted directly to the suppliers (see below for a full explanation); and (ii) varying service fees that include the hard costs that are incurred in the processing of your transaction as well as compensation for Lucky Coast's and/or its partners’ services.
The tax charge on hotel transactions and air and hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, and other similar taxes) that are paid to the vendors (e.g. hotels, airlines, etc.) in connection with your travel reservations. Lucky Coast and/or its partners are not remitting said tax to the applicable tax authorities. The suppliers bill all applicable taxes to Lucky Coast and/or its partners and we remit such taxes directly to the supplier. Lucky Coast and/or its partners are not co-vendors associated with the supplier with whom travel arrangements are booked. The actual tax cost paid to the supplier may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of actual use by you.
Hotel taxes are applied to the net room rate that is paid to the supplier for the hotel room. The service fee charged for hotel transactions and air and hotel transactions is a varying percentage that is applied to the sum of the item subtotal plus taxes.
15. LINKS. This Site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by Lucky Coast, its third party providers or distributors of the contents of such other web sites. Neither Lucky Coast nor any third party provider or distributor shall be responsible for the Content of any other web sites. Neither the Lucky Coast nor any third party provider or distributor make any representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
16. ATTORNEY'S FEES. If Lucky Coast or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
17. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement and the Terms and Conditions will cause such damage to Lucky Coast as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Lucky Coast shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Lucky Coast in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
18. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. Lucky Coast may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the Terms and Conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
19. SELLER OF TRAVEL Lucky Coast is a registered seller of travel in Nevada under the state's seller of travel regulations.
Nevada Seller of Travel. Registration No. 2003-0113.
20. NOTIFICATION AND CONTACT INFORMATION. To the extent that Lucky Coast may need to contact you, you agree that Lucky Coast may do so via any electronic means, included but not limited to communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site or the services offered by Lucky Coast, you may contact our Customer Service department as indicated below. Lucky Coast will attempt to respond to your questions or concerns promptly upon receipt.