TERMS & CONDITIONS
Welcome to GigSMACK.com, an online Entertainment Networking Community, Booking and Scheduling Service (the "Service"), brought to you by NetGigs, LLC ("NetGigs"). These Terms are an agreement between you, the person who registers for the Service, and GigSMACK.com (together referred to as "we" or "us. "). Do not use or access our online services if you do not agree to be bound by the terms and conditions of this Agreement.
1. ACCEPTANCE OF TERMS
When you click "ACCEPT," you agree to these Terms. If you do not click "ACCEPT" to agree to all of these Terms, you will not be entitled to use the Service. These Terms may be updated from time to time. If you do not agree to the changes, you agree to discontinue your use of the Service. You can review the most current version at any time by clicking on the "Terms and Conditions" link at our website www.GigSMACK.com.
Also, when using the Service to access services offered by third parties, you acknowledge that we are not responsible for their terms, and if you have any problems with these parties, you should contact them directly.
2. MEMBERSHIP BENEFITS
A. The Service. The Service is an online Entertainment Networking Community, Booking and Scheduling Management Service that provides a venue for users to manage and promote their scheduling and performing information on the World Wide Web. The Service employs proprietary technology to allow you to retrieve, view and maintain information that you submitted or received as a result of being a member on the site. Additional features may be included in the Service in the future. The Service is currently provided free to PLANNERS (i.e. talent buyers, members looking to book performers/entertainers), FANS (Individuals seeking networking capabilities with other Individuals, Venues and Performers) & VENUES (Places of business where entertainment may take place). There is a membership fee for PLATINUM LEVEL performers/entertainers and/or their representatives (SILVER LEVEL PERFORMERS can register for free. We reserve the right to impose fees and changes. We will notify you at least one month in advance if there is ever a future change in our fee schedule for the Service, which will be imposed upon your next contractual agreement.
B. Service Limitations. Though we use state of the art proprietary technology to make your experience with us a positive and productive one, we cannot always foresee or anticipate technical or other difficulties (i.e. loss of data, personal settings or other service interruptions). We do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personal settings.
C. Privacy Policy. We respect your privacy, and expect you to respect the privacy of other members on the Service. Our Privacy Policy is incorporated into and made part of this agreement. You can review our most current version of our Privacy Policy at any time by clicking on the "Privacy Policy" link at our website www.GigSMACK.com. If at any time we find that you have violated or have not been in full compliance with either our "Terms and Conditions" or our "Privacy Policy", we retain the right to suspend your access, or to terminate your membership, to the Service at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Service. Any paying member who is suspended or terminated under this provision will forfeit any membership fees already paid to the Service, with no claim, right or entitlement to refund, return or reimbursement of said forfeited membership fees.
D. Cancellation. You may cancel your membership in this Service at any time by sending a request for cancellation via our "Contact Us" form. For free members, your account will be cancelled upon receipt of request. For paying members, your membership will be cancelled upon expiration of the term of the Service you paid for, unless sooner requested. However, membership fees will not be refunded or returned. Please keep in mind that extended periods of inactivity by any member may result in the Service being canceled. Also, we may cancel your enrollment in this service for any reason, at any time. We will attempt to notify you in advance of such cancellation, but we are not obligated to do so. If the Service is canceled for a paying member under this provision, those members will forfeit any membership fees already paid to the Service, with no claim, right or entitlement to refund or reimbursement of said forfeited membership fees.
3. TERMS AND CONDITIONS
In compliance with applicable laws, and for the benefit and security of our users, we have implemented a few mandatory guidelines that you, as a member, must ACCEPT and agree to in order to continue use of this Service. ANY CONDUCT THAT VIOLATES THE TERMS AND CONDITIONS IS GROUNDS FOR TERMINATION OF YOUR ACCOUNT. Membership fees will be forfeited (see Section 2(C) & (D) above).
A. Membership Eligibility. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is NOT AVAILABLE TO MINORS. If you do not qualify, you cannot use our services. You agree to hold harmless GigSMACK (NetGigs,llc) for any fraudulent use of our service on your part. Further, our services are not available to temporarily or indefinitely suspended GigSMACK members.
B. Your Information. By using our Service, you agree that you will provide true, accurate, current and complete information about yourself as requested in our registration form and account setup forms and you agree to not misrepresent your identity or your third party information, which may include user names, passwords or other important information regarding performers, or gigs, or performance related information. Your information, or any items listed therein:
(a) shall not be false, inaccurate, misleading or fraudulent;
(b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance or regulation, including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising;
(d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) shall not be obscene or pornographic;
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) shall not create liability for us or cause us to lose, in whole or in part, the services of our ISPs or other suppliers; and
(h) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement, or you do not have a right to link to or include.
C. Member Identity and Information. You represent to us that, for each membership, you either are the identity you claim to manage or you have been given express permission to open and control a GigSMACK membership on behalf of that identity. You understand that signing up another member without their permission is a direct infringement on their rights, and they may have the right to prosecute. GigSMACK also reserves the right to prosecute for any misrepresentation on the Service.
D. GigSMACK IS NOT AN AGENT. GigSMACK is ONLY A VENUE. Our site is a venue for performers/venues to list booking availability.Performers can submit bids on events posted by planners/members searching to book performers. Fans/members can network with other individuals, venues & performers. We are not involved in the actual transaction between venues/fans/planners/members and performers, and we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of performers to perform or meet the expectations or the ability of venues/planners/members to book performers. We cannot ensure that a venue/planner/member or performer will actually complete a transaction.
E. Information Control. We do not control the information or content provided by GigSMACK users which is made available on our website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
F. Booking. All parties have the ability to modify or decline a booking request and make additional changes during each stage of negotiation. A booking request becomes final and binding between the performers and venues/planners/members if the parties agree and accept the terms of their booking request. By accepting a booking request, you agree to be bound by the conditions included in the booking request and any attached contract so long as those conditions are not in violation of this Agreement or are unlawful. Any problems or issues with any agreement you enter into with any other GigSMACK user must be handled with them directly. GigSMACK is NOT a party to any contractual agreement between any parties.
G. Release of GigSMACK. GigSMACK cannot and does not confirm each user's purported identity. Because we are not involved in the actual transaction between venues/planners/members and performers, in the event that you have a dispute with one or more users, you release GigSMACK , and our officers, directors, agents, subsidiaries and employees, from any and all claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
H. Acts by Third Parties. GigSMACK is not responsible for any transactions between members or individuals on the site. GigSMACK is merely a venue and conduit and has no responsibility for any disagreements between two parties on the site, such as non-payment for gigs, no-shows, mis-bookings, and miscommunication between booking parties. In addition, GigSMACK is not liable for any acts by pranksters or non-credible people on the site.
I. Password Information. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities on your account. Please notify us immediately of any unauthorized use of your password, account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time to access the Service.
J. Obey the Law. You agree not to use the Service for illegal purposes or for the transmission of material that is harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, obscene, that infringes the rights of others, or in any way interferes with our ability to provide the Service to our customers. You are solely responsible for all content you transmit through the Service.
K. Restrictions on Commercial Use or Resale. You agree not to resell or make any commercial use of the Service. Your right to use the Service is personal to you.
L. Proprietary Rights. You acknowledge and agree that GigSMACK and our licensor(s) own all rights to this Web site and content. You are only permitted to use this content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of our technology.
M. Use of Marks, Materials and Suggestions. GigSMACK names, logos, related products, service names, design marks and slogans are the property of GigSMACK. Any copies made of the materials must bear any copyright, trademark or other proprietary notice which pertains to the material being copied. Except as authorized herein, you are not granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. We, and/or any third party owner of such rights retain all such rights. Any feedback, questions, comments, suggestions, or ideas, which you submit will be treated as non-confidential and nonproprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
N. Endorsements. All product and service marks contained on or associated with the Service that are not our marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
4. RIGHTS YOU GRANT TO US
A. Content You Provide. Subject to our Privacy Policy, which is available on the web site, you are licensing to us any "Content", which includes data and or personal information obtained from your third party accounts, or data which you provide through or to us and the Service. We may use, modify, display, distribute and create new material using such Content but only to provide the Services to you. By using the Service, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above.
B. Account Access. In order to ensure that we are able to provide high quality Services that are responsive to members' needs, you agree that our employees, auditors, attorneys and other agents may have access to your account and records as reasonably needed to investigate complaints, comply with applicable laws and to service your account.
5. Other Important Legal Matters
A. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
B. Appropriateness of Content. From this site, users may view on the GigSMACK site or be directed to sites containing information or material that may be offensive or inappropriate. We make no effort to review the content of these sites, nor are we responsible for the validity, legality, copyright compliance, or decency of the content. In addition, we do not endorse or control the content of any other user and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, nor are we responsible or liable for content that infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is available via the Service.
C. LIMITATION OF LIABILITY. YOU AGREE THAT GigSMACK WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
D. Indemnification. Except when caused by, arising from, or related to our intentional misconduct or gross negligence, you agree to protect and fully compensate us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E. Service Changes and Discontinuation. GigSMACK reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. In order to maintain the security and integrity of the Service GigSMACK may also suspend your access to the Service at any time without notice. You agree that GigSMACK will not be liable to You or any third party for any modification or discontinuance of the Service.
F. Other. This agreement cannot be changed nor any of our rights waived unless GigSMACK agrees in writing. This agreement is personal to you and you may not assign it to anyone. All notices to us must be made in writing. GigSMACK shall not be considered an agent or other legal representative of the other for any purpose by reason of this agreement. Nothing contained in this agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal, agent, employer or employee between us. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of the State of New York apply to this agreement without giving effect to its conflicts of laws provisions or your actual state or country of residence. These Terms constitute the entire understanding between you and us about the Service.
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