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Gigtimes Terms of Service Agreement |
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Gigtimes.com
is an online music community that connects people
through networks of musicians, venues, and fans
for communicating, sharing and supporting the
live music scene. The Gigtimes service is operated
by Gigtimes, LLC. ("We, "us," or "Gigtimes.com,"
"Gigtimes"). By using the Gigtimes web site
(the "Website") you agree to be bound by these
Terms of Service (this "Agreement"). In addition,
when one chooses to become a Gigtimes Member
(a "Member") and communicate with other Members
and make use of the Gigtimes service (the "Service"),
that indicates your acceptance of its terms. |
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This
Agreement sets out the legally binding terms
of your use of the Website (whether or not you
become or remain a Member) and your membership
in the Service, if any, and may be modified
by us at any time without prior notice. All
such modifications will be effective upon posting
on the Website, and any use by you of the Website
or the Service after the posting of any such
modification will constitute your agreement
to that modification. The terms of our Privacy
Statement, and any notices regarding the Website
or the Service sent to you or posted on the
Website are incorporated into and made part
of this Agreement. Links to copies of each of
these policies and notices can be found on the
Gigtimes Home Page. |
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1.
Eligibility. You must be eighteen or
over to register as a Member or to use the Website.
Use of the Website and membership in the Service
are void where prohibited. By agreeing to these
terms or by using the Website, you represent
and warrant that you have the right, authority,
and capacity to enter into this Agreement and
to abide by all of the terms and conditions
of this Agreement. |
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2.
Term. This Agreement will remain in
full force and effect while you use the Website
and/or are a Member. You may terminate your
membership at any time, for any reason by following
the instructions on the Cancel Account page
in Account Settings. We may terminate your membership
for any reason, at any time. |
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3.
Other Agreements. Any other arrangements
or agreements, including by way of example only,
any show bookings, you make between yourself
and any other Members are strictly between you
and the other party and Gigtimes is not a party
to any such agreements. Should a party fail
to perform under any such agreement, your rights
and remedies are solely against such third party
and you specifically acknowledge that you shall
have no rights, remedies, or causes of action
against Gigtimes under any conditions or for
any reason by reason of such agreements. Without
limiting the generality of Section 13 below,
should Gigtimes be threatened by any party or
named in any lawsuit or cause of action related
to any such agreement, you agree to hold harmless
and indemnify Gigtimes, including but not limited
to payment to Gigtimes of its reasonable attorneys
fees in defending any such claims. |
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4.
Use by Members. The Services are for
the use of Members only and may not be used
in connection with any commercial endeavors
except the connection of members for the sharing
of information related to acts or venues. Illegal
and/or unauthorized use of the Services, including
collecting usernames and/or email addresses
of Members by electronic or other means for
the purpose of sending unsolicited email or
unauthorized framing of or linking to the Website
is prohibited. Commercial advertisements, affiliate
links, and other forms of solicitation may be
removed from Member profiles without notice
and may result in termination of Membership
privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of
the Services. |
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5.
Proprietary
Rights in Content on Gigtimes.com. |
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a.
By displaying or publishing ("posting")
any Content, messages, text, files, images,
photos, video, sounds, profiles, works
of authorship, or any other materials
(collectively, "Content") on or through
the Services, you hereby grant to Gigtimes.com,
a non-exclusive, fully-paid and royalty-free,
worldwide license (with the right to sublicense
through unlimited levels of sublicensees)
to use, copy, modify, adapt, translate,
publicly perform, publicly display, store,
reproduce, transmit, and distribute such
Content on and through the Services. This
license will terminate at the time you
remove such Content from the Services.
You represent and warrant that: (i) you
own the Content posted by you on or through
the Services or otherwise have the right
to grant the license set forth in this
section, and (ii) the posting of your
Content on or through the Services does
not violate the privacy rights, publicity
rights, copyrights, contract rights or
any other rights of any person. You agree
to pay for all royalties, fees, and any
other monies owing any person by reason
of any Content posted by you to or through
the Services. |
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b.
The Services contain Content
of Gigtimes, LLC ("Gigtimes.com Content").
Gigtimes.com Content is protected by copyright,
trademark, patent, trade secret and other
laws, and Gigtimes.com owns and retains
all rights in the Gigtimes.com Content
and the Services. Gigtimes.com hereby
grants you a limited, revocable, nonsublicensable
license to reproduce and display the Gigtimes.com
Content (excluding any software code)
solely for your use in connection with
viewing the Website and using the Services. |
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c.
The Services contain Content of Users
and other Gigtimes.com licensors. Except
for Content posted by you, you may not
copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display,
or sell any Content appearing on or through
the Services. |
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6.
Content Posted by You to the Service and the Website.
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a.
Profile Information. PLEASE NOTE:
The Service includes an option which allows
Members to determine who may view the
events on their calendar. If you do not
choose to keep your “gig”
private then the “gig” will
be posted on your external profile and
can be viewed by "Anyone," you
should be aware that anyone who accesses
the Website, whether or not they are a
Member, will be allowed to view all of
the information in your profile. In addition,
your public profile will be available
to anyone, regardless of the level of
access you've chosen for your full Gigtimes
profile. You are solely responsible for
the Content that you post on or through
any of the Services, and any material
or information that you transmit to other
Members and for your interactions with
other Users. Gigtimes.com does not endorse
and has no control over the Content. Please
choose carefully the information you post
on Gigtimes.com and that you provide to
other Users. Gigtimes.com advises Fan
Members not to include the following items
on their profile: telephone numbers, street
addresses, last names. Gigtimes.com prohibits
all Members to include and any photographs
containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit
or otherwise objectionable subject matter
on profiles. Despite this prohibition,
information provided by other Gigtimes.com
Members (for instance, in their Profile)
may contain inaccurate, inappropriate,
offensive or sexually explicit material,
products or services, and Gigtimes.com
assumes no responsibility or liability
for this material. |
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b.
Public Profile Information. Regardless
of what personal information a you choose
to include in your Gigtimes profile, or
what level of sharing of your profile
you choose, certain information about
every Gigtimes Member will be included
in that Member's "public profile."
A Member's public profile is an abbreviated
version of the Member's regular Gigtimes
profile, containing the information listed
below, which will be available to any
user of the Website, as well as to the
general public through, for instance,
search engines like Yahoo! or Google.
Each Member's public profile includes
the following information about the Member:
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•
Member Type (Musician, Venue, Fan)
• Name (first, or first and
last, username, band name, venue
name, depending on which option
the Member chooses)
• Gender
• Age
• Location
• "Member Since"
date
• Profile views
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c.
Removal of Content. You understand
and agree that we may review and delete
any Content that you include in your profile,
or otherwise Post on any area of the Website
(which may include deleting your entire
profile) that we, in our sole judgment,
believe (1) violates this Agreement, (2)
might be offensive or illegal, or (3)
might violate the rights of, harm, or
threaten the safety of any other Member.
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d.
Member Identity. Your profile
must accurately describe you, an individual
person or the band and/or venue that you
represent. Examples of inappropriate profiles
include, but are not limited to, profiles
that purport to represent an animal, inanimate
object, fictional character, or real individual
who is not you. |
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e.
Member Responsibility for Content.
You are solely responsible for the Content
that you Post on the Website or the Service,
or transmit to other Members. |
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f.
Prohibited Content. Below is
a partial list of the kind of Content
that is illegal or prohibited on the Website.
Posting of any of this Content by you
may, in our sole discretion, result in
termination of your membership. In addition,
we reserve the right to investigate and
take appropriate legal action, in our
sole discretion, against anyone who violates
this provision, including without limitation,
removing the offending communication from
the Website and reporting such violators
to the appropriate legal authorities.
Prohibited Content includes, but is not
limited to, Content which, in our sole
judgment: |
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•
is patently offensive to the online
community, such as Content that
promotes racism, bigotry, hatred
or physical harm of any kind against
any group or individual;
• harasses or advocates harassment
of another person;
• involves the transmission
of "junk mail," "chain
letters," "spam,"
or any other unsolicited mass mailing,
e-mailing, or other communication;
• includes any information
that (1) you know is false or misleading,
(2) promotes illegal activities
or conduct that is abusive, or (3)
is threatening, obscene, defamatory,
or libelous;
• constitutes or includes
any illegal or unauthorized copy
of another person's copyrighted
or copyrightable work, including,
but not limited to, (1) pirated
computer programs or links to them,
(2) information which circumvents
manufacturer-installed copy-protect
devices, (3) pirated music or links
to pirated music files, or (4) Content
which otherwise violates the terms
of Section 8 below;
• displays pornographic or
sexually explicit material of any
kind;
• includes material that exploits
people under the age of 18 in a
sexual or violent manner, or is
intended to solicit personal information
from anyone under 18;
• provides instructional information
about illegal activities such as
making or buying illegal weapons,
violating someone's privacy, or
providing or creating computer viruses;
• solicits passwords or personally
identifying information for commercial
or unlawful purposes from other
Members;
• constitutes or includes
any promotion, sales or other commercial
activity such as contests, sweepstakes,
barter, advertising, or pyramid
schemes; or
• solicits people you don't
know to add you or accept you as
a friend on the Service.
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Even
though all of the above Content is strictly
prohibited, there is a small chance that
you might become exposed to such items
while using the Website or the Service.
If so, neither we, nor any of our officers,
directors, employees, shareholders, advertisers,
or corporate partners will in any way
be responsible for any damages (to or
from any party) related to any such exposure.
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7.
Further Restrictions on Your Use of the
Website and the Service. |
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a.
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You
must use the Website and the Service
in a manner consistent with any
and all applicable laws and regulations. |
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b.
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You
may not include in your Member profile
any telephone numbers, street addresses,
or e-mail addresses. |
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c. |
Although
Gigtimes cannot monitor the conduct
of its Members off the Website,
it is a violation of this Agreement
to use any information obtained
from the Service or the Website
in order to harass, abuse, or harm
another person, or in order to contact,
advertise to, solicit, or sell to
any Member without the prior explicit
written consent of such Member and
Gigtimes. In order to protect our
Members from such conduct, we reserve
the right to restrict the number
of e-mails or other communications
which a Member may send to other
Members at any time and in our sole
discretion. |
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8.
Copyright Protection Policy. You
may not Post, distribute, or reproduce
in any way any copyrighted material, trademarks,
or other proprietary information owned
by another party without obtaining the
prior written consent of the owner. If
you believe that your work has been copied
and Posted on the Website in a way that
constitutes copyright infringement, please
contact us at copyright@gigtimes.com.
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9.
Member Disputes. You are solely
responsible for your interactions with
other Members. We reserve the right, although
we have no obligation, to monitor disputes
between you and other Members, we reserve
the right to take any action that we feel
may be appropriate in our sole discretion,
consistent with the terms of this Agreement,
including the termination of the membership
of one or more Members. |
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10.
Disclaimers. |
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a.
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Gigtimes.com
not responsible for any incorrect
or inaccurate Content Posted on
the Website or in connection with
the Service, whether caused by users
of the Website, Members, our advertisers
or corporate partners, or by any
of the equipment or programming
associated with or utilized in the
operation of the Website or the
Service. |
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b.
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Gigtimes.com
is not a booking agent, Gigtimes.com
does not represent any of the musicians,
bands or venues on this site. All
musicians, bands and venues represent
themselves, therefore Gigtimes makes
no claim regarding the accuracy
or authenticity of any of the information,
profile descriptions, audio samples,
videos, photographs, etc. regarding
the members of this site. It is
the sole responsibility of the person(s),
musician(s), and band(s) to further
investigate the communicated gig
date, time, and compensation (if
applicable) with the said venue
by calling/emailing, etc once a
gig time is decided. It is the sole
responsibility of the person(s)
and/or venue(s) contacting or hiring
any musicians and/or bands to further
investigate the band's/musician's
services by calling/emailing the
member(s), obtaining a demo CD,
promotion package, arranging an
audition and/or seeing the band
play live before you determine if
this band is the right band for
your venue. In the event that you
have a dispute with one or more
Gigtimes Members or users, you release
Gigtimes, LLC (and our officers,
directors, and employees) from 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. |
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c.
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WE
ARE NOT RESPONSIBLE FOR THE CONDUCT,
WHETHER ONLINE OR OFFLINE, OF ANY
MEMBER OR OTHER USER OF THE WEBSITE.
UNDER NO CIRCUMSTANCES WILL WE BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE,
INCLUDING PERSONAL INJURY OR DEATH,
RESULTING FROM ANYONE'S USE OF THE
WEBSITE OR THE SERVICE, ANY CONTENT
POSTED ON THE WEBSITE OR TRANSMITTED
TO MEMBERS OR OTHER USERS, OR ANY
INTERACTIONS BETWEEN OR AMONG MEMBERS
OR OTHER USERS OF THE WEBSITE, WHETHER
ONLINE OR OFFLINE. |
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d.
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We
assume no responsibility for any
error, omission, interruption, deletion,
defect, delay in operation or transmission,
communications line failure, theft
or destruction or unauthorized access
to, or alteration of, user or Member
communications. We are not responsible
for any problems or technical malfunction
of any telephone network or lines,
computer online systems, servers
or providers, computer equipment,
software, failure of e-mail or players
on account of technical problems
or traffic congestion on the Internet
or at any website or combination
thereof. We are not responsible
for any injury or damage to any
computer equipment belonging to
any user of the Website, any Member,
or any other person related to or
resulting from use of the Website,
viewing, playing or downloading
any materials on or from the Website,
or otherwise in any way in connection
with the Service. The Website, the
Service, and the Content are all
provided "AS-IS" and,
except as otherwise prohibited by
applicable law, we expressly disclaim
any warranty of any kind, including,
but not limited to warranties of
merchantability, fitness for a particular
purpose, and non-infringement. We
cannot guarantee and do not promise
any specific results from use of
the Website or the Service. No advice
or information, whether oral or
written, obtained by you from us,
or from or through the Website or
the Service shall create any warranty
not expressly stated herein. |
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11.
Limitations on Liability. Notwithstanding
any other provision of this Agreement,
our entire liability to you for any cause
whatsoever, and regardless of the form
of the action, will at all times be limited
to the amount paid, if any, by you to
us for the Service during the term of
this Agreement. Except in jurisdictions
where such provisions are restricted,
in no event will we be liable to you or
any third person for any indirect, consequential,
exemplary, incidental, special or punitive
damages, including lost profits arising
from your use of the Website or the Service,
even if we have been advised of the possibility
of such damages. |
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12.
Disputes.
If there is any dispute between you and
us about or involving the Website or the
Service, by using the Website or the Service,
you agree that the dispute will be governed
by the laws of the State of Massachusetts
without regard to its conflict of law
provisions. You agree to personal jurisdiction
under and venue in the state and federal
courts located in Boston, Massachusetts
for the resolution of any such dispute.
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13.
Indemnity. You
agree to indemnify and hold Gigtimes,
its subsidiaries, affiliates, officers,
agents, employees, and corporate or other
partners harmless from any loss, liability,
claim, or demand, including reasonable
attorneys. fees, arising out of or relating
to: (a) your use of the Website or the
Service (including the Posting by you
of any Content on the Website) in violation
of this Agreement; (b) any other breach
of this Agreement by you; or (c) any breach
of your representations and warranties
set forth above. |
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14.
No Agency. There
is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee
relationship between you and us or between
us and any other Member or user of the
Website. |
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15.
Survival Although this Agreement may be
terminated by you or us at any time and
for any reason, the terms of the following
sections of this Agreement will survive
any such termination, and you and we will
continue to be bound by such terms indefinitely:
Section 2 (Term), Section 5 (Proprietary
Rights in Content), Section 9 (Member
Disputes), Section 10 (Disclaimers), Section
11 (Limitation on Liability), Section
12 (Disputes), Section 13 (Indemnity),
Section 15 (Survival), and Section 16
(Other). |
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16.
This
Agreement contains the entire agreement
between parties hereto relating to the
subject matter hereof, and supersedes
all previous communications or agreements
between the parties and/or their respective
representatives relating to the subject
matter hereof. No oral understandings,
statements, promises, or inducements contrary
to the terms of this Agreement exist.
This Agreement cannot be changed, modified
or terminated orally. |
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17.
Other. This Agreement is accepted upon
your use of the Website or any of the
Services and is further affirmed by you
becoming a Member. This Agreement constitutes
the entire agreement between you and Gigtimes.com
regarding the use of the Services. The
failure of Gigtimes.com to exercise or
enforce any right or provision of this
Agreement shall not operate as a waiver
of such right or provision. The section
titles in this Agreement are for convenience
only and have no legal or contractual
effect. Gigtimes.com is a trademark of
Gigtimes, LLC. This Agreement operates
to the fullest extent permissible by law.
If any provision of this Agreement is
unlawful, void or unenforceable, that
provision is deemed severable from this
Agreement and does not affect the validity
and enforceability of any remaining provisions.
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Gigtimes
is a service mark of Gigtimes, LLC. |
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I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE. |
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