GigFeast.com Web Site Terms and Conditions of Use
Updated As Of: May 31st, 2017
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 [thirteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
3. USE LICENSE
Permission is granted to temporarily download one copy of the materials (information or software) on GigFeast’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
– modify or copy the materials;
– use the materials for any commercial purpose, or for any public display (commercial or non-commercial) other than booking and marketing live music events;
– attempt to decompile or reverse engineer any software contained on GigFeast’s web site;
– remove any copyright or other proprietary notations from the materials; or
– transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by GigFeast at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Unless otherwise stated, www.GigFeast.com and/or its licensors own the intellectual property rights published on this website and materials used on www.GigFeast.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
– republish material from this website in neither print nor digital media or documents (including republication on another website);
– sell, rent or sub-license material from the website;
– show any material from the website in public;
– reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
– edit or otherwise modify any material on the website;
– redistribute material from this website – except for content specifically and expressly made available for redistribution; or
– republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
4. ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.GigFeast.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without www.GigFeast.com’s express written consent.
– data mining
– data extraction
– data harvesting
– ‘framing’ (iframes)
– Article ‘Spinning’
5. RESTRICTED ACCESS
Access to certain areas of this website is restricted. www.GigFeast.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.GigFeast.com may change or modify this policy without notice.
If www.GigFeast.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
www.GigFeast.com may disable your user ID and password at www.GigFeast.com’s sole discretion without notice or explanation.
6. USER CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to www.GigFeast.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to www.GigFeast.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or www.GigFeast.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
www.GigFeast.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.GigFeast.com, or hosted or published upon this website.
www.GigFeast.com’s rights under these terms and conditions in relation to user content, www.GigFeast.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
7. MANAGEMENT FEES, BAND PAYMENTS AND PERFORMANCES
By using this website, you agree to accept payments through this website. You further agree to GigFeast withholding a 10% management commission on all payments received through this website on behalf of you, or the bands or musicians whose profile pages you manage. You agree that payments will be made to GigFeast, who will then forward the remaining 90% on to you via specified methods, which currently include PayPal or Check. This feature is intended solely for Venues to pay Bands for live music performances, and other entertainers for other types of performances. You must not use this payment feature for any other purpose, and you must not use this feature for illegal activity of any kind. GigFeast will monitor use of the payment feature and immediately report suspicious use of the payment feature to appropriate authorities.
By using this website you agree to perform at the locations, times and for the fees discussed and agreed to between you and any Venue you may discuss such shows with. These Terms of Service, combined with your messaging discussions between you and any one or more venues will serve as a binding contract between you and the Venue. Additional terms of the performance will be as outlined in your discussions with the Venue.
The materials on GigFeast’s web site are provided “as is”. GigFeast makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GigFeast does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
GigFeast makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, www.GigFeast.com does not warrant that:
– this website will be constantly available, or available at all; or
– the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
In no event shall GigFeast or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on GigFeast’s Internet site, even if GigFeast or a GigFeast authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
10. REVISIONS AND ERRATA
The materials appearing on GigFeast’s web site could include technical, typographical, or photographic errors. GigFeast does not warrant that any of the materials on its web site are accurate, complete, or current. GigFeast may make changes to the materials contained on its web site at any time without notice. GigFeast does not, however, make any commitment to update the materials.
GigFeast has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GigFeast of the site. Use of any such linked web site is at the user’s own risk.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
14. OTHER PARTIES
You accept that, as a sole proprietorship, GigFeast has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against GigFeast’s owner, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect GigFeast’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as GigFeast.
15. UNENFORCABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify GigFeast and undertake to keep GigFeast, its owner, officers and employees indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by GigFeast to a third party in settlement of a claim or dispute on the advice of GigFeast’s legal advisers) incurred or suffered by GigFeast arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
17. BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to GigFeast’s other rights under these terms and conditions, if you breach these terms and conditions in any way,GigFeast may take such action as GigFeast deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
GigFeast may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
GigFeast may transfer, sub-contract or otherwise deal with GigFeast’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
21. ENTIRE AGREEMENT
22. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of VIRGINIA, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of VIRGINIA, USA.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.