TERMS OF USE OF WEBSITE AND SERVICE
These Terms and Conditions form a valid and binding electronic contract under the Information Technology Act of 2000 read with Rulesframed thereunder, by and between “Artist Provider” and the Member/User (as defined later). These Terms and Conditions govern: use and access of the Site as well as the provisions of services and general relationship.
ThIS Site provides online booking and promotional tools and platform for artists, performers, musicians, agents, talent (referred to as “Talent”), and event planners and entertainment/performance buyers of all types (referred to as “Client”). In these Terms and Conditions, the words “you”, “your”, “Member” and “User” refers to any person accessing or using the Site (which may imply either a Talent or a Client, as the case may be), and the words “we”, “us”, and “our” refers to Gigvie.
Reserved Rights: Without limitation to all other rights, we expressly reserve the right at any time to:
1. Modify these Terms and Conditions; 2. Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories, business models, offerings; 3. Terminate the membership/user account of any Member that does not comply with these Terms and Conditions; 4. Modify fee structure or charges for using the Site or its services.
Online Conduct : At all times when using or accessing this Site, you agree that:
1. You are solely responsible for the content or information you publish or display (hereinafter, the “Post”) on the Site or transmit to other Members. 2. Not to: 1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. 2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. 3. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer 4. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner. 3. You will not falsify your identity, misrepresent yourself or cause any misleading information to be entered in any way on the Site or in your Gigvie Profile. 4. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Site. 5. You will not transmit any chain letters, spam or junk email to other Members or to Us. 6. You will not express or imply that any statements you make are endorsed by Us, without our specific prior written consent. 7. You will not harvest or collect personal information about other Members whether or not for commercial purposes, without our written consent. 8. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. 9. You will not post, email or otherwise transmit any material that contains software viruses or malware. 10. You hereby grant Gigvie permission to add content to Your user profile at its sole discretion, by uploading content found on the website link that you post as your “Official Website” or “public profile” in order to increase the quality or presentation of your Profile. 11. You will not modify, adapt, sub–license, translate, sell, reverse engineer, decipher, de–compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so. 12. You are solely responsible for your interactions with other Members. Gigvie reserves the right, but has no obligation to monitor disputes between you and other Members. 13. If the Site provides review options, you will not, for any reason, directly or indirectly submit reviews to a Profile with which you are affiliated. Reviews shall only be posted by actual clients who had booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at Our discretion. Also, writing reviews for Your competitors with the intent of affecting their reputation will result in immediate termination of Your User account without any refunds. 14. You will not re–sell or re–offer any lead you receive through Gigvie to another Talent and/or Client (as the case may be), nor will you re–offer or post to any website any lead you receive through your relationship with this Site.
Failure to comply with these provisions outlined above may result in immediate suspension or termination of your right to use the Site. Gigvie reserves the right, in its sole discretion and in all instances, to determine whether a Member/User has or has not complied with any provision contained in these Terms.
Licenses and Statutory Compliances
1. Users agree that the Client shall be responsible for obtaining all licenses, permits, consents and approvals for hosting the event/performance, and shall be responsible for all statutory compliances related to the event at its cost. If due to any circumstance, Gigvie is compelled or obliged to bear any statutory, regulatory, industry–association, trade–body, etc. imposed royalty, levy, commission, charge, etc. of whatsoever reason, the same shall be additionally reimbursed and indemnified by the Client on demand by Gigvie.
2. Users agree that Gigvie is only a platform for bringing together the Talent and Client and is not involved with the actual organization and hosting of the event or performance, which is the sole responsibility of the Client. Gigvie is not liable for any defaults for non–compliance with statutory rules and regulations applicable on the event. Artist Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Services to be listed, including, but not limited to, the location, past work history, equipment, availability of the Services and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Services via the Site, Application and Services based upon the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Client engagement, with Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Gigvie assumes no responsibility for an Artist’s compliance with any applicable laws, rules and regulations. Gigvie reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Gigvie, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
You understand and agree that Gigvie does not act as an insurer or as a contracting agent for you as an Artist. If a Client requests a booking of your Services and retains your Services, any agreement you enter into with such Client is between you and the client; and Gigvie is not a party thereto. Notwithstanding the foregoing, Gigvie serves as the limited authorized agent of the Artist for the purpose of accepting payments from Clients on behalf of the Artist and is responsible for transmitting such payments to the Artist.
Gigvie does not endorse any Members or any Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Gigvie is not responsible for any damage or harm resulting from your interactions with other Members. Bookings and Financial Terms for Clients
The Artists, not Gigvie, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site, Application and Services. If you, as a Client, choose to enter into a transaction with an Artist for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Artist and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Artist. You acknowledge and agree that you, and not ArtiGigvie, will be responsible for performing the obligations of any such agreements, that Gigvie is not a party to such agreements, and that, with the exception of its payment obligations hereunder, ArtiGigvie disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Gigvie is not a party to the agreement between you and the Artist, Gigvie acts as the Artist’s payment agent for the limited purpose of accepting payments from you on behalf of the Artist. Upon your payment of amounts to Gigvie which are due to the Artist, your payment obligation to the Artist for such amounts is extinguished, and Gigvie is responsible for remitting such amounts, less Gigvie’s Fees, to the Artist. In the event that Gigvie does not remit any such amounts to an Artist, such Artist will have recourse only against Gigvie.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Client, you wish to cancel a confirmed booking made via the Site, Application and Services, prior to the date of Services, the cancellation policy of the Artist contained in the applicable Booking will apply to such cancellation. Our ability to refund the Artist Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If an Artist cancels a confirmed booking made via the Site, Services, and Application, (i) Gigvie will refund the Total Fees for such booking to the applicable Client within a commercially reasonable time of the cancellation and (ii) the Client will receive an email or other communication from Gigvie containing alternative Listings and other related information. If the Client requests a booking from one of the alternative Listings and the Artist associated with such alternative Listing confirms the Client’s requested booking, then the Client agrees to pay Gigvie the Total Fees relating to the confirmed booking for the services in the alternative Listing, in accordance with these Terms. If an Artist cancelled a confirmed booking and you, as a Client, have not received an email or other communication from Gigvie, please contact Gigvie at [email protected] Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Gigvie is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Gigvie of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Under age user policy. In order to use Gigvie you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from registering for and/or booking talent on this website. A legal guardian of a Minor may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account. You represent that the information that you provide about yourself as requested in any account registration form on Gigvie is accurate and complete.
