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The User Agreement below is for all users effective November 20, 2002.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH GIGMASTERS OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the User Agreement for Gigmasters.com, Inc. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.gigmasters.com and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Gigmasters. We strongly recommend that, after you read this User Agreement, you also access and read other pertinent pages of the Gigmasters web site, as they may contain further terms and conditions that apply to you as a Gigmasters user.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement is effective on November 20th, 2002 for new registering users and for all existing users who registered prior to November 20th, 2002.

1.0  Gigmasters is a Venue.

Gigmasters is not a booking ‘agent’. Although we are commonly referred to as an online booking agent, it is important to realize that we are not a traditional "booking agent." Instead, our site acts as a venue to allow anyone to buy and sell live entertainment services. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell services or the ability of buyers to buy services. We cannot ensure that a buyer or seller will actually complete a transaction.

1.1  Release.

Because we are a venue, in the event that you have a dispute with one or more Gigmasters Members or users, you release Gigmasters (and our officers, directors, agents, subsidiaries, joint ventures 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. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

1.2  Information Control.

We do not control the information provided by other Members and users that is made available through our system. You may find other Members and user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Gigmasters is not responsible for the acts or omissions of users on the Site.

1.3  Fraud.

Without limiting any other remedies, Gigmasters may suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.

1.4  Feedback Integrity.

You may not take any actions that may undermine the integrity of the Gigmasters feedback system. We may limit the number of client feedback reviews you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of 0 (zero), your Gigmasters Membership may be suspended. If you engage in the practice of libel, slander, foul language, threats and/or threatening language, Gigmasters has the right to remove or edit your feedback. Gigmasters also has the right not to edit or remove your feedback. All feedback will be published live on the Gigmasters Site at the discretion of Gigmasters.

1.5  Feedback Export.

You acknowledge that your feedback consists of comments left by other Members and users and a composite feedback number compiled by Gigmasters, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating booking between Gigmasters Members and users, you agree that you shall not market or export your Gigmasters feedback rating in any venue other than a Gigmasters operated website.

1.6  Feedback Import.

We do not provide you the technical ability to import feedback from other (non-Gigmasters operated) websites to Gigmasters because a composite number, without the corresponding feedback does not reflect your true online reputation within the Gigmasters community of Members and users.

2.0  Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GIGMASTERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF GIGMASTERS OR A GIGMASTERS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

3.0  Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

4.0  Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of live entertainment services and other related items.

5.0  No Agency.

You and Gigmasters are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

6.0  Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Gigmasters, Inc. Attn: Legal Department, 73 Redding Road - Suite 7, Redding, CT 06896 (in the case of Gigmasters) or to the e-mail address you provide to Gigmasters during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Gigmasters during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

7.0  Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Gigmasters to collect our fees and/or recover damages for, or obtain an injunction relating to, the Gigmasters site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Gigmasters may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or Gigmasters pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

8.0  Entertainer Membership.

Gigmasters has the explicit right to temporarily suspend or permanently de-activate the Membership of any Gigmasters Member who fails to reply to three or more consecutive gig-alert emails. Gigmasters has the explicit right to temporarily suspend or permanently de-activate the Membership of any Gigmasters Member who falsifies bookings and/or client information. Gigmasters has the explicit right to temporarily suspend or permanently de-activate the Membership of any Gigmasters Member who has been a "no-show" for more than one Gigmasters booking and/or fails to return the client's deposit for said no-show. Gigmasters has the explicit right to temporarily suspend or permanently de-activate the Membership of any Gigmasters Member who cancels (for any reason) a booking on a Gigmasters client and subsequently fails to return the client's deposit. Gigmasters has the explicit right to temporarily suspend or permanently de-activate the Membership of any Gigmasters Member who posts contact information on said Member's Gigmasters Press Kit. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in Press Kit photos, Press Kit text, and Press Kit audio/video samples. Capital letters may not be used when not appropriate in Press Kit group names and Press Kit descriptions. Derogatory and/or slanderous comments made by Gigmasters Members about other Gigmasters Members and/or other non-Gigmasters Members are not permitted. Derogatory and/or slanderous comments made by Gigmasters Members about other implied Gigmasters Members and/or other implied non-Gigmasters Members are not permitted. Falsifying bookings with an attempt to deceive Gigmasters clientele by artificially inflating ratings and booking totals is not permitted. Discouraging clients from hiring other Gigmasters Members is not permitted. Gigmasters also has the explicit right to remove any Gigmasters Member at any time as circumstances warrant.

9.0  Two Strike Rule.

If Gigmasters has warned any Gigmasters Member one-time about any Membership violations in this User Agreement, and said Member has corrected and resolved the violation, and then said Member violates anything contained within the Gigmasters User Agreement a second time, Gigmasters shall permanently ban said Member from Gigmasters Membership effective immediately. Gigmasters also has the explicit right to remove any Gigmasters Member at any time as circumstances warrant.

10.0  Client Membership.

There is no charge to use our site and contact our entertainers. If you end up hiring Gigmasters entertainment for your event, we charge you a nominal booking fee ($20 minimum) of 5%. The fee is only due if the Gigmasters entertainer performs at your event. If the entertainer does not play your event, the fee will be refunded to you. If you own one of our Professional Memberships, you are exempt from 5% booking fees on all bookings for the duration of your Membership.

11.0  Disclosures.

The services hereunder are offered by Gigmasters, Inc., located at 73 Redding Road - Suite 7, Redding, CT 06896. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

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