User Agreement

The User Agreement below is for all users effective April 8, 2009.

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" nor are we employment agents. 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.
Also, GigMasters is not a law firm and does not provide Legal Advice (as defined below). Your use of the GigMasters web site or any GigMasters service does not create an attorney-client relationship between you and GigMasters.
For the purposes of this Agreement, Legal Advice is defined to include the following:
  • any legal-related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
  • advice related to your specific legal or fact situation;
  • advice on which legal document or documents you need or are best for your situation;
  • advice applying the law or drawing any legal conclusions;
  • determining the legal consequences that will or could result from how you have created your legal document;
  • whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
  • whether you have omitted any necessary provisions or details from your legal documents; and
  • whether you require any additional legal documents or legal procedures.
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."
Except as expressly provided in this Agreement, to the maximum extent permitted under applicable law, any sample documents provided or generated by GigMasters (which we call “Sample Documents” in this Agreement) are provided "as is" without any kind of warranty. You accept full responsibility for determining whether any Sample Document is suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in this Agreement, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Sample Documents, or for inaccessibility of Sample Documents whether from errors or omissions in the content of Sample Documents or any other linked sites or for any other reason. Use of Sample Documents is at your own risk.
GigMasters does not represent or warrant that Sample Documents, its server or any linked sites are free of any harmful materials.
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, but is not obligated to, 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, but shall not be obligated to, limit the number of client feedback reviews you ("performer") may place on the Site based upon the level of your feedback.
If you ("performer") 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. Likewise, GigMasters clients are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. GigMasters has the right to remove or edit client feedback. GigMasters also has the right not to edit or remove client feedback.
All feedback will be published live on the GigMasters Site at the discretion of GigMasters. Feedback is not to be used by performers in order to threaten, harass, blackmail, or extort money, goods/services from clients. If GigMasters concludes that feedback has been used by a performer to threaten, harass, blackmail, or extort money, goods/services from clients, GigMasters shall have the right, but not the obligation, to temporarily suspend or permanently remove said performer and said performer's GigMasters Membership from the GigMasters website.
Feedback is not to be used by clients in order to threaten, harass, blackmail, or extort money, goods/services from performers. If GigMasters concludes that feedback has been used by a client to threaten, harass, blackmail, or extort money, goods/services from performers, GigMasters shall have the right, but not the obligation, to temporarily suspend or permanently prevent said client from utilizing the GigMasters website to contact GigMasters performers and book live entertainment through the GigMasters website.
A GigMasters performer may not cancel on a GigMasters client because he or she is afraid of receiving less than perfect or negative client feedback after the event has taken place. If you ("performer") earn an overall net feedback rating of 1 (one), GigMasters shall have the right, but not the obligation, to suspend your GigMasters Membership.
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, 9 Brookside Place, Suite E, 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, but not the obligation, to suspend and/or remove any GigMasters Member from the GigMasters Web Site at any time at its sole discretion. Without limiting the previous sentence, GigMasters has the explicit right, but not the obligation, to suspend and/or remove any GigMasters member from the GigMasters website at any time for any breach or suspected breach of the terms of this Agreement.
8.1 General Rules of Conduct
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the web site, or transmit to other Members or clients.
You will not post on the web site, or transmit to other Members or clients, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
You will use the web site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the web site is void where prohibited.
You will not provide inaccurate, misleading or false information to GigMasters or to any other Member. If information provided to Gigmasters, or another Member or client, subsequently becomes inaccurate, misleading or false, you will promptly notify GigMasters of such change.
You will not engage in advertising to, or solicitation of, other Members or clients to buy or sell any products or services other than live entertainment services through the web site. You will not transmit any chain letters or junk E-mail to other Members or clients.
You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will promptly report to GigMasters any violation of the terms of this Agreement by other Members or clients.
GigMasters reserves the right, but has no obligation, to monitor the materials posted in the public areas of the web site. GigMasters shall have the right, but not the obligation, to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of Gigmasters, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Members or clients that are not readily accessible to the general public will be treated as private by GigMasters to the extent permitted by applicable law.
8.2 Not Responding To Client Leads.
GigMasters has the explicit right to temporarily suspend or permanently de-activate the Membership of any GigMasters Member who fails to reply to five or more consecutive gig-alert emails.
8.3 Falsifying Bookings.
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. Falsifying bookings with an attempt to deceive GigMasters clientele by artificially inflating ratings and booking totals is not permitted.
8.4 No-Shows, Cancellations, & Client Deposit Returns.
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.
8.5 Posting of Contact Information.
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.
8.6 Derogatory Comments & Slander.
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.
8.7 Booking Transaction Interference.
GigMasters Entertainers may not contact a GigMasters client with an offer or suggestion to book a GigMasters Gig ("Gig" has an assigned GigMasters Gig ID number) outside of GigMasters. GigMasters Entertainers are not permitted to interfere with another GigMasters Entertainer's booking. GigMasters Entertainers are not permitted to email or telephone GigMasters clients in an open or completed booking to warn them away from hiring a GigMasters performer. Discouraging clients from hiring other GigMasters Entertainer Members is not permitted. Discouraging and/or preventing clients from booking you through GigMasters is not permitted.
8.8 Farming of Client Leads.
The act of 'farming' out client leads is not permitted. GigMasters defines 'farming' out of client leads as "to give up (as an estate or a business) to another on condition of receiving in return a fixed sum", meaning - GigMasters' entertainers are strictly prohibited from taking client leads provided to them and transferring these client leads to non-GigMasters entertainers and entities. A client lead is only to be utilized by the GigMasters entertainer who received said client lead from GigMasters. If GigMasters.com, Inc. discovers that a particular GigMasters entertainer is farming out client leads, GigMasters reserves the right to temporarily suspend or permanently remove said GigMasters Member from the GigMasters website and to terminate said GigMasters entertainer's Membership.
8.9 Member Press Kit Photos, Audio, & Video.
GigMasters is committed to providing our Members and Users with a secure, comfortable environment. Nude, obscene, sexual, or otherwise offensive photos, audio samples, or video samples are subject to potential removal. If the subject in your photo would be considered unacceptable on a family friendly public beach or not permitted to be shown on regular television, your photo will not be permitted on GigMasters. GigMasters reserves the right to crop or reject any photo at our discretion. GigMasters reserves the right to reject any audio or video sample at our discretion.
8.10 Memberships Which Dissolve Due to Breakups or Other Extenuating Circumstances.
If a GigMasters Member band, ensemble, duo, or trio breaks up, GigMasters reserves the right to keep active, transfer, or terminate said Membership at the discretion of what GigMasters deems ("reasonable man") appropriate, unless outside legal counsel or court of law dictates to the contrary.
8.11 Use of Sample Documents
You agree not to use any Sample Documents for any purpose which is against any law in your jurisdiction.
9.0 Event Cancellations.
9.1 Performer Cancellation More Than 14 Days Prior To The Event.
GigMasters will refund the booking fee and the performer is not assessed a penalty. Client cannot post feedback.
9.2 Performer Cancellation Within 14 Days Of The Event.
GigMasters will refund the booking fee and GigMasters reserves the right to issue the performer a "no show" penalty, GigMasters reserves the right to issue the performer Strike 1, and the performer faces possible suspension or termination of Membership. Client may post feedback.
9.3 Client Cancellation More Than 14 Days Prior To The Event.
GigMasters will refund the booking fee. Client cannot post feedback.
9.4 Client Cancellation Within 14 Days Of The Event.
GigMasters will refund the booking fee. Client cannot post feedback.
9.5 Client Cancellation Up To 30 Days After The Event Date.
GigMasters will refund the booking fee and GigMasters reserves the right to remove feedback.
9.6 Bookings which take place within 14 days of the event date and performer cancels within 48 hours.
GigMasters will cancel the booking, refund the booking fee, and try and help the client find a replacement performer.
9.61 Bookings which take place within 14 days of the event date and performer cancels after 48 hours have passed.
GigMasters will refund the booking fee, GigMasters reserves the right to issue the performer a "no show" penalty, GigMasters reserves the right to issue the performer Strike 1, and the performer faces possible suspension or termination of Membership. Client may post feedback. GigMasters will try and help the client find a replacement performer.
10.0 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.
11.0 Booking Fees.
There is no charge to utilize the GigMasters Web Site to search and contact GigMasters entertainers. If you end up hiring GigMasters entertainment for your event, we charge a 5% ($20 minimum) booking fee. The fee is only due if the GigMasters entertainer performs at your event. If the entertainer does not perform at your event, the fee will be refunded to you. Booking fee refund requests must be filed with GigMasters no later than 30-days after the event date in order for you to receive a booking fee refund.
12.0 Disclosures.
The services hereunder are offered by GigMasters.com, Inc., located at 9 Brookside Place, Suite E, 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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