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1.0 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GigMama 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 GigMama OR A GigMama 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.
In the event that you have a dispute with one or more GigMama Members or users, you release GigMama (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.
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.
2.0 GigMama is a NOT a Booking Agent or Agency.
GigMama is not a booking agent or agency. Gigmama 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.
By using this Site, you agree to accept such risks and GigMama is not responsible for the acts or omissions of users on the Site.
Without limiting any other remedies, GigMama may, but is not obligated to, suspend or terminate your account and/or Membership if we suspect that you (by any method determinable) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
You may not take any actions that may undermine the GigMama feedback system. If you ("performer") engage in the practice of libel, slander, foul language, threats and/or threatening language, GigMama has the right to remove or edit your feedback. GigMama also has the right not to edit or remove your feedback. Likewise, GigMama clients are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. GigMama has the right to remove or edit client feedback. GigMama also has the right not to edit or remove client feedback. All feedback will be published live on the GigMama Site at the discretion of GigMama. Feedback is not to be used by performers in order to threaten, harass, blackmail, or extort money, goods/services from clients. If GigMama concludes that feedback has been used by a performer to threaten, harass, blackmail, or extort money, goods/services from clients, GigMama shall have the right, but not the obligation, to temporarily suspend or permanently remove said performer and said performer's GigMama Membership from the GigMama website. Feedback is not to be used by clients in order to threaten, harass, blackmail, or extort money, goods/services from performers. If GigMama concludes that feedback has been used by a client to threaten, harass, blackmail, or extort money, goods/services from performers, GigMama shall have the right, but not the obligation, to temporarily suspend or permanently prevent said client from utilizing the GigMama website to contact GigMama performers and book live entertainment through the GigMama website.
4.0 No Agency.
You and GigMama are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to GigMama, Inc. Attn: Legal Department, (in the case of GigMama) or to the e-mail address you provide to GigMama 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 GigMama during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by GigMama to collect our fees and/or recover damages for, or obtain an injunction relating to, the GigMama 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 GigMama 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 GigMama 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.
7.0 Entertainer Membership.
GigMama has the explicit right, but not the obligation, to suspend and/or remove any GigMama Member from the GigMama Web Site at any time at its sole discretion. Without limiting the previous sentence, GigMama has the explicit right, but not the obligation, to suspend and/or remove any GigMama member from the GigMama website at any time for any breach or suspected breach of the terms of this Agreement.
8.0 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 GigMama or to any other Member. If information provided to Gigmama, or another Member or client, subsequently becomes inaccurate, misleading or false, you will promptly notify GigMama 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 GigMama any violation of the terms of this Agreement by other Members or clients. GigMama reserves the right, but has no obligation, to monitor the materials posted in the public areas of the web site. GigMama 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 Gigmama, 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 GigMama to the extent permitted by applicable law.
9.0 Not Responding To Client Leads.
GigMama has the explicit right to temporarily suspend or permanently de-activate the Membership of any GigMama Member who fails to reply to five or more consecutive gig-lead emails.
9.1 Falsifying Bookings.
Falsifying bookings with an attempt to artificially inflating ratings and booking totals is not permitted. GigMama has the explicit right to temporarily suspend or permanently de-activate the Membership of any GigMama Member who falsifies bookings and/or client information.
10.0 No-Shows, Cancellations, & Client Deposit Returns.
GigMama has the explicit right to temporarily suspend or permanently de-activate the Membership of any GigMama Member who has been a "no-show" for more than one GigMama booking and/or fails to return the client's deposit for said no-show. GigMama has the explicit right to temporarily suspend or permanently de-activate the Membership of any GigMama Member who cancels (for any reason) a booking on a GigMama client and subsequently fails to return the client's deposit. Event Cancellations: Performer Cancellation More than 14 Days Prior To The Event - GigMama will refund the booking fee and the performer is not assessed a penalty. Client cannot post feedback; Performer Cancellation Within 14 Days Of The Event - GigMama will refund the booking fee and GigMama reserves the right to issue the performer a "no show" penalty, and the performer faces possible suspension or termination of Membership. Client may post feedback. Client Cancellation More Than 14 Days Prior To The Event - GigMama will refund the booking fee. Client cannot post feedback. Client Cancellation Within 14 Days Of The Event - GigMama will refund the booking fee. Client cannot post feedback. Client Cancellation Up To 30 Days After The Event Date - GigMama will refund the booking fee and GigMama reserves the right to remove feedback. Bookings which take place within 14 days of the event date and performer cancels within 24 hours - GigMama will cancel the booking, refund the booking fee, and try and help the client find a replacement performer. Bookings which take place within 14 days of the event date and performer cancels after 24 hours have passed - GigMama will refund the booking fee, GigMama reserves the right to issue the performer a "no show" penalty, GigMama reserves and the performer faces possible suspension or termination of Membership. Client may post feedback. GigMama will try and help the client find a replacement performer.
11.0 Posting of Contact Information.
GigMama has the explicit right to temporarily suspend or permanently de-activate the Membership of any GigMama Member who posts contact information on said Member's GigMama 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.
11.1 Derogatory Comments & Slander.
Derogatory and/or slanderous comments made by GigMama Members about other GigMama Members and/or other non-GigMama Members are not permitted. Derogatory and/or slanderous comments made by GigMama Members about other implied GigMama Members and/or other implied non-GigMama Members are not permitted.
11.2 Booking Transaction Interference.
GigMama Performers may not contact a GigMama client with an offer or suggestion to book a GigMama Gig ("Gig" has an assigned GigMama Gig ID number) outside of GigMama. GigMama Performers are not permitted to interfere with another GigMama Performer's booking. GigMama Performers are not permitted to email or telephone GigMama clients in an open or completed booking to warn them away from hiring a GigMama Performer. Discouraging clients from hiring other GigMama Entertainer Members is not permitted. Discouraging and/or preventing clients from booking you through GigMama is not permitted.
11.3 Farming of Client Leads.
The act of 'farming' out client leads is not permitted. GigMama 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 - GigMama entertainers are strictly prohibited from taking client leads provided to them and transferring these client leads to non-GigMama entertainers and entities. A client lead is only to be utilized by the GigMama entertainer who received said client lead from GigMama. If GigMama, Inc. discovers that a particular GigMama entertainer is farming out client leads, GigMama reserves the right to temporarily suspend or permanently remove said GigMama Member from the GigMama website and to terminate said GigMama entertainer's Membership.
11.4 Member Press Kit Photos, Audio, & Video.
GigMama is committed to providing all Members and Users with a secure, comfortable environment. Nude, obscene, sexual behavior, 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 GigMama. GigMama reserves the right to crop or reject any photo at our discretion. GigMama reserves the right to reject any audio or video sample at our discretion.
11.5 Memberships Which Dissolve Due to Breakups or Other Extenuating Circumstances.
If a GigMama Member band, ensemble, duo, or trio breaks up, GigMama reserves the right to keep active, transfer, or terminate said Membership at the discretion of what GigMama deems appropriate, unless outside legal counsel or court of law dictates to the contrary.
12.0 Use of Sample Documents
You agree not to use any Sample Documents for any purpose which is against any law in your jurisdiction.
13.0 Booking Fees.
There is no charge to utilize the GigMama Web Site to search and contact GigMama entertainers. If you end up hiring GigMama entertainment for your event, we charge a 5% ($20 minimum) booking fee. The fee is only due if the GigMama 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 GigMama no later than 30-days after the event date in order for you to receive a booking fee refund.