Gigfairy, Inc. (hereafter referred to as "Gigfairy", "we", "us", or "our") provides an online platform that connects entertainers who have skills for hire with buyers seeking to hire such services (collectively, the “Services”). These Services are accessible at www.Gigfairy.com and any other websites or mobile apps through which Gigfairy makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Gigfairy.
- “Gigfairy Content” means all Content that Gigfairy makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
- “Collective Content” means Member Content and Gigfairy Content.
- “Content” means any and all text, graphics, images, music, software, audio, video, information or other materials.
- “Gigfairy Content” means all Content that Gigfairy makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
- “Collective Content” means Member Content and Gigfairy Content.
- “Content” means any and all text, graphics, images, music, software, audio, video, information or other materials.
- “Customer” means a Member who requests a booking of an Entertainer Service via the Site or Services, or a Member who partakes in Entertainer Services and is not the Customer for such Services.
- “Entertainer” means a Member who creates a Listing via the Site and Services.
- “Listing” means a Service or Services that are listed by an Entertainer as available for hire via the Site.
- “Member” means a person who completes Gigfairy’s account registration process, including, but not limited to, Entertainers and Customers, as described under “Account Registration” below.
- “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
- “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state, and federal tax, indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content.
ModificationGigfairy reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
EligibilityThe Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Account RegistrationIn order to access certain features of the Site, and to book a Service or create a Listing, you must register to create an account (“Gigfairy Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site, as described below. As part of the functionality of the Site and Services, you may link your Gigfairy Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Gigfairy through the Site or Services; or (ii) allowing Gigfairy to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Gigfairy and/or grant Gigfairy access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Gigfairy to pay any fees or making Gigfairy subject to any usage limitations imposed by such third party service providers. By granting Gigfairy access to any Third Party Accounts, you understand that Gigfairy will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and Services via your Gigfairy Account and Gigfairy Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Gigfairy Account on the Site and Services. If a Third Party Account or associated service becomes unavailable or Gigfairy’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Gigfairy Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Gigfairy makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Gigfairy is not responsible for any SNS Content.
We will create your Gigfairy Account and your Gigfairy Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Gigfairy Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Gigfairy reserves the right to suspend or terminate your Gigfairy Account and your access to the Site and Services if you create more than one (1) Gigfairy Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Gigfairy Account, whether or not you have authorized such activities or actions. You will immediately notify Gigfairy of any unauthorized use of your Gigfairy Account.
Entertainer ListingsAs 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, your location, musician genre, availability of the Services and pricing and related rules and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Services via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your Services, the price for such booking may not be altered, unless the Customer requires of you something more or less than what is represented in your Listing. In this case, you will have the opportunity, via the Site, to make the Customer a new offer, which the Customer can accept or decline. If the Customer accepts your new offer, you may not alter the price of that new offer.
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 Customer 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 Services included in a Listing you post and (b) not conflict with the rights of third parties. Gigfairy assumes no responsibility for a Entertainer’s compliance with any applicable laws, rules and regulations. Gigfairy reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Gigfairy, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
You understand and agree that Gigfairy does not act as an insurer or as a contracting agent for you as a Entertainer. If a Customer requests a booking of your Services and retains your Services, any agreement you enter into with such Customer is between you and the Customer; and Gigfairy is not a party thereto. Notwithstanding the foregoing, Gigfairy serves as the limited authorized agent of the Entertainer for the purpose of accepting payments from Customers on behalf of the Entertainer and is responsible for transmitting such payments to the Entertainer.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your services, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Services. Any Member wishing to book Services included in Listings with such requirements must meet these requirements.
You acknowledge and agree that, as a Entertainer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who retain your Services or are otherwise present at the place of Service at your request or invitation, excluding the Customer (and the individuals the Customer invites to the place of Services, if applicable.)
Gigfairy recommends that Entertainers obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Services, if applicable) while providing your Services.
No EndorsementGigfairy 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 and Services. Gigfairy is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Gigfairy with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Entertainer against Gigfairy regarding the remittance of payments received from a Customer by Gigfairy on behalf of a Entertainer, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings & Financial Terms
Bookings and Financial Terms for EntertainersThe fees displayed in each booking are comprised of the Services Fees (defined below) and the Credit Card Fee (defined below.) Where applicable, Taxes may be charged in addition to the Services Fees and Customer Fees. The Services Fees, the Customer Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Customer solely relating to a Entertainer’s Services are the “Entertainer’s Fee”. It is the Entertainer and not Gigfairy which determines the Entertainer’s Fees. The Services Fee may include a travel or late night fee, at the Entertainer’s discretion.
Gigfairy charges an additional Credit Card Fee to Customers based upon a percentage of applicable Entertainer’s Fees. The Credit Card Fees are added to the Entertainer’s Fees to calculate the Total Fees (which will also include applicable Taxes). Gigfairy will collect the Total Fees at the time of booking confirmation and will initiate payment of the Entertainer’s Fees (less Gigfairy’s commission (defined below)) to the Entertainer within 24 hours of when the Entertainer provides the Services agreed upon.
Appointment Gigfairy as Payment AgentEach Entertainer hereby appoints Gigfairy as their limited agent solely for the purpose of collecting payments made by Customers on behalf of the Entertainer. Each Entertainer agrees that payment made by a Customer to Gigfairy shall be considered the same as a payment made directly to the Entertainer and the Entertainer will make the Services available to User in the agreed upon manner as if the Entertainer has received the Entertainer’s fees.
Each Entertainer agrees that, Gigfairy may, in accordance with the cancellation policy selected by the Entertainer and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Entertainer’s fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Entertainer, Gigfairy assumes no liability for any acts or omissions of the Entertainer.
At this time Gigfairy does not charge fees for the creation of Listings. However, you agree that Gigfairy reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. In the event that Gigfairy will start charging a fee for Listings, we will provide notice of any Listing fee collection via the Site, prior to implementing such a Listing fee feature.
Booking and Financial Terms for CustomersThe Entertainers, not Gigfairy, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site and Services. If you, as a Customer, choose to enter into a transaction with a Entertainer for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Entertainer and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Entertainer. You acknowledge and agree that you, and not Gigfairy, will be responsible for performing the obligations of any such agreements, that Gigfairy is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Gigfairy disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Gigfairy is not a party to the agreement between you and the Entertainer, Gigfairy acts as the Entertainer’s payment agent for the limited purpose of accepting payments from you on behalf of the Entertainer. Upon your payment of amounts to Gigfairy which are due to the Entertainer, your payment obligation to the Entertainer for such amounts is extinguished, and Gigfairy is responsible for remitting such amounts, less Gigfairy’s Fees, to the Entertainer. In the event that Gigfairy does not remit any such amounts to a Entertainer, such Entertainer will have recourse only against Gigfairy.
Bookings for Services will specify the Total Fees. You agree to pay Gigfairy for the Total Fees for any booking requested in connection with your Gigfairy Account if such requested bookings are confirmed by the applicable Entertainer. In order to establish a booking pending the applicable Entertainer’s confirmation of your requested booking, you understand and agree that Gigfairy, on behalf of the Entertainer, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Gigfairy receives confirmation of your booking from the applicable Entertainer, Gigfairy will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Gigfairy cannot control any fees that may be charged to a Customer by their bank related to Gigfairy’s collection of the Total Fees, and Gigfairy disclaims all liability in this regard.
Security DepositsEntertainers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Services. If a Security Deposit is included in a Service for a confirmed booking, Gigfairy will, in its capacity as the payment agent of the Entertainer, use its commercially reasonable efforts to obtain a pre-authorization of the Customer’s credit card in the amount the Entertainer determines for the Security Deposit within a reasonable time prior to the date of service. Gigfairy will also use its commercially reasonable efforts to address Entertainers’ requests and claims related to Security Deposits, but Gigfairy is not responsible for administering or accepting any claims by Entertainers related to Security Deposits, and disclaims any and all liability in this regard.
Services FeesIn consideration for providing the Services, Gigfairy collects service fees from Entertainers and Customers (“Service Fees”). Service Fees are made up of two (2) components: (i) Credit Card Fees and (ii) a fee that is charged to the Entertainer based upon a percentage of the amount of the Total Fees (“Entertainer Payment Fees”). Where applicable, Taxes may also be charged in addition to the Credit Card Fees. Entertainer Payment Fees are deducted from the Total Fees before remitting the Entertainer’s Fees to the Entertainer, within 24 hours of the time of service. Credit Card Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Gigfairy to Entertainers via check, PayPal, direct deposit or other payment methods described on the Site. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking & Financial Terms
Cancellations & RefundsIf, as a Customer, you wish to cancel a confirmed booking made via the Site and Services, prior to the date of Services, the cancellation policy of the Entertainer contained in the applicable Booking will apply to such cancellation. Our ability to refund the Service 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.
If an Entertainer cancels a confirmed booking made via the Site and Services, (i) Gigfairy will refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation and (ii) the Customer will receive an email or other communication from Gigfairy containing alternative Listings and other related information. If the Customer requests a booking from one of the alternative Listings and the Entertainer associated with such alternative Listing confirms the Customer’s requested booking, then the Customer agrees to pay Gigfairy the Total Fees relating to the confirmed booking for the services in the alternative Listing, in accordance with these Terms. If an Entertainer cancelled a confirmed booking and you, as a Customer, have not received an email or other communication from Gigfairy, please contact Gigfairy at firstname.lastname@example.org.
TaxesYou understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Gigfairy cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, each Entertainer is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from an Entertainer, Gigfairy may issue a valid VAT invoice to such Entertainer.
Foreign CurrencyAs part of the Services, Gigfairy may provide a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Customer) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees if your booking is confirmed by an Entertainer. The currency in which you will be charged will be determined by Gigfairy based on the payment method you select and the location of the Entertainer in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Entertainer to receive payment, Gigfairy will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Gigfairy has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Gigfairy updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Gigfairy will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Gigfairy makes payment to an Entertainer.
User ConductYou understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
OwnershipThe Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Gigfairy and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Gigfairy Content & Member Content LicenseSubject to your compliance with the terms and conditions of these Terms, Gigfairy grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Gigfairy Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gigfairy or its licensors, except for the licenses and rights expressly granted in these Terms.
Member ContentWe may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Gigfairy a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. Gigfairy does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Gigfairy the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Gigfairy’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
LinksThe Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Gigfairy 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 Gigfairy 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.
Proprietary Rights NoticesAll trademarks, service marks, logos, trade names and any other proprietary designations of Gigfairy used herein are trademarks or registered trademarks of Gigfairy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
FeedbackWe welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or contacting us through the Site or Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of Gigfairy and you hereby irrevocably assign to Gigfairy and agree to irrevocably assign to Gigfairy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Gigfairy’s request and expense, you will execute documents and take such further acts as Gigfairy may reasonably request to assist Sidetage to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
CopyrightGigfairy respects copyright law and expects its users to do the same. It is Gigfairy’s policy to terminate in appropriate circumstances the Gigfairy Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination & Account CancellationWe may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Gigfairy Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Gigfairy terminates these Terms, or your access to our Site and Services or deactivates or cancels your Gigfairy Account you will remain liable for all amounts due hereunder. You may cancel your Gigfairy Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org. If your Gigfairy Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Ffeedback.
DisclaimersIF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Gigfairy DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND ENTERTAINERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Gigfairy EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Gigfairy MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Gigfairy MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE AND SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Gigfairy OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ENTERTAINERS OR CUSTOMERS. YOU UNDERSTAND THAT Gigfairy DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW SERVICES. Gigfairy MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND ENTERTAINERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SIDETSAGE. NOTWITHSTANDING Gigfairy’S APPOINTMENT AS THE LIMITED AGENT OF THE ENTERTAINERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE ENTERTAINERS, Gigfairy EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMERS OR OTHER THIRD PARTY.
Limitation of LiabilityYOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Gigfairy WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Gigfairy NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Gigfairy HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE ENTERTAINERS PURSUANT TO THESE TERMS, IN NO EVENT WILL Gigfairy’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SERVICE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN ENTERTAINER, THE AMOUNTS PAID BY Gigfairy TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Gigfairy AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IndemnificationYou agree to release, defend, indemnify, and hold Gigfairy and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Service, (iii) creation of a Listing or (iv) the use of a Service by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Service.
Export Control & Restricted CountriesYou may not use, export, re-export, import, or transfer the Site except as authorized by United States law, the laws of the jurisdiction in which you obtained the Site, and any other applicable laws. In particular, but without limitation, the Site may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site and Services, you represent and warrant that (i) neither you nor your listed service is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Gigfairy does not permit Listings associated with certain countries due to U.S. embargo restrictions.
Reporting MisconductIf as a Customer, you hire an Entertainer or as an Entertainer, accept a booking from a Customer who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Gigfairy by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Entire AgreementThese Terms constitute the entire and exclusive understanding and agreement between Gigfairy and you regarding the Site, Services, and Collective Content, and any bookings or Listings of Services made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Gigfairy and you regarding bookings or listings of Services, the Site, Services and Collective Content.
AssignmentsYou may not assign or transfer these Terms, by operation of law or otherwise, without Gigfairy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Gigfairy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
NoticesAny notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Gigfairy (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law & JurisdictionThese Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Dispute ResolutionArbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Gigfairy otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Gigfairy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Gigfairy will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Gigfairy will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Gigfairy changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Gigfairy’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Gigfairy in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).