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Terms of Service

Terms of Service2018-07-20T12:20:28+00:00

GIG GOBLIN TERMS OF SERVICE

EFFECTIVE JANUARY 1ST, 2018.

Upon registering for our Services, you submit that you have read and agreed to these Terms and Privacy Policy. If you do not agree to these Terms, do not use our Services. By accepting these Terms, you have also acknowledged that you are (i) 18 years of age or more, or (ii) 13 years of age or more with your parent(s)’ or legal guardian(s)’ permission. Gig Goblin reserves the right to amend our Terms at any time. Any recently amended terms will be highlighted and shall be effective immediately when they are posted on the Site.

Description of our Services

For registered performers, our services facilitate your connection and interaction with clients and venues in your area. We do this by aiding the ability of all users of the website to search for your profile, as well as schedule and pay for you to perform live. Gig Goblin is a disclosed agent, not an employer, or partner of Artists and is not engaging in the services of a “Talent Agency” Gig Goblin simply acts as a platform allowing Artists to connect and interact with clients and the fee charged by Gig Goblin is for the use of that platform. Each transaction will be subject to Gig Goblin’s processing fee.

Your Account

For Artists:

1. Registration

Artists must register an account to be granted access to certain Services, such as the ability to be Discovered and Booked through the Website. To register an Artist Profile, you must provide us with:

I. A valid email address and password. The email address and password that you provide will act as your sign in credentials to access your account.

II. Artist name. This name will be displayed to Users who try to Discover and Book you.

III. Profile Picture. This will act as a visual representation of you to Users.

IV. At least one external example of you and/or your music. This sound-clip or video gives users a preview of what to expect when they book you and gives you an opportunity to show off your skills.

V. Home postcode or county. This allows us to connect you with Users near your home location.

VI. Whether you are a band, soloist or duo. This allows us to help users quickly search and discover what they are looking for when booking.

VII. Information. This information is where artists input their biography or pertinent details about their typical performance. It helps users learn more about artists, i.e., if they play weddings or prefer small intimate venues. This information will be quite valuable for users when deciding to book or not. You are also required to put a rough pricing structure, the minimum end being for small local gigs you would consider, the upper ranges for bigger gigs or longer distances. There is also a space to include a few keywords which can be used by clients to narrow their search. You can put a musical style or if you are a covers band you can put examples of bands that you cover.

2. Financial Information

Artists will be asked to register bank account information with Gig Goblin to be compensated for certain services, such as performing for a user that has hired an artist for a live performance through the website.

Please consult our Privacy Policy if you have any questions about how we will use information you submit.

3. One Email Address One Account

Each Artist is only entitled to one account corresponding to his or her email address.

4. Bands

In the event you are registering an account on behalf of a band, you agree that your representations, warranties and agreements under these terms are being made on behalf of yourself individually and all members of the band. In furtherance of the foregoing, you represent and warrant that all members of the band have read and agree to these Terms.

5. Account Responsibilities

You, not Gig Goblin, are solely responsible for maintaining the security of your account. Likewise, you are solely liable for any and all text, audio, videos, photos, or data on your account, whether or not you authorized such activity. You are also solely responsible for making sure your account information is truthful, accurate, and updated.

6. Financial Responsibilities

You, not Gig Goblin, are solely responsible for reporting all income you make through the use of our Services.

For Users:

1. Registration

Although most functionality of the website is available for use without registration, registration is required to access certain functionalities. To register a user profile, you must provide us with:

I. A valid email address and password. The email address and password that you provide will act as your sign in credentials to access your account.

II. Credit Card Information. This will be used to pay for bookings. In typical cases, Gig Goblin will receive a service charge.

2. Account Responsibilities

You are solely responsible for maintaining the security of your account. Photos, or data on your account, whether or not you authorized such activity. You are also solely responsible for making sure your account information is truthful, accurate, and updated.

For Both Users and Artists:

1. Closing or suspending your account

GigGoblin reserves the right to alter, suspend or close your account at any point in time for any reason, without notice or liability. If your account has been compromised or you would like to close your account, please notify Gig Goblin at admin@giggoblin.com. You maintain the right to close your account at any time.

2. Subject to Terms and Conditions

Any and all activity on your account remains subject to these Terms and Conditions.

Your Use of Our Services

For Both Users and Artists:

1. License granted by us

Through your registration and compliance with our Terms, Gig Goblin grants you and only you a limited license to access our Services. This license only applies to personal use of our services; the license does not include reproducing, copying, duplicating, selling, or any commercial use of our services whatsoever unless express written consent is given by Gig Goblin. This license is rendered null upon any unauthorized use of our Services.

2. Code of conduct

You are solely liable for any and all activity on your account, whether or not you authorized such activity. You agree that:

I. Any form of communication that is deemed abusive, culturally or ethnically offensive, defamatory, indecent, obscene, profane, racist, or sexually explicit content is strictly prohibited.

II. Your use of our Services is consistent with any and all applicable laws and regulations.

III. Your activity does not promote violence, terrorism, illegal acts, or hatred on the basis of sexual orientation, gender, ethnicity, culture, or religion.

IV. You will not transmit in any fashion any material that contains software viruses, Trojan horses, malware, or any other computer code or files which will disrupt the functionality of any of Gig Goblin’s services.

V. You will not post, copy, reproduce, or distribute in any fashion copyrighted content or other proprietary information without the prior consent of the content’s owner.

VI. You will not represent yourself in Gig Goblin as anyone other than yourself or falsify your identity in any way.

VII. You will maintain current and accurate contact information on your profile. Gig Goblin may edit or remove any information at any time.

VIII. You will not use another user’s account or personal information without her or his express permission.

IX. You will not threaten, stalk, or otherwise harass any person in any way.

X. You will not use our services to advertise or solicit to others or harvest personal information from other users for commercial use of any kind.

XI. You will not use our services to spam, “troll”, or otherwise disrupt the experience for other users or the functionality of our services in any way.

XII. You will not use robots, spiders, or data mining applications of any sort to reproduce or bypass our Services in any way.

XIII. You will not knowingly disrupt or interfere with our servers or anything related to the functionality of our services in any way.

XIV. You will not offer to or in actuality sell, transfer, rent, or lease your account to any other person or third party without prior written consent of Gig Goblin.

XV. If you receive a gig request through Gig Goblin, you will not attempt to “go outside the website” by confirming the booking outside of the platform in order to avoid Gig Goblin receiving a booking fee.

XVI. Gig Goblin has the right, but not the obligation, to supervise and settle disputes between Artists and Users.

XVII. You will not attempt to “game” Gig Goblin by falsely inflating “likes”, ratings, or other positive measures for artists. Conversely, you may not actively hinder the ability of other artists to participate within our services.

In the event of that you witness breaches of this code of conduct, please notify Gig Goblin immediately at admin@giggoblin.com. Gig Goblin reserves the right to suspend or close user or artist accounts, as well as edit or take down any content or information made available through our Services.

Content and Property Rights

For Artists:

1. Proprietary rights of Artist

As between you and Gig Goblin, any and all text, audio, sound recordings, compositions, pictures, photos, videos, graphics, messages, comments, reviews, data, or information that you submit, upload, publish, or display through our services is solely owned, controlled and/or operated by you. By accepting these terms, you acknowledge that Gig Goblin does not claim any ownership in and has no liability with regards to your content.

2. Our rights to your Content

By accepting these terms, you hereby give Gig Goblin the right to use, duplicate, reproduce, distribute, digitally transmit, display, perform, share, stream, modify, edit, and/or remove your content, including all sound recordings and compositions therein, as is reasonable and appropriate in connection with the services. This includes, without limitation, the right to (i) publicly perform your music through our services, (ii) stream your music (both interactive and non-interactive), (iii) include your music in playlists, and (iv) make copies of your music in connection with any of the foregoing. If you believe we have misused your content, please contact us immediately at admin@giggoblin.com. The only remedy is that we will remove the pertinent content from our services. We are not liable for any misuse otherwise.

You represent that you either own or control any and all rights in and to all content as necessary to grant Gig Goblin the rights described above, including all necessary rights with respect to all music. You also represent that all content and music submitted to or posted on Gig Goblin was not produced pursuant to any guild or union collective bargaining agreement, and that Gig Goblin will not owe any residuals, royalties, monies, or other obligations to any guild, union, or artist. Gig Goblin does not and will not assume any guild or union obligations. Just to be safe, we thought it would help to give you two examples:

· If you wrote a song with other people (including members of your band) or if a piece of your music is based on an existing third party song, you are agreeing that you have either acquired all of the rights of the other songwriters, received the other songwriters’ express permission to post the music to our services, or have received express permission to post the music to our services from the owners of the song’s publishing rights.

· If you are signed to a record label and that label owns your sound recordings or publishing rights, you are agreeing that you have your record company’s express permission to post its sound recordings to our services. You are also agreeing that the sound recording, including all samples or other portions of that sound recording, were not produced under any guild or union contract.

If you do not have these rights or are unclear, please contact us immediately prior to posting the content at admin@giggoblin.com.

3. Copyright infringement.

Without limiting anything in Section 3 above, you may not post any unauthorized copyrighted material that constitutes an infringement of third party rights. Offenders of third party copyright laws are subject to having their accounts terminated, as well as being prosecuted in court by the owner of such copyrighted content.

If you are a third party content owner who believes that any piece of content uploaded by a user infringes upon your copyrights, we will
respond promptly to any properly submitted notice.

To be effective, the notification must be a written communication that includes the following:

· A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

· Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

· Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4. Liability and risk of Content.

By accepting these terms and conditions, you acknowledge that full liability and risk of posted content lie with the artist.

5. Reposting of Content.

You may not repost another User’s or Artist’s Content without that said User’s or Artist’s permission.

For Both Users and Artists:

1. Proprietary rights of Gig Goblin

While Gig Goblin grants you a limited license to access our services upon registration, Gig Goblin maintains ownership and all proprietary rights to all facets of our services, including but not limited to our logo, name, features, interfaces, code, APIs, and web domains. You are not permitted to use, reproduce, duplicate, publish, distribute, or display Gig Goblin’s proprietary services without Gig Goblin’s express written consent.

2. Privacy Policy.

By accepting these Terms and Conditions, you also accept our Privacy

Policy..

Booking

1. Who Can Book

All Users that have completed the registration process and have provided valid credit card information have the ability to confirm bookings with artists with approved Gig Goblin artist accounts.

2. How Users Can Book

Users provide a number of event details then can send a request to an artist (or artists) for the gig. When a gig requested, relevant artists will be notified through text and/or email. The artist then has the option to confirm or decline the gig. If confirmed the user receives notification of this and can book the gig. If declined, the user receives notification but cannot continue with the process.

3. Binding contract

Once a user confirms a booking, the user and artist enter a binding contract. The user and artist are contractually bound with the following mutually agreed upon conditions:

I. Event location. The event location is set upon confirmation of the gig request.

II. Event date and time. The event date and time are set upon confirmation of the gig request.

III. Gig duration. The Artist will play for the amount of time agreed upon during the gig request process and set upon confirmation of the said gig request.

IV. Booking Fee. The booking fee to be paid by the user.

V. Modification of location, date, time, duration, or fee. The event location, event date and time, duration of the gig, and fee paid to the artist may be modified following a confirmed gig request if both parties have agreed to the change. Email us at admin@giggoblin.com and will help to facilitate this.

VI. Additional performance time for artist. Should the User desire that the artist plays for longer than the agreed upon duration, the user must submit the extra payment and duration request via email. Any transactions occurring outside of the Gig Goblin platform between the user and artist for gigs set up through our services are not permitted and subject to termination of the license granted by Gig Goblin for our Users and Artists.

VII. User’s responsibilities. Unless otherwise agreed upon in a separate contract a confirmed Gig Goblin booking imposes the following responsibilities on the booking user:

a. Adequate power supply. The user must provide an adequate power supply for the artist.

b. Safety from weather. The user must provide an area with dry and safe enough conditions such that the artist can perform without fear of damage to electrical equipment, being electrocuted, or any threat to personal safety of any kind due to weather.

c. Volume levels. The user is responsible for ensuring that the volume levels during the artist’s performance are compliant with the event location’s local noise ordinances. If the event is shut down by local authorities due to noise violations, neither Gig Goblin nor the artist are liable for noise disturbance or complaints in the surrounding area.

e. Damage to artist’s equipment. The user is liable for all physical damage to the artist’s equipment caused by the user, a guest of the user, or any third parties associated with the user’s event.

f. Liability of event guests, third parties. All liability for the actions of any guests of or third parties associated with the event lies with the user.

g. Interference with artist. The user and any event attendees or third parties must not interfere with the artist’s performance. If any guests harass, threaten, berate, physically or verbally harm, or otherwise interfere with the artist, the artist has the right to stop playing music and end the gig early, without refund to the user.

VIII. Artist’s responsibilities. A confirmed Gig Goblin booking imposes the following responsibilities on the artist:

a. Electronics malfunctions. The artist is responsible for electronics malfunctions that prohibit the artist from successfully performing unless caused by damage from the user or any attendees of the event.

b. Mistreatment of event guests and third parties. The artist may not harass, threaten, berate, or otherwise physically or verbally harm event guests or third parties at the event.

c. Damage to user’s property. The artist will not purposely or recklessly damage personal property of the user.

d. Communication with user. It is the responsibility of the artist to ensure that the User will receive the desired live music experience. Prior to confirmation of the gig request, the artist must be able to and actually deliver the details set out on the request form.

IX. Safety at event. Both the user and the artist are responsible for maintaining a safe and lawful environment at the event.

X. Limitation of liability. For any confirmed booking, the most a user or artist can claim damages for is the total agreed upon booking amount.

XI. Falsified bookings. Bookings falsified with the intent of inflating ratings, arranging payment outside of Gig Goblin for a booking created through Gig Goblin, or for any reason whatsoever are strictly prohibited.

XII. Gig Goblin is not liable. If any of the terms listed above and agreed upon in regards to the binding contract between the user and artist are violated, Gig Goblin assumes no liability or responsibility of any kind whatsoever. Gig Goblin accepts no liability for damages caused by artist no-shows, late-shows, or cancellations. Furthermore, Gig Goblin assumes no liability in disputes between the user and the artist of any sort.

XIII. Violation of binding contract. If any of the terms agreed upon in the binding contract between the user and artist are violated or inappropriate behaviour has been displayed in the reasonable view and discretion of Gig Goblin, we reserve the right to suspend or close the account of the party involved without warning, with or without refund. Gig Goblin also reserves the right to disallow artist payment for the performance.

XIV. Dispute resolution. Please contact us at admin@giggoblin.com if you have any questions, issues, or concerns in regards to the user and artist agreement and binding contract as outlined in the section above.

Cancellation Policy

For Artists

1. No cancellation allowed. The artist may not cancel a confirmed gig at any point.

2. If an artist cancels a confirmed gig at any point:

a. Gig Goblin will recommend replacement artists for the user.

b. A cancellation will automatically incur a zero rating. Gig Goblin also reserves the right to make cancellations negatively affect an artist’s visibility on the platform.

c. Monitoring of cancellations, no-shows, late-shows. Gig Goblin will keep track of all cancellations, no-shows (not showing up for confirmed gig that hasn’t been cancelled through Gig Goblin), and late-shows (not ready to perform at scheduled gig start time.) Gig Goblin will strongly consider closing an artist’s account upon the accumulation of more than 2 combined cancellations, no-shows, or late-shows.

For Users

1. Edits and modifications to request. Users may cancel, edit, or modify a gig request that has not been accepted by the artist at any point.

2. Not within 7 days. Users may not cancel a confirmed gig within 7 days of the event date and time. This means that gigs booked within 7 days of the event date and time may not be cancelled.

3. Not within 30 days if payment exceeds £1000. Users may not cancel a confirmed gig within 30 days of the event date and time if the total fee to be charged to the User is greater than £1000. This means that gigs booked within 30 days of the event date and time with a total fee of £1,001 or greater may not be cancelled.

4. Cancelling. In order to cancel a gig, Users must email admin@giggoblin.com requesting the cancellation.

5. If conditions not met. If Users do not follow the conditions of our cancellation policy, they will be charged the full booking fee for the originally agreed-upon event.

For Both Users and Artists

Extenuating circumstances

In the case of extenuating circumstances that cause a user or artist to violate our cancellation policy, please email us at admin@giggoblin.com. Gig Goblin will use our best and most reasonable judgment in these cases to come to fair solution for all parties involved.

Payment

1. Credit card information

Users’ credit card information is required to complete a booking request.

2. Reception of payment

The user’s card will be charged and the artist will receive the payment upon the completion of the gig, which may take up to 3 days.

3. Violation of Cancellation Policy

If a User violates our Cancellation Policy, the User’s card will still be charged and the Artist will be paid at the time of completion of the originally agreed-upon event.

This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GIG GOBLIN DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND MUSICIANS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GIG GOBLIN 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. GIG GOBLIN MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GIG GOBLIN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES, MUSICIANS, CLIENTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIG GOBLIN OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ARTISTS AND CLIENTS, YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MUSICIANS OR CLIENTS. YOU UNDERSTAND THAT GIG GOBLIN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY SERVICES. ENCORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND MUSICIANS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY GIG GOBLIN. NOTWITHSTANDING GIG GOBLIN’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE MUSICIANS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE MUSICIANS, GIG GOBLIN EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CLIENT OR OTHER THIRD PARTY.

Arbitration Exclusive Remedy

BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE THAT, IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND GIG GOBLIN ARISING OUT OF OR RELATING TO THIS AGREEMENT, SUCH DISPUTE SHALL BE RESOLVED BY SUBMISSION TO BINDING ARBITRATION.

Legal Disclaimers

Limitation of Liability

GIG GOBLIN WILL HAVE NO LIABILITY FOR ANY DAMAGE OR LOSS:

I. DERIVING FROM YOUR INABILITY TO ACCESS ANY OF OUR SERVICES, CONTENT, OR RELATED PARTS.

II. RELATED TO YOUR COMPUTER HARDWARE, SOFTWARE, OR DATA, INCLUDING DAMAGE OR LOSS FROM A SECURITY BREACH

III. FROM ANY LEGAL ACTION WHATSOEVER AGAINST YOU.

IV. DERIVING FROM ANY MODIFICATIONS OR CHANGES MADE TO OUR SERVICES.

V. RELATED TO ANY TEMPORARY OR PERMANENT SUSPENSION OF ACCESS TO OUR SERVICES OR CONTENT FOR ANY REASON

VI. FROM ANY ERRORS, “BUGS”, OR INACCURACIES FOUND IN OUR SERVICES OR RELATED CONTENT.

VII. OF PROFITS, OPPORTUNITY, OR GOODWILL, DIRECTLY OR INDIRECTLY.

BY ACCEPTING THESE TERMS, YOU ACCEPT THE RISK OF DAMAGE OR LOSS OF ANY KIND. GIG GOBLIN MUST BE NOTIFIED IMMEDIATELY IN THE EVENT OF ANY CLAIM RELATED TO YOUR USE OF OUR SERVICES. THESE TERMS SHALL BE EXERCISED TO THEIR FULL EFFECT AS IS ACCEPTABLE AND PERMITTED BY LAW. GIG GOBLIN’S LIMITED LIABILITY PERTAINS TO ALL OUR EMPLOYEES, AFFILIATES, DIRECTORS, OFFICERS, OR SUBSIDIARIES.

VIII. RELATING TO INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Applicable Law and Jurisdiction

In accepting our Terms and using our Services, you acknowledge that these Terms will be governed by and enforced in accordance with the laws of the England and Wales.

Indemnity

In accepting these Terms and using our Services, you agree to indemnify, save, defend, and hold harmless Gig Goblin, our employees, affiliates, directors, officers, and subsidiaries from any claims, damages, demands, losses, costs, expenses, and reasonable attorney fees arising from your use of our services, any breach of our terms, any third party copyright infringement, or any activity from your account.

Disclaimer of All Warranties and Assumption of Risk

GIG GOBLIN’S SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS PERTAINS TO, BUT IS NOT LIMITED TO, WARRANTIES OF ACCURACY, TRUTH, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, SECURITY, DAMAGES, LOSSES, OR ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING OUR SERVICES. FOR SITUATIONS IN WHICH STATE LAW PROHIBIT OR HAVE LIMITATIONS ON THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES LISTED IN THESE TERMS, UK LAW HAS JURISDICTION OVER THESE TERMS AND THESE DISCLAIMERS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES IS AT YOUR OWN, SOLE RISK.

Insurance Liability

Users (Artists and clients) are responsible for obtaining and maintaining their own public and comprehensive liability insurance.

Severability

If any provision in these Terms is deemed illegal, unenforceable or invalid, that shall not affect the legality, enforceability, or validity of any remaining provision in these Terms.

Third Party Agreements

Through our Services you may encounter features that grant you access to third party websites, databases, servers, programs, software, information, applications, or other similar services. When you use these third party services, you may be subject to their own terms and conditions, privacy policy, and other requirements related to their use. Gig Goblin is not responsible or liable for the accuracy, legality, or quality of any of their content or operation in any way, and does not express any warranty or endorsement of any kind related to third party services. These third party services are used solely to facilitate your access to and use of Gig Goblin. You use these third party services at your own risk.

Payment Processor

Gig Goblin uses Stripe for payment processing. In order for you to use Stripe’s payment processing services, you must read the terms and conditions available at https://stripe.com

Concluding Remarks

1. Changes to our Services

Gig Goblin may modify, edit, update, or make changes of any kind to our services at any time without prior warning.

2. Contacting Gig Goblin

Please contact us at admin@giggoblin.com if you have any questions, concerns, or suggestions.

EFFECTIVE JANUARY 1ST, 2018.

Upon registering for our Services, you submit that you have read and agreed to these Terms and Privacy Policy. If you do not agree to these Terms, do not use our Services. By accepting these Terms, you have also acknowledged that you are (i) 18 years of age or more, or (ii) 13 years of age or more with your parent(s)’ or legal guardian(s)’ permission. Gig Goblin reserves the right to amend our Terms at any time. Any recently amended terms will be highlighted and shall be effective immediately when they are posted on the Site.

Description of our Services

For registered performers, our services facilitate your connection and interaction with clients and venues in your area. We do this by aiding the ability of all users of the website to search for your profile, as well as schedule and pay for you to perform live. Gig Goblin is a disclosed agent, not an employer, or partner of Artists and is not engaging in the services of a “Talent Agency” Gig Goblin simply acts as a platform allowing Artists to connect and interact with clients and the fee charged by Gig Goblin is for the use of that platform. Each transaction will be subject to Gig Goblin’s processing fee.

Your Account

For Artists:

1. Registration

Artists must register an account to be granted access to certain Services, such as the ability to be Discovered and Booked through the Website. To register an Artist Profile, you must provide us with:

I. A valid email address and password. The email address and password that you provide will act as your sign in credentials to access your account.

II. Artist name. This name will be displayed to Users who try to Discover and Book you.

III. Profile Picture. This will act as a visual representation of you to Users.

IV. At least one external example of you and/or your music. This sound-clip or video gives users a preview of what to expect when they book you and gives you an opportunity to show off your skills.

V. Home postcode or county. This allows us to connect you with Users near your home location.

VI. Whether you are a band, soloist or duo. This allows us to help users quickly search and discover what they are looking for when booking.

VII. Information. This information is where artists input their biography or pertinent details about their typical performance. It helps users learn more about artists, i.e., if they play weddings or prefer small intimate venues. This information will be quite valuable for users when deciding to book or not. You are also required to put a rough pricing structure, the minimum end being for small local gigs you would consider, the upper ranges for bigger gigs or longer distances. There is also a space to include a few keywords which can be used by clients to narrow their search. You can put a musical style or if you are a covers band you can put examples of bands that you cover.

2. Financial Information

Artists will be asked to register bank account information with Gig Goblin to be compensated for certain services, such as performing for a user that has hired an artist for a live performance through the website.

Please consult our Privacy Policy if you have any questions about how we will use information you submit.

3. One Email Address One Account

Each Artist is only entitled to one account corresponding to his or her email address.

4. Bands

In the event you are registering an account on behalf of a band, you agree that your representations, warranties and agreements under these terms are being made on behalf of yourself individually and all members of the band. In furtherance of the foregoing, you represent and warrant that all members of the band have read and agree to these Terms.

5. Account Responsibilities

You, not Gig Goblin, are solely responsible for maintaining the security of your account. Likewise, you are solely liable for any and all text, audio, videos, photos, or data on your account, whether or not you authorized such activity. You are also solely responsible for making sure your account information is truthful, accurate, and updated.

6. Financial Responsibilities

You, not Gig Goblin, are solely responsible for reporting all income you make through the use of our Services.

For Users:

1. Registration

Although most functionality of the website is available for use without registration, registration is required to access certain functionalities. To register a user profile, you must provide us with:

I. A valid email address and password. The email address and password that you provide will act as your sign in credentials to access your account.

II. Credit Card Information. This will be used to pay for bookings. In typical cases, Gig Goblin will receive a service charge.

2. Account Responsibilities

You are solely responsible for maintaining the security of your account. Photos, or data on your account, whether or not you authorized such activity. You are also solely responsible for making sure your account information is truthful, accurate, and updated.

For Both Users and Artists:

1. Closing or suspending your account

GigGoblin reserves the right to edit, suspend or close your account at any point in time for any reason, without notice or liability. If your account has been compromised or you would like to close your account, please notify Gig Goblin at admin@giggoblin.com. You maintain the right to close your account at any time.

2. Subject to Terms and Conditions

Any and all activity on your account remains subject to these Terms and Conditions.

Your Use of Our Services

For Both Users and Artists:

1. License granted by us

Through your registration and compliance with our Terms, Gig Goblin grants you and only you a limited license to access our Services. This license only applies to personal use of our services; the license does not include reproducing, copying, duplicating, selling, or any commercial use of our services whatsoever unless express written consent is given by Gig Goblin. This license is rendered null upon any unauthorized use of our Services.

2. Code of conduct

You are solely liable for any and all activity on your account, whether or not you authorized such activity. You agree that:

I. Any form of communication that is deemed abusive, culturally or ethnically offensive, defamatory, indecent, obscene, profane, racist, or sexually explicit content is strictly prohibited.

II. Your use of our Services is consistent with any and all applicable laws and regulations.

III. Your activity does not promote violence, terrorism, illegal acts, or hatred on the basis of sexual orientation, gender, ethnicity, culture, or religion.

IV. You will not transmit in any fashion any material that contains software viruses, Trojan horses, malware, or any other computer code or files which will disrupt the functionality of any of Gig Goblin’s services.

V. You will not post, copy, reproduce, or distribute in any fashion copyrighted content or other proprietary information without the prior consent of the content’s owner.

VI. You will not represent yourself in Gig Goblin as anyone other than yourself or falsify your identity in any way.

VII. You will maintain current and accurate contact information on your profile. Gig Goblin may edit or remove any information at any time.

VIII. You will not use another user’s account or personal information without her or his express permission.

IX. You will not threaten, stalk, or otherwise harass any person in any way.

X. You will not use our services to advertise or solicit to others or harvest personal information from other users for commercial use of any kind.

XI. You will not use our services to spam, “troll”, or otherwise disrupt the experience for other users or the functionality of our services in any way.

XII. You will not use robots, spiders, or data mining applications of any sort to reproduce or bypass our Services in any way.

XIII. You will not knowingly disrupt or interfere with our servers or anything related to the functionality of our services in any way.

XIV. You will not offer to or in actuality sell, transfer, rent, or lease your account to any other person or third party without prior written consent of Gig Goblin.

XV. If you receive a gig request through Gig Goblin, you will not attempt to “go outside the website” by confirming the booking outside of the platform in order to avoid Gig Goblin receiving a booking fee.

XVI. Gig Goblin has the right, but not the obligation, to supervise and settle disputes between Artists and Users.

XVII. You will not attempt to “game” Gig Goblin by falsely inflating “likes”, ratings, or other positive measures for artists. Conversely, you may not actively hinder the ability of other artists to participate within our services.

In the event of that you witness breaches of this code of conduct, please notify Gig Goblin immediately at admin@giggoblin.com. Gig Goblin reserves the right to suspend or close user or artist accounts, as well as edit or take down any content or information made available through our Services.

Content and Property Rights

For Artists:

1. Proprietary rights of Artist

As between you and Gig Goblin, any and all text, audio, sound recordings, compositions, pictures, photos, videos, graphics, messages, comments, reviews, data, or information that you submit, upload, publish, or display through our services is solely owned, controlled and/or operated by you. By accepting these terms, you acknowledge that Gig Goblin does not claim any ownership in and has no liability with regards to your content.

2. Our rights to your Content

By accepting these terms, you hereby give Gig Goblin the right to use, duplicate, reproduce, distribute, digitally transmit, display, perform, share, stream, modify, edit, and/or remove your content, including all sound recordings and compositions therein, as is reasonable and appropriate in connection with the services. This includes, without limitation, the right to (i) publicly perform your music through our services, (ii) stream your music (both interactive and non-interactive), (iii) include your music in playlists, and (iv) make copies of your music in connection with any of the foregoing. If you believe we have misused your content, please contact us immediately at admin@giggoblin.com. The only remedy is that we will remove the pertinent content from our services. We are not liable for any misuse otherwise.

You represent that you either own or control any and all rights in and to all content as necessary to grant Gig Goblin the rights described above, including all necessary rights with respect to all music. You also represent that all content and music submitted to or posted on Gig Goblin was not produced pursuant to any guild or union collective bargaining agreement, and that Gig Goblin will not owe any residuals, royalties, monies, or other obligations to any guild, union, or artist. Gig Goblin does not and will not assume any guild or union obligations. Just to be safe, we thought it would help to give you two examples:

· If you wrote a song with other people (including members of your band) or if a piece of your music is based on an existing third party song, you are agreeing that you have either acquired all of the rights of the other songwriters, received the other songwriters’ express permission to post the music to our services, or have received express permission to post the music to our services from the owners of the song’s publishing rights.

· If you are signed to a record label and that label owns your sound recordings or publishing rights, you are agreeing that you have your record company’s express permission to post its sound recordings to our services. You are also agreeing that the sound recording, including all samples or other portions of that sound recording, were not produced under any guild or union contract.

If you do not have these rights or are unclear, please contact us immediately prior to posting the content at admin@giggoblin.com.

3. Copyright infringement.

Without limiting anything in Section 3 above, you may not post any unauthorized copyrighted material that constitutes an infringement of third party rights. Offenders of third party copyright laws are subject to having their accounts terminated, as well as being prosecuted in court by the owner of such copyrighted content.

If you are a third party content owner who believes that any piece of content uploaded by a user infringes upon your copyrights, we will
respond promptly to any properly submitted notice, written notifications of claimed copyright infringement should be sent to us at the following contact information: admin@giggoblin.com

To be effective, the notification must be a written communication that includes the following:

· A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

· Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

· Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4. Liability and risk of Content.

By accepting these terms and conditions, you acknowledge that full liability and risk of posted content lie with the artist.

5. Reposting of Content.

You may not repost another User’s or Artist’s Content without that said User’s or Artist’s permission.

For Both Users and Artists:

1. Proprietary rights of Gig Goblin

While Gig Goblin grants you a limited license to access our services upon registration, Gig Goblin maintains ownership and all proprietary rights to all facets of our services, including but not limited to our logo, name, features, interfaces, code, APIs, and web domains. You are not permitted to use, reproduce, duplicate, publish, distribute, or display Gig Goblin’s proprietary services without Gig Goblin’s express written consent.

2. Privacy Policy.

By accepting these Terms and Conditions, you also accept our Privacy

Policy..

Booking

1. Who Can Book

All Users that have completed the registration process and have provided valid credit card information have the ability to confirm bookings with artists with approved Gig Goblin artist accounts.

2. How Users Can Book

Users provide a number of event details then can send a request to an artist (or artists) for the gig. When a gig requested, relevant artists will be notified through text and/or email. The artist then has the option to confirm or decline the gig. If confirmed the user receives notification of this and can book the gig. If declined, the user receives notification but cannot continue with the process.

3. Binding contract

Once a user confirms a booking, the user and artist enter a binding contract. The user and artist are contractually bound with the following mutually agreed upon conditions:

I. Event location. The event location is set upon confirmation of the gig request.

II. Event date and time. The event date and time are set upon confirmation of the gig request.

III. Gig duration. The Artist will play for the amount of time agreed upon during the gig request process and set upon confirmation of the said gig request.

IV. Booking Fee. The booking fee to be paid by the user.

V. Modification of location, date, time, duration, or fee. The event location, event date and time, duration of the gig, and fee paid to the artist may be modified following a confirmed gig request if both parties have agreed to the change. Email us at admin@giggoblin.com and will help to facilitate this.

VI. Additional performance time for artist. Should the User desire that the artist plays for longer than the agreed upon duration, the user must submit the extra payment and duration request via email at admin@giggoblin.com. Any transactions occurring outside of the Gig Goblin platform between the user and artist for gigs set up through our services are not permitted and subject to termination of the license granted by Gig Goblin for our Users and Artists.

VII. User’s responsibilities. Unless otherwise agreed upon in a separate contract a confirmed Gig Goblin booking imposes the following responsibilities on the booking user:

a. Adequate power supply. The user must provide an adequate power supply for the artist.

b. Safety from weather. The user must provide an area with dry and safe enough conditions such that the artist can perform without fear of damage to electrical equipment, being electrocuted, or any threat to personal safety of any kind due to weather.

c. Volume levels. The user is responsible for ensuring that the volume levels during the artist’s performance are compliant with the event location’s local noise ordinances. If the event is shut down by local authorities due to noise violations, neither Gig Goblin nor the artist are liable for noise disturbance or complaints in the surrounding area.

e. Damage to artist’s equipment. The user is liable for all physical damage to the artist’s equipment caused by the user, a guest of the user, or any third parties associated with the user’s event.

f. Liability of event guests, third parties. All liability for the actions of any guests of or third parties associated with the event lies with the user.

g. Interference with artist. The user and any event attendees or third parties must not interfere with the artist’s performance. If any guests harass, threaten, berate, physically or verbally harm, or otherwise interfere with the artist, the artist has the right to stop playing music and end the gig early, without refund to the user.

VIII. Artist’s responsibilities. A confirmed Gig Goblin booking imposes the following responsibilities on the artist:

a. Electronics malfunctions. The artist is responsible for electronics malfunctions that prohibit the artist from successfully performing unless caused by damage from the user or any attendees of the event.

b. Mistreatment of event guests and third parties. The artist may not harass, threaten, berate, or otherwise physically or verbally harm event guests or third parties at the event.

c. Damage to user’s property. The artist will not purposely or recklessly damage personal property of the user.

d. Communication with user. It is the responsibility of the artist to ensure that the User will receive the desired live music experience. Prior to confirmation of the gig request, the artist must be able to and actually deliver the details set out on the request form.

IX. Safety at event. Both the user and the artist are responsible for maintaining a safe and lawful environment at the event.

X. Limitation of liability. For any confirmed booking, the most a user or artist can claim damages for is the total agreed upon booking amount.

XI. Falsified bookings. Bookings falsified with the intent of inflating ratings, arranging payment outside of Gig Goblin for a booking created through Gig Goblin, or for any reason whatsoever are strictly prohibited.

XII. Gig Goblin is not liable. If any of the terms listed above and agreed upon in regards to the binding contract between the user and artist are violated, Gig Goblin assumes no liability or responsibility of any kind whatsoever. Gig Goblin accepts no liability for damages caused by artist no-shows, late-shows, or cancellations. Furthermore, Gig Goblin assumes no liability in disputes between the user and the artist of any sort.

XIII. Violation of binding contract. If any of the terms agreed upon in the binding contract between the user and artist are violated or inappropriate behaviour has been displayed in the reasonable view and discretion of Gig Goblin, we reserve the right to suspend or close the account of the party involved without warning, with or without refund. Gig Goblin also reserves the right to disallow artist payment for the performance.

XIV. Dispute resolution. Please contact us at admin@giggoblin.com if you have any questions, issues, or concerns in regards to the user and artist agreement and binding contract as outlined in the section above.

Cancellation Policy

For Artists

1. No cancellation allowed. The artist may not cancel a confirmed gig at any point.

2. If an artist cancels a confirmed gig at any point:

a. Gig Goblin will recommend replacement artists for the user.

b. A cancellation will automatically incur a zero rating. Gig Goblin also reserves the right to make cancellations negatively affect an artist’s visibility on the platform.

c. Monitoring of cancellations, no-shows, late-shows. Gig Goblin will keep track of all cancellations, no-shows (not showing up for confirmed gig that hasn’t been cancelled through Gig Goblin), and late-shows (not ready to perform at scheduled gig start time.) Gig Goblin will strongly consider closing an artist’s account upon the accumulation of more than 2 combined cancellations, no-shows, or late-shows.

For Users

1. Edits and modifications to request. Users may cancel, edit, or modify a gig request that has not been accepted by the artist at any point.

2. Not within 7 days. Users may not cancel a confirmed gig within 7 days of the event date and time. This means that gigs booked within 7 days of the event date and time may not be cancelled.

3. Not within 30 days if payment exceeds £1000. Users may not cancel a confirmed gig within 30 days of the event date and time if the total fee to be charged to the User is greater than £1000. This means that gigs booked within 30 days of the event date and time with a total fee of £1,001 or greater may not be cancelled.

4. Cancelling. In order to cancel a gig, Users must email admin@giggoblin.com requesting the cancellation.

5. If conditions not met. If Users do not follow the conditions of our cancellation policy, they will be charged the full booking fee for the originally agreed-upon event.

For Both Users and Artists

Extenuating circumstances

In the case of extenuating circumstances that cause a user or artist to violate our cancellation policy, please email us at admin@giggoblin.com. Gig Goblin will use our best and most reasonable judgment in these cases to come to fair solution for all parties involved.

Payment

1. Credit card information

Users’ credit card information is required to complete a booking request.

2. Reception of payment

The user’s card will be charged and the artist will receive the payment upon the completion of the gig, which may take up to 3 days.

3. Violation of Cancellation Policy

If a User violates our Cancellation Policy, the User’s card will still be charged and the Artist will be paid at the time of completion of the originally agreed-upon event.

This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GIG GOBLIN DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND MUSICIANS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GIG GOBLIN 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. GIG GOBLIN MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GIG GOBLIN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES, MUSICIANS, CLIENTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIG GOBLIN OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ARTISTS AND CLIENTS, YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MUSICIANS OR CLIENTS. YOU UNDERSTAND THAT GIG GOBLIN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY SERVICES. ENCORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND MUSICIANS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY GIG GOBLIN. NOTWITHSTANDING GIG GOBLIN’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE MUSICIANS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE MUSICIANS, GIG GOBLIN EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CLIENT OR OTHER THIRD PARTY.

Arbitration Exclusive Remedy

BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE THAT, IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND GIG GOBLIN ARISING OUT OF OR RELATING TO THIS AGREEMENT, SUCH DISPUTE SHALL BE RESOLVED BY SUBMISSION TO BINDING ARBITRATION.

Legal Disclaimers

Limitation of Liability

GIG GOBLIN WILL HAVE NO LIABILITY FOR ANY DAMAGE OR LOSS:

I. DERIVING FROM YOUR INABILITY TO ACCESS ANY OF OUR SERVICES, CONTENT, OR RELATED PARTS.

II. RELATED TO YOUR COMPUTER HARDWARE, SOFTWARE, OR DATA, INCLUDING DAMAGE OR LOSS FROM A SECURITY BREACH

III. FROM ANY LEGAL ACTION WHATSOEVER AGAINST YOU.

IV. DERIVING FROM ANY MODIFICATIONS OR CHANGES MADE TO OUR SERVICES.

V. RELATED TO ANY TEMPORARY OR PERMANENT SUSPENSION OF ACCESS TO OUR SERVICES OR CONTENT FOR ANY REASON

VI. FROM ANY ERRORS, “BUGS”, OR INACCURACIES FOUND IN OUR SERVICES OR RELATED CONTENT.

VII. OF PROFITS, OPPORTUNITY, OR GOODWILL, DIRECTLY OR INDIRECTLY.

BY ACCEPTING THESE TERMS, YOU ACCEPT THE RISK OF DAMAGE OR LOSS OF ANY KIND. GIG GOBLIN MUST BE NOTIFIED IMMEDIATELY IN THE EVENT OF ANY CLAIM RELATED TO YOUR USE OF OUR SERVICES. THESE TERMS SHALL BE EXERCISED TO THEIR FULL EFFECT AS IS ACCEPTABLE AND PERMITTED BY LAW. GIG GOBLIN’S LIMITED LIABILITY PERTAINS TO ALL OUR EMPLOYEES, AFFILIATES, DIRECTORS, OFFICERS, OR SUBSIDIARIES.

VIII. RELATING TO INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Applicable Law and Jurisdiction

In accepting our Terms and using our Services, you acknowledge that these Terms will be governed by and enforced in accordance with the laws of the England and Wales.

Indemnity

In accepting these Terms and using our Services, you agree to indemnify, save, defend, and hold harmless Gig Goblin, our employees, affiliates, directors, officers, and subsidiaries from any claims, damages, demands, losses, costs, expenses, and reasonable attorney fees arising from your use of our services, any breach of our terms, any third party copyright infringement, or any activity from your account.

Disclaimer of All Warranties and Assumption of Risk

GIG GOBLIN’S SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS PERTAINS TO, BUT IS NOT LIMITED TO, WARRANTIES OF ACCURACY, TRUTH, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, SECURITY, DAMAGES, LOSSES, OR ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING OUR SERVICES. FOR SITUATIONS IN WHICH STATE LAW PROHIBIT OR HAVE LIMITATIONS ON THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES LISTED IN THESE TERMS, UK LAW HAS JURISDICTION OVER THESE TERMS AND THESE DISCLAIMERS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES IS AT YOUR OWN, SOLE RISK.

Insurance Liability

Users (Artists and clients) are responsible for obtaining and maintaining their own public and comprehensive liability insurance.

Severability

If any provision in these Terms is deemed illegal, unenforceable or invalid, that shall not affect the legality, enforceability, or validity of any remaining provision in these Terms.

Third Party Agreements

Through our Services you may encounter features that grant you access to third party websites, databases, servers, programs, software, information, applications, or other similar services. When you use these third party services, you may be subject to their own terms and conditions, privacy policy, and other requirements related to their use. Gig Goblin is not responsible or liable for the accuracy, legality, or quality of any of their content or operation in any way, and does not express any warranty or endorsement of any kind related to third party services. These third party services are used solely to facilitate your access to and use of Gig Goblin. You use these third party services at your own risk.

Payment Processor

Gig Goblin uses Stripe for payment processing. In order for you to use Stripe’s payment processing services, you must read the terms and conditions available at https://stripe.com

Concluding Remarks

1. Changes to our Services

Gig Goblin may modify, edit, update, or make changes of any kind to our services at any time without prior warning.

2. Contacting Gig Goblin

Please contact us at admin@giggoblin.com if you have any questions, concerns, or suggestions.

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