Terms of Service
Last Updated: September 9, 2021
1. ACCEPTANCE OF TERMS
The following Terms of Service, together with any documents they expressly incorporate by reference, ("Terms") constitute a legally binding agreement between you ("you", "user" or "your") and GigFinesse, Inc., ("GigFinesse", "Company", "we", "our" or "us") regarding your access to and use of our services, including GigFinesse.com and any subdomains thereof, and any other websites through which we make our services available ("Website", "Websites"), and all associated features, functionalities, user interfaces, as well as all content and software applications associated with our services (collectively, "Services" or "Service"), whether as a guest or a registered user.
GigFinesse offers an online platform that enables users to book live-music performances and to receive metrics and information regarding such performances, among other things. Users who seek to book venues to perform as musicians, bands and other artists are "Artists"; users who are looking to hire and compensate Artists for such performances are "Venues". GigFinesse may from time to time maintain policies that supplement these Terms and that apply only to Artists or to Venues. Artists and Venues are responsible for understanding and complying with all such terms and conditions that apply to them, respectively.
Our Website or Services are offered and available to users who are 18 years of age or older. By using our Website or Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
2. CHANGES TO THESE TERMS
GigFinesse reserves the right to modify or change these Terms at any time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or Services thereafter. If we make changes to these Terms, we will revise these Terms with the latest changes and update the “Last revised” date at the top of these Terms. Your continued use of the Website or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not wish to continue using our Website or Services under our updated Terms, you may terminate your account by contacting firstname.lastname@example.org.
Your access to and use of the Website, the Services and any other interface, application, service or platform currently offered by GigFinesse or offered by GigFinesse at any time in the future (collectively, the "Platform") may be subject to separate policies or may require that you accept additional terms and conditions before you can access that particular part of the Platform. If there is a conflict between these Terms and the terms and conditions of a specific part of the Platform, these Terms will control, unless otherwise stated in the terms and conditions of the respective, specific part of the Platform that you are using.
3. OWNERSHIP OF THE WEBSITE
The Website and its entire Contents (as defined below), features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GigFinesse, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Website and the contents of the Website, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website ("Content") are intended for your personal, non-commercial use, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by GigFinesse. You may not (i) reproduce, republish, upload, post, transmit, modify, create derivative works from, sell or distribute in any way the Content or (ii) without our express written consent, frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of GigFinesse.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, the Terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks, trade names and/or service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
4. WEBSITE ACCESS, SECURITY, AND RESTRICTIONS; PASSWORDS
Subject to these Terms, GigFinesse grants you a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the Website solely for your benefit and no other commercial purpose.
We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or the entire Website, regardless of whether such user has registered an Account (as defined below). You are responsible for both: (a) Making all arrangements necessary for you to have access to the Website, and (b) insuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Website or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Violations of system or network security may result in civil or criminal liability. GigFinesse will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
In the event access to the Website or a portion thereof is limited (such areas, "Protected Areas") and requires a user ID and password (collectively, your "Account Information" and such account, your "Account"), you agree to access Protected Areas using only your Account Information as provided to you by GigFinesse. You agree to protect the confidentiality of your Account Information, and not to share or disclose your Account Information to any third party. You agree that you are fully responsible for all activity occurring under your Account. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your Account Information or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account Information or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your Account Information or other personal information.
Your access to the Website may be revoked by GigFinesse at any time with or without cause. We have the right to disable your Account, your Account Information or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. PAYMENT FOR ARTISTS
Artists will be paid for any shows performed through GigFinesse ("Artist Payment") via any third-party service provider that processes payment transactions and that we may determine in our sole discretion from time to time (a "Payment Processor"). While Artists may perform without having connected a Payment Processor account, Artists must create a Payment Processor account to receive payment. Any and all settlements between Artist and GigFinesse will be paid out via the Payment Processor.
Payment via Stripe
- Create a Stripe account by going to Artist GigFinesse settings page and clicking "Continue Stripe setup" under the "Payout" heading;
- Link Artist bank account to Stripe;
- Fill out Artist tax information via Stripe.
Stripe will automatically send Artist an IRS Form 1099 at the beginning of each calendar year if Artist's earnings with GigFinesse in the previous year passed the requisite threshold. Each single GigFinesse Account only supports one single Stripe account.
Venues will sign up and pay for Services on the Company's Website in accordance with the terms of this Section. GigFinesse will not be responsible for providing any Services to you as a Venue or for making any Artist Payment to a given Artist, prior to you choosing a Membership (as defined below) and paying the applicable Membership fees in accordance with the terms set forth below.
You will be prompted to choose a Membership upon the creation of your account. A "Membership" means a Venue's paid subscription to the GigFinesse Services and Website that renews at certain, preset intervals. A Membership is currently offered for a term of one (1) year, six (6) months or one (1) month (collectively, the "Membership Terms") and each shall automatically renew each year, every six months or each month, respectively, until you choose to cancel your Account and/or your Membership in accordance with these Terms.
Upon beginning your Membership, you will be required to enter your billing information. The fees associated with the Membership and each of the Membership Terms can be found on the Website. Please refer to the pricing listed at the time you begin your Membership for your applicable Membership fees. Any Venue that opts for a Membership with a term of one (1) month (the "Monthly Membership") will be charged additional service fees and onboarding fees than those Venues opting for the longer-term Memberships. The price of any Membership and any additional fees for that Membership, including, but not limited to, those additional fees applicable to the Monthly Membership, may be set or changed by GigFinesse at any time. Any price change or additional fee added to a Membership will become effective on the first day of the next Membership Term.
We will charge you for your selected Membership using the services of our Payment Processor. By using the Website and the Services, and enrolling in a Membership, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for the Services, at the rate applicable to your Membership Term, in accordance with any applicable payment terms. The processing of payments is subject to the terms and conditions and privacy policies of our Payment Processor. By enrolling to use the Services and providing your billing information, you agree to pay the recurring Membership fees, which shall renew automatically at the start of each Membership Term, and accept responsibility for all recurring charges prior to any cancellation. GigFinesse also reserves the right to require that your Membership fees be paid prior to the start of your Membership Term if the total amount of those Membership fees is above a certain threshold amount that the Company will determine, and make known, from time to time.
A Venue may choose to pay GigFinesse the Membership fees and any other fees associated with the Account by mailing a check (the "Membership Fee Check") to the Company's address provided herein. GigFinesse must receive any Membership Fee Check on or within a reasonable amount of time after the start of the Membership Term. We reserve the right to charge you additional fees, up to 25% of the total Membership fee, for Membership Fee Checks that arrive unreasonably or consistently later than the start of the Membership Term(s).
Cancellation of Shows
Unless otherwise stated in your contract with GigFinesse, Venues may cancel shows booked through GigFinesse one (1) month in advance without penalty. All Venues will be held fully responsible for 100% of the previously agreed-upon Artist Payment for shows cancelled less than one (1) month in advance. Any and all cancellation-fees will be charged to the Venue immediately upon cancellation.
Cancellation of Membership
You may cancel your Membership on any date during the Membership Term, so long as that date is at least thirty (30) days prior to the start of the next Membership Term, by logging into your Account on the Website or contacting us at the address below. Should you cancel your Membership before the end of the applicable Membership Term, you will have access to your Membership features and Services until the end of that Membership Term.
The Website may contain features allowing data, text, graphics, photographs and their selection and arrangement, and any other materials to be uploaded, posted, displayed or transmitted to the Website by users (collectively, the "User Contributions"). You represent and warrant that all of your User Contributions are original to you and that you exclusively own the rights to any User Contributions uploaded or submitted to the Website by you, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. User hereby acknowledges and agrees that User is solely responsible for his, her or its User Contributions and that GigFinesse is not responsible for any User Contributions or any other material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise providing any User Contributions on the Website, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Contributions in connection with operating and providing the Services. GigFinesse does not guarantee the accuracy, quality, or integrity of any content posted by users other than you.
By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that GigFinesse will not under any circumstances be liable for any User Contributions, including, but not limited to, errors in any User Contributions, or any loss or damage incurred by use of User Contributions. GigFinesse reserves the right to remove and permanently delete any User Contributions from the Website or the Services with or without notice for any reason or no reason.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations and with the content standards contained herein (the "Content Standards"). Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement
Additionally, we have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Content Standards.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. PROHIBITED USES
You agree to use the Website only for proper and lawful purposes and in accordance with these Terms. You expressly agree that, when using the Website or posting your User Contributions, you will not:
- Enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity;
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restriction or any laws regarding the export of data or software to and from the US or other countries;
- License, sell, rent, lease, transfer, assign or otherwise commercially exploit the Website or Services;
- Violate or infringe other people's intellectual property, privacy, publicity or other legal rights;
- Transmit, distribute, post or submit any information about any other person or entity, including without limitation, photographs of others, personal contact information, credit, debit, account or other payment information, without their permission;
- Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
- Post, upload, publish, submit, transmit or grant the Website access to any text, graphics, images, music, audio, video, information or other material that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (iv) promotes illegal or harmful activities or substances.
- Upload, publish, represent, warrant or transmit using the Website to 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;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services; or advocate, encourage or assist anyone else in doing any of the above. GigFinesse has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GigFinesse may involve and cooperate with law enforcement in prosecuting users who violate these Terms. You acknowledge that GigFinesse is not obligated to monitor your access to or use of our Website or Services, but has the right to do so in order to operate the our Website or Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. GigFinesse reserves the right, at any time and without prior notice, to remove or disable access to any Content that GigFinesse, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use, display, mirror or frame the Website, or any individual element within the Website, GigFinesse's name, any GigFinesse trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the GigFinesse's express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
- Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account Information associated with any of the foregoing);
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability;
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Website;
If GigFinesse reasonably believes that you are violating any of these Terms, we may immediately terminate your Account and block or restrict your access to the Website and/or the Services. If we terminate your Account, you agree to immediately stop accessing or using the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized use of the Services, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. Further, we will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting individuals who violate these Terms. You acknowledge that the we have no obligation to monitor your access to or use of the Services or to review your data, but have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to Services for reasons that GigFinesse, at our sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
9. COPYRIGHT VIOLATIONS
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- A physical or electronic signature of a 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 the service provider to locate the material;
- Adequate information by which we can contact you, the complaining party, (including your name, postal address, telephone number, and, if available, email address);
- A statement that the you, 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; and
- 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.
Our designated copyright agent to receive DMCA Notices is:
GigFinesse Copyright Agent
17 State St. Suite 4000 New York, NY 10004
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys' fees.
10. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. LIMITATION OF LIABILITY
The use of the Website and Services is at your own risk. The Content in the Services could include technical inaccuracies or typographical errors. GigFinesse may make changes or improvements at any time.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. GIGFINESSE DOES NOT WARRANT THAT THE GIGFINESSE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIGFINESSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE GIGFINESSE SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
You agree to defend, indemnify, and hold harmless GigFinesse, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all third party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
- your breach of the Terms or your use of the Website;
- your Content or any Content you post or otherwise contribute;
- any activity in which you engage on or through GigFinesse Services;
- your violation of any law or the rights of a third party;
- your use of any information obtained from the Website; or
- any of the above circumstances that are caused by anyone besides you that is accessing the Website using your Account.
13. APPLICABLE LAW
14. DISPUTE RESOLUTION AND ARBITRATION
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.
You and GigFinesse agree that any dispute, claim, or controversy between you and GigFinesse resulting from or relating in any way to these Terms or to your relationship with GigFinesse as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) will be determined by mandatory binding individual (not class) arbitration. You and GigFinesse further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. This arbitration provision will survive termination of the Terms.
Either you or we may start arbitration proceedings. Any arbitration between you and GigFinesse will take place under the rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"). You and GigFinesse agree that the FAA applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. GigFinesse can also help put you in touch with the AAA.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
YOU AND GIGFINESSE AGREE THAT EACH MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and GigFinesse agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
15. CONSENT TO ELECTRONIC COMMUNICATIONS
16. RELIANCE ON INFORMATION
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
18. INFORMATION ABOUT YOU
19. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. GEOGRAPHIC RESTRICTIONS
GigFinesse is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Unless otherwise specified, the Content, Website, and other materials are solely for the Services available in the United States. GigFinesse makes no representations or warranties that the Website, Content, or other material accessible via the Website is appropriate or available in locations outside of the United States. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws, including any export or re-export controls, restrictions, and regulations.
21. WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
22. ENTIRE AGREEMENT
23. COMMENTS AND CONCERNS
If you have any questions, feedback, or comments please contact us at:
17 State St. Suite 4000
New York, NY 10004