1. Incorporation of Introduction. You hereby represent that everything in the Introduction, above, is true and accurate, and agree that the Introduction is a part of these Terms and Conditions.
2. Modification of Terms and Conditions. We may modify these Terms and Conditions at any time. Any such modifications will apply prospectively, from the date the modifications are made, as designated by the “Revised On” date depicted in red above. Your use of the Site subsequent to any modifications will constitute acceptance of the Terms and Conditions as so changed. You will be given notice of each modification by: (a) the updating of the “Revised On” date depicted in red, above, and (b) an email sent to you by us at the address you designate, in the event you choose to designate an email address. If you choose not to designate an email address, you expressly agree that, by updating the “Revised On” date when modifications are made, we are providing you with sufficient notice of such modifications, and that you will therefore be bound thereby if you continue to use the Site. As such, please check the “Revised On” date prior to each use of the Site by you, as you will be bound by these Terms and Conditions as they exist on the date of each such use.
3. Reserved Rights. Without limitation to all other rights enjoyed by Gig Salad, we expressly reserve the right at any time to:
- Modify these Terms and Conditions as provided herein;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories, business models, offerings;
- Terminate the membership of any Member without refund and/or pursue legal action against any user of this website who does not comply with these Terms and Conditions, though Gig Salad assumes no obligation to do the same;
- Change any fees or charges for using the Site;
- Change, edit, add to, disable or delete any PromoKit information or imagery at our sole discretion, or other Site content, without notice;
- Terminate “Event Planner” accounts we feel may be putting our Members at risk, either because they have not provided a valid phone number or because of suspicions we may have regarding the validity of an inquiry;
- Revoke any account without refund for acting in a manner Gig Salad deems inappropriate or unprofessional during any aspect of member-to-client or member-to-member interaction, including without limitation: initial contact, booking negotiation, performance or service provision, and settlement of payment due; and
- Remove any free Member account at any time for any reason.
4. Online Conduct. At all times when using or accessing this Site, you agree that:
- You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Site or transmit to other Members.
- You will not post on the Site, or transmit to other Members or Gig Salad employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Site does not comply with the foregoing.
- You will use the Site in a manner consistent with any and all applicable laws and regulations.
- You will not include in your profile any offensive or sexually suggestive references or post any photographs or other images containing nudity. Gigsalad.com reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions.
- You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time.
- You will not falsify your identity or misrepresent yourself in any way on the Site or in your Gig Salad PromoKit.
- You will not “stalk” or otherwise harass any person in any way.
- You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Site.
- You will not transmit any chain letters, spam or junk email to other Members or to us.
- You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
- You will not harvest or collect personal information about other Members whether or not for commercial purposes, without our written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. Gig Salad pays royalties to ASCAP and BMI to play music from their artists on our website. As a Member it is your obligation to determine affiliation of songs you upload to the Site. Apart from these affiliations we do not have permission to post music from other artists on the Site and you agree that by uploading your music you have unrestricted permission to post such music. For a list of ASCAP and BMI artists, please contact ASCAP and BMI directly.
- You will not interfere with or disrupt our services or the Site, or the servers or networks connected to our services or the Site.
- You will not post html code except where instructed in any area of your profile on this Site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
- You hereby grant Gig Salad permission to add content to your PromoKit at our sole discretion by uploading content found on the website link that you post as your “Official Website” in order to increase the quality or presentation of your PromoKit.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to www.gigsalad.com or our services or the Site in order to direct any person to any other website for any purpose.
- You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
- You are solely responsible for your interactions with other Members. Gig Salad reserves the right, but has no obligation, to monitor disputes between you and other Members.
- You will not, for any reason, directly or indirectly submit reviews to a PromoKit with which you are affiliated. Reviews may only be posted by actual clients who have booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion. Also, writing reviews for your competitors with the intent of tearing them down is the lowest form of competitive behavior and will result in immediate termination of your account without refund if we have reason to believe you have done so. As a company we follow the “Golden Rule” and require the same from our Members: treat others the way you wish to be treated. Posting any illegitimate reviews will result in termination of your Gig Salad membership without refund, and we may forever bar you from the Site.
- You will not re-sell or re-offer any lead you receive through Gig Salad to another performer, vendor or service provider, nor will you re-offer or post to any website any lead you receive through your relationship with this website.
- You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from Gig Salad related to your or another Member’s compliance with these Terms.
Failure to comply with these provisions outlined under “Online Conduct” may result in immediate suspension or termination of your right to use the Site without refunding your membership fees. Gig Salad reserves the right, in its sole discretion and in all instances, to determine whether a Member has or has not complied with any provision contained in these Terms.
All membership sales are final and will not be refunded, unless specifically agreed otherwise by us.
When you register at our Site, you will create a password and a user id, which will provide you access to certain services and materials available through the Site unless revoked by us for any reason. You agree not to disclose your user id and password to any third party. If at any time you believe that your user id name and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your login name and/or password immediately through the member control panel on our Site. You agree to be responsible for and to indemnify, defend and hold Gig Salad, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
6. Under age user policy. In order to use Gig Salad you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from registering for and/or booking talent on this Website.
A legal guardian of a Minor may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account. You represent that the information that you provide about yourself as requested in any account registration form on Gig Salad is accurate and complete.
7. Free Member Accounts. Gig Salad allows Members to set up one (1) free account, which may be terminated or redacted by Gig Salad at any time, for any reason, and without notice. Members shall not have more than one free PromoKit at any one time if they are part of the same affiliation, regardless of Location or Act Name specified in the PromoKit.
8. Links To Other Web Sites And Services. Gig Salad does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Unless stated otherwise, Gig Salad does not endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users’ convenience. Access to such other sites is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not endorse, sanction, or verify sites that link to this Site, even if any logo or mark of Gig Salad is used as part of the link to this Site.
9. Disclaimer. The contents of our Site, and the Site as a whole, is intended strictly for the purposes of: (i) providing a forum for performers, speakers, bands, vendors, musicians and other talent to post information about themselves, and (ii) facilitating the booking of such talent for engagements (collectively, “Permitted Uses”). You represent and warrant that you understand, and agree, that Gig Salad is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of this Site regarding the provisions of services at any event or engagement. While we do believe that Gig Salad Members will achieve some amount of exposure from a listing on the Site, we do not guarantee in any way that the use of the Site will produce paying clients for our members. We do not represent or guarantee that this Site will further the careers of our Members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, Gig Salad does not take responsibility for the content of any Member profile, or Member services offered on any profile. Concerns regarding any such service, resource, or link posted or offered by a Member should be directed to the particular Member. Gig Salad does not endorse, sanction, or verify Members on this website. Contacting these Members, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any Member listed on this Site.
10. No Partnership, Agency, or Affiliation. Unless stated otherwise by Gig Salad, it is expressly understood that Gig Salad is not the partner, agent, joint venturer, or otherwise an affiliate of you or any user of the Site.