Gig Salad has created this web site to provide an online directory for performers, musicians, agents, consumers, talent promoters and entertainment buyers of all types.

Gig Salad is a company created, owned and controlled by Head Factory, LLC. To assist you in using our www.gigsalad.com web site (the "Web Site" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Terms and Conditions of Use. Our Terms and Conditions of Use govern your use of our Site generally. Please read our Privacy Policy and our Terms and Conditions of Use carefully. By using or accessing our Site, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.

This website is controlled by GigSalad.com in the State of Missouri. These terms and conditions will be governed by, and construed and enforced in accordance with, the laws of the State of Missouri. If any term or condition hereof is finally determined invalid, illegal or unenforceable by a court of competent jurisdiction, such other terms or conditions will remain in full force and effect. Gig Salad.com, www.gigsalad.com and Gig Salad are terms used interchangeably throughout this website. Gig Salad reserves the right to change these terms and conditions from time to time in its sole discretion.

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. YOU ARE RESPONSIBLE FOR THESE TERMS IF YOU CHOOSE TO USE GIG SALAD IN ANY WAY. These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and Gig Salad regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to Gig Salad. By using our Site, you agree to these Terms and Conditions. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by clicking here.

We reserve the right at any time to:

• Change the terms and conditions of this Agreement;
• Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
• Change any fees or charges for using the Site.
• Change, add or delete any Promokit information or imagery at our sole discretion, without notice, including uploading a main thumbnail photo where none exists.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or email. Your use of the Site after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign either an online or a non-electronic version of this Agreement.

Disclaimer

The Contents of our Site, and the Site as a whole, is intended strictly for the purpose of providing information about bands, musicians other materials relating to the music industry to the users of our Site (collectively, "Permitted Uses"). While we do believe that our members will achieve exposure from a listing on the Site, Gigsalad.com, Steiner Talent, Inc., Head Factory, LLC, Tetrault Design Associates, Inc. and Steiner People do not guarantee in any way that the use of Gigsalad.com will produce paying clients for members of Gig Salad. Gigsalad.com is an online talent directory and does not promise that it will further the careers of our members, help them financially or otherwise produce income.

Online Conduct

As a visitor to this Site and/or as a Member, you agree that:

• You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Service, or transmit to other Members.Gigsalad.com reserves the right to terminate membership without refund and/or pursue legal action against any user on this website who does not comply with these rules.
• You will not post on the Service, or transmit to other Members or 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 notify us by writing to Gig Salad, 2733 E. Battlefield Rd #105, Springfield, MO 65804 or by sending an email to gigs@gigsalad.com of any material contained in the Service that you believe infringes these rules.
• You will use the Service in a manner consistent with any and all applicable laws and regulations.
• You will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or such personal information. Gigsalad.com reserves the right, but has no obligation, to reject 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 thumbnail image. We reserve the right to add an image we feel appropriate until you delete that image and upload your own.
• You will not falsify your identity to put any person or entity at risk.
• You will not "stalk" or otherwise harass any person.
• You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members.
• 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 their express 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", 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.
• You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
• You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the 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, e-mail 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 computer software or hardware or telecommunications equipment. Please notify us by writing or sending an e-mail to info@gigsalad.com of any material contained in the Service that you believe infringes these rules.
• 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 metatags or code or other devices containing any reference to www.gigsalad.com or the Service 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. Gigsalad.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

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.

Registration for Users

While you can visit our Site, and review a range of information about entertainers and groups of entertainers, as well as other materials relating to the entertainment industry, without registering, to post information on our Site, and to obtain access to certain other materials or information from our Site, we may ask that you become a registered user to access certain information. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Site, you agree to provide us with accurate, complete, and updated information required by the registration form ("Registration Data"), including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms.

Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy.

When you register at our Site, you will create a "user id" and a "password," providing you access to associated services and materials. When you re-visit our Site, this user id and password will provide this same access to you. If you become a registered user of our Site, you agree not to disclose your login name and password to any third party. If at any time you believe that your login name and/or password has been revealed to any other party, or otherwise compromised, you agree to change your login name and/or password immediately through our "Edit Profile" page on our Site. You agree to be responsible for, and to release, indemnify and hold Gig Salad, and its officers, directors, employees, agents, licensors, and suppliers, harmless from, 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.

Gig Salad reserves the right to terminate "Talent Buyer" accounts we feel may be putting our Paid Members at risk and or who do not provide a valid email address and phone number, as outlined during the talent buyer registration process.

Site Content Ownership

Unless otherwise noted, all text, images, illustrations, colors associated with our brand, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Gig Salad (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Gig Salad.

Trade names and trademarks present on the Site either are owned by Gig Salad, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, Gig Salad does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Gig Salad hereby expressly disclaims any such affiliation or endorsement.

You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Site. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.

Submissions

With respect to any photographs, video clips or sound clips you may provide to Gig Salad for posting on your Talent Profile (collectively, "Submissions"), such Submissions shall remain your property. You hereby unconditionally grant to Gig Salad a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions SOLELY IN CONNECTION WITH THE SITE.

Gig Salad does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user profiles. Gig Salad has no obligation to respond to any profile submissions, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the content you provide to us; and (ii) that all content submitted by you to the Site does not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any content you provide, as Gig Salad shall have no obligation to return any content to you should it become damaged or lost.

Gig Salad reserves the right to edit any user profiles at our sole discretion. As a Member, you must maintain current contact information on your profile, including at least one main thumbnail image. We reserve the right to add an image we feel appropriate until you delete that image and upload your own. We reserve the right to delete any account we have given as complimentary in the past that does not adhere to our policies including, but not limited to, uploaded images and current information regarding your act.

Without limiting any of the foregoing, you agree that Gig Salad may use or disclose information about your act and your use of the Site in accordance with our Privacy Policy. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.

Complaints Over Perceived Infringement

Gig Salad respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, Gig Salad may use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose costs on us, or impose a substantial burden on our hardware, software, or administrative systems.

If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work.

Gig Salad Designated Agent

If you believe materials posted on our Site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns:

Gig Salad
2733 E. Battlefield Rd #105
Springfield, MO 65804
phone: 417.889.9909
e-mail: gigs@gigsalad.com

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. Gig Salad does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site 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 necessarily 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.

All sales transacted through the Gig Salad.com website are final after 30 days after joining, unless your membership became active during a promotional guarantee extension period. Outside of these timeframes,in the event that Gig Salad decides that a refund may be available to you in their sole discretion, the form of such refund is also within the sole discretion of Gig Salad.

Disclaimer of Warranties

NEITHER GIG SALAD, HEAD FACTORY, L.L.C., STEINER TALENT, INC., TETRAULT DESIGN ASSOCIATES, INC., NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE.

While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. GIG SALAD SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.

Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether musicians contacted through the Site will show at any such events; (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.

You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Choice of Law and Jurisdiction

Gig Salad makes no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.

Site and Service Modifications

We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.

In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.

Transfer of Rights and Assignment

Gig Salad may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that Gig Salad may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by Gig Salad' then-applicable Privacy Policy.

Indemnities

You agree to indemnify Gig Salad, and its officers, directors, employees, agents, licensors, subcontracotrs and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.

Your Consent

By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site.

 

Revised and updated March 9, 2007.