Here’s what you agree to by using GigSalad’s rights holder system.
Last revised December 14, 2017
The Gig Bureau, LLC d/b/a GigSalad, a Delaware limited liability company, together with its affiliates, successors, and assigns (“GigSalad,” “we,” “us,” or “our”) provides the www.gigsalad.com website (the “Site”) and the GigSalad mobile software application (the “App”) to provide online booking services and promotional tools for performers, event-related service providers, musicians, agents, consumers, talent promoters, event planners, and entertainment sellers and buyers of all types (use of the Site, including all sub-domains thereof, and our downloadable App, as well as our related products and services, collectively, the “Services”).
GigSalad respects intellectual property rights (“IP Rights”), and will remove content and material that, in our discretion, infringes the IP Rights of others, and will terminate registered users, and deny access to others who, in our discretion, infringe the IP Rights of others. GigSalad has established the TM Dispute System to assist certain intellectual property rights holders (each, a “Rights Holder”) in protecting IP Rights.
About the TM Dispute System
If you believe a GigSalad user or any content within GigSalad’s Services violates your IP Rights relative to Registered Marks, you may choose to use the System in accordance with its procedures and requirements to communicate your Complaint to GigSalad and to the user of the Services you believe is responsible for the perceived infringement.
Specifically, and without limitation, at all times when using or accessing the TM Dispute System:
You understand, acknowledge, and agree that the TM Dispute System is to be used only in connection with claims of perceived infringement of rights relative to your Registered Marks that have been verified to and by GigSalad (in GigSalad’s discretion), and you will comply with all instructions, procedures, and requirements for verification of Registered Marks and use of the TM Dispute System as provided to you by GigSalad.
You acknowledge and agree that you will only submit a Complaint if you believe (i) in good faith that any allegedly infringing material complained of in a Complaint is unauthorized by the material’s IP Rights Holder, its agent, or the law, and (ii) that the information contained in the completed Complaint form is accurate in all respects.
You acknowledge and agree that GigSalad has the right(s) to review your Complaint and all accompanying information submitted therewith and to determine, in its sole discretion, whether more information is needed to evaluate your Complaint; and you agree to respond within three (3) business days to any such request for more information or any other inquiry from GigSalad.
You authorize GigSalad, in connection with the processing your Complaint, to use as we see fit, any and all information submitted by you that is related in any manner to your use of the TM Dispute System, including, but not limited to, in notifying the alleged infringer of your Complaint.
You are solely responsible for the content or information you submit through the TM Dispute System or transmit to users of the Services, as well as for your interactions with GigSalad users. GigSalad reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and any user.
You will not submit through the TM Dispute System or transmit to users of the Services or GigSalad 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, IP Rights, and rights of privacy and publicity).
You will use the TM Dispute System in a manner consistent with any and all applicable laws and regulations.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
Representations and Warranties
Disclaimers and Liabilities
4. DISCLAIMERS.You use the TM Dispute System at your own risk. GigSalad is under no obligation to take any action in connection with your use of the TM Dispute System, including content or other materials that you make available. To the maximum extent permitted under applicable law, GigSalad disclaims all warranties of any kind, whether express, implied, or statutory. The TM Dispute System, including any of its capabilities and functionalities, and all data and information featured in the TM Dispute System, is provided strictly “AS-IS” and without any warranties of any kind, either express or implied, including without limitation warranties of non-infringement, title, accuracy, truth, availability, reliability, completeness, currency, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) whether a user of the TM Dispute System or the Services posts or transmits any material that infringes or violates another party’s rights (including but not limited to, such party’s IP Rights); and (ii) compliance with local, state and federal laws by you or any other user of the TM Dispute System or the Services. Further, by providing the System we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility for, proactively monitoring or policing the activities of users of the TM Dispute System and the Services with respect to their compliance or non-compliance with laws relating to IP rights and whether any user transmits or posts any material that infringes or violates another party’s IP Rights. We make no representation that the information in the TM Dispute System is appropriate or available for use in locations outside the United States and Canada, and access to the TM Dispute System from locations where the provision of such information may be illegal is prohibited. Users who determine to access the TM Dispute System from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
Modifications and Disclosures
Indemnification, Relationship, and Disputes
10. WAIVER AND RELEASE.By using the TM Dispute System, you hereby waive any and all rights of recovery, under any theory of law, that you may have against GigSalad and its parents, subsidiaries and affiliates, and you release each of the foregoing from any and all liability, claims, causes of action, or demands, arising out of or on account of (i) your use of the TM Dispute System, (ii) the provision of the TM Dispute System by GigSalad, or (iii) the provision of Services to any user thereof you allege to have violated your IP Rights. You acknowledge that the foregoing waiver and release covenants are material terms in GigSalad’s decision to make the System available to you. If you are unwilling to agree to such covenants, you may utilize Sections 19 and 20 of the General Terms to notify us of perceived violations of your IP Rights, but you may not use the TM Dispute System.
Notice to California Users. Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.