Welcome to Gigbooker.com (the “Site”). The following terms and conditions (“Terms”) govern your use of the Site and all services available on or through the Site (the Site and such services are collectively referred to as the “Services”). The words “user,” “you” and “your” as used in these Terms refer to users of the Services, and if you are under the age of 18 years old, “you” and “your” also includes your parents or legal guardians. “We” and “us” refers to Unlimited World Entertainment LLC dba Gigbooker.com. You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged. These Terms, as may be amended from time to time, will be effective commencing with your first use or registration of the Services and will remain in full force and effect throughout your use of the Services.
I. AUTHORIZATION; ACCOUNT
A. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE: By checking the “Agreed” box below, you signify (i) that you are at least 18 years old, and (ii) your (and, as the case may be, your minor child’s) acknowledgment of, and agreement to, these Terms. If you are using or opening an account on the Site on behalf of a company, entity or organization (including, but not limited to, a band) (each an “Third Party Entity”), then you represent and warrant that you: (i) are an authorized representative of that Third Party Entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such Third Party Entity. The Services are not intended for children under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, YOU MUST NOT USE OR ACCESS the Services AT ANY TIME OR IN ANY MANNER. THE SERVICES MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. We do not seek through the Services to gather personal information from or about children under the age of 16. If you do not accept and agree to these Terms, you may not use, and will not be permitted or otherwise authorized to use, all or any portion of the Services. You hereby agree to comply with all applicable laws and regulations. Without limiting the generality of the foregoing sentence, if you operate or control your own domain or website (whether such domain or website is hosted by us or another online service provider) that utilizes any portion or feature of the Services (i.e., widgets, datafeeds, etc.) or otherwise incorporates any Content (as defined below) provided to you through the Services, you may need to file an Interim Designation of Agent to Receive Notification of Claimed Infringement with the U.S. Copyright Office in accordance with Section 201.38 (37 C.F.R. 201.38) of the U.S. Copyright Office interim regulations available at http://www.copyright.gov/fedreg/1998/63fr59233.html. Please consult with your attorney or appropriate legal counsel to ensure your compliance with all applicable laws and regulations.
B. CHANGES: We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these Terms at any time, with or without prior notice other than by posting the revised Terms on the Site. Such changes, modifications and/or alterations are effective immediately upon posting. The Terms will be identified as of the most recent date of revision. Continued use of the Services will constitute your binding acceptance of the changes and/or modifications and/or alterations of these Terms. You are responsible for periodically reviewing this page to ensure your continued acceptance of these Terms.
C. REGISTRATION: You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof. You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, or other account information, or any other breach of security that you become aware of. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
II. SERVICES
A. PROVISION OF SERVICES. We may provide Services through other third party sites, or any other media or channels now known or hereafter developed. The Services may require that you agree to additional terms and conditions, including those of third party sites. Any additional terms and conditions required by us for use of any portion of the Services offered by us (but not those of any third party site) will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the services with respect to which those additional terms relate. Such additional terms and conditions (if any) (but not those of any third party sites) are hereby incorporated into and made a part of these Terms by reference. You may also be subject to the terms of use of any third party sites and you are solely responsible for your acceptance of and compliance with such terms. Further, as you use the Services you may notice links to third party sites. These links are for convenience only. If you use these links, you will leave the Site. We are not responsible for the availability or content of these third party sites, or for any viruses or other damaging elements encountered in linking to a third party site, whether or not we are affiliated with the owners of such third party sites. In addition, the provisioning of links to third party sites is not an endorsement or approval by us of the organizations owning, operating or sponsoring such third party sites, or their products or services. These Terms do not apply to third party sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any third party sites, applications, software or services. Notwithstanding the immediately preceding sentence, the use of any portion or feature of the Services, if any, available on or through a third party site will continue to be subject to these Terms.
B. USE OF THE SERVICES:
You agree to not (nor assist any persons in engaging in any of the following):
1. Use the Site in such a way as to offend, harass, or interfere with the use of the Site by anyone;
2. Upload, post, email, transmit or otherwise make available any content, names, information, or materials of any kind to the Site that would violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to names, information, or materials that libel, defame, or invade the privacy of any third party, or which are obscene or pornographic, that is unlawful, harmful, threatening, abusive, harassing, vulgar, false or inaccurate or racially, constitute personal attacks on other individuals; infringe the intellectual property, trade secret or proprietary rights of any third party; promote illegal activity; advertise or solicit funds or goods or services; or are deemed confidential by any contract or policy.
3. Attempt to access or access any other user’s account;
4. Create a false identity or impersonate another person or entity in any way;
5. Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
6. Attempt to elude the security systems of the Site;
7. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services, Materials or Content, or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by us;
8. Attempt to gain access or gain access to the Site in a fraudulent manner;
9. Use the Site for any purposes other than those intended by Unlimited World Entertainment LLC, as determined by Unlimited World Entertainment LLC in its sole discretion; or
10. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment. We further reserve the right to modify and/or discontinue the Site at any time without notice, and to terminate your password and account should you be in violation of this user agreement, including but not limited to the provisions of this section entitled “Use of the Services”.
You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at our sole discretion. We reserve the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
III. CONTENT
A. CONTENT: You hereby acknowledge and agree that you are solely responsible for all material that you post, publish, upload or transmit on or through the Services, whether to us or a third party, including but not limited to musical works, software, designs, text, comments, messages, literary works, images, photographs, illustrations, audio clips/sound recordings, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks/service marks, and trade names, trade dress and patents (the “Content”). This includes Content which may be posted, published, uploaded, transmitted or accessed from third-party sites such as, by way of example and not limitation Facebook, YouTube, and Twitter. You represent, warrant and covenant that no Content submitted by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent, warrant and covenant that you own and/or have all legal rights necessary, or have obtained all necessary rights, permissions, authorizations, licenses, and clearances to post, publish, upload, or transmit any Content submitted by you and to grant the rights to the Content as set forth in these Terms. Further, you represent, warrant and covenant that our use of the Content will not require us or any third party site on or through which the Services is made available to pay any fees of any kind to any third party, including, but not limited to, any sound recording copyright owner, any musical work copyright owner, any PRO (musical work or sound recording), any union, guild, non-featured vocalist or musician, engineer, producer, co-author, record royalty participant or any other person or entity, or any use or re-use fees for the use of any sound recording or audiovisual work.
You must not upload or transmit any Content to or through the Services or to us through email that you consider to be confidential or proprietary or the rights to which have not been cleared by you.
B. DISCLOSURE OF CONTENT: You hereby acknowledge and agree that Unlimited World Entertainment LLC, at its sole discretion, and at all times, possesses the right to refuse and/or to cause the removal of any or all of your Content for any reason. Except as otherwise expressly agreed to in a separate writing signed by you and an authorized representative of Unlimited World Entertainment LLC, or as otherwise specified in these Terms, any Content uploaded or transmitted to or through the Services or to us via email will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by us for any purpose or disclosed by us to any third party with or without notice to you and without any liability to us. Without limiting the generality of the foregoing, you hereby acknowledge and agree that Unlimited World Entertainment LLC, at its sole discretion, may disclose your Content to a third party in order to:
1. Comply with relevant court orders and/or legal guidelines; and/or
2. Protect the rights and safety of other individuals; and/or
3. Settle disputes over intellectual property ownership.
Other materials may be made available on or through the Services, by third parties not within Unlimited World Entertainment LLC’s control. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly via the “Contact Us” link located at the bottom of the Site’s pages if you believe any such materials on or through the Services infringe a third party’s intellectual property rights. Upon our receipt of a notice of claimed infringement we will follow the procedures under the Digital Millennium Copyright Act (“DMCA”), to provide such notices and communications to any third party. If you engage in “Repeat Infringement”, which is defined as two or more instances where you have infringed on the rights of a third party, we may terminate your registration and account without notice, and you will no longer be permitted access to the Services.
V. PROTECTION OF INTELLECTUAL PROPERTY
A. GENERALLY: The content made available on or through the Services, including without limitation, any text, software, graphics, photos, sounds, music, videos, games and interactive features, may be protected by copyright or other intellectual property rights and owned by us or third party licensors of Unlimited World Entertainment LLC. No material from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to us or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof. We own, protect and enforce copyrights in our own creative material, including but not limited to our software, designs, text, images, photography, illustrations, audio clips, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks/service marks, and trade names, trade dress and patents (the “Material”). You agree not to reproduce, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, but not limited to the display and distribution of the Materials via a third party site) without prior written consent from Unlimited World Entertainment LLC. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
B. TAKEDOWN: Our intellectual property policy is to (1) remove material that we believe in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (2) remove any Content posted to the Service by “repeat infringers.” We consider a “repeat infringer” to be any user that has uploaded Content to the Services and for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Content. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.
VI. DISCLAIMER & LIMITATION OF LIABILITY
A. DISCLAIMER: The Services, Content, Materials, all other items or materials are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either expressed or implied, statutory or otherwise, and we are not responsible for the accuracy, decency, integrity, quality, legality, usefulness, or safety thereof. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Unlimited World Entertainment LLC, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Services or with respect to the information and material contained on the Services. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNLIMITED WORLD ENTERTAINMENT LLC AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNLIMITED WORLD ENTERTAINMENT LLC, AN EMPLOYEE OR REPRESENTATIVE OF UNLIMITED WORLD ENTERTAINMENT LLC OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. UNLIMITED WORLD ENTERTAINMENT LLC AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
B. LIMITATION OF LIABILITY: To the fullest extent permissible pursuant to applicable law, Unlimited World Entertainment LLC, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not liable for damages of any kind including, without limitation, lost profits, business interruption, or other compensatory, consequential, incidental, indirect, special, punitive or similar damages, that may result from the use of, or the inability to use, the Services or, Content, Materials or other items and materials contained in or on the Services, whether provided or otherwise supplied by Unlimited World Entertainment LLC or any third party, even if we have been advised of the possibility of such damages. The entire risk as to the quality, accuracy, completeness, correctness, and validity of the Services, Content, Materials, any other items or material rests with you. Notwithstanding the foregoing, in no event shall Unlimited World Entertainment LLC’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Site or US $50.00, whichever is less. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND UNLIMITED WORLD
ENTERTAINMENT LLC, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNLIMITED WORLD ENTERTAINMENT LLC, UNLIMITED WORLD ENTERTAINMENT LLC’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT UNLIMITED WORLD ENTERTAINMENT LLC WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
VIII. INDEMNITY
You agree to indemnify, defend, and hold harmless Unlimited World Entertainment LLC, its affiliates, and their respective officers, directors, successors and assigns, employees, agents, licensors, representatives, third party providers to the Site, and other users of the Services, from and against all losses, expenses, damages, liabilities, and costs, fees and expenses, including reasonable attorneys’ fees, resulting from your violation of any of these Terms, including, but not limited to, (1) your use or misuse of the Services; (2) your Content, including our or any other user’s use of your Content consistent with these Terms; (3) your breach or other violation of these Terms including any representations, warranties and covenants herein; or (4) your violation of the rights of any other person or entity, including, but not limited to, claims that any Content infringes or violates any third-party intellectual property rights or other proprietary rights, including any claims for the payment of so-called mechanical royalties, synchronization royalties, master use royalties, public performance royalties, or any other royalties claimed by any owner or other party claiming any right in or to all or any portion of any Content uploaded or transmitted by you on or through the Services. You will use your best efforts to cooperate with us in the defense of any claim arising from or caused by conduct of yours that violates these Terms. Unlimited World Entertainment LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, provided that you fully cooperate with Unlimited World Entertainment LLC in asserting any available defenses. You agree not to settle any matter without the prior written consent of Unlimited World Entertainment LLC. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
IX. TERMINATION
A. TERMINATION BY UNLIMITED WORLD ENTERTAINMENT LLC: We may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, for conduct violating these Terms upon our sole determination. You hereby agree to our broad right of termination. Upon any such termination, you must destroy all materials obtained from the Services and all copies thereof, including any authorized copies downloaded by you for your personal, noncommercial use. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. Upon our termination of your use of the Services, we may delete any of your Content available on or through the Services and terminate your access to your Content if those materials remain on the Services, without any liability to you.
B. TERMINATION BY YOU: Once a subscription is activated users are responsible for deactivating it to discontinue payment and use. Subscriptions are automatically active after the free trial end date. It is the sole responsibility of the user to terminate services before the end of the free trial process in order to not be charged for services. Users will be charged a full billing cycle unless subscription is canceled before the trial date ends.
You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an e-mail to [email protected] or using any other account termination functionality that may be offered through the Services. The deletion of your account will not, however, remove all of your Content from the Services. The termination of a paid subscription does not make you eligible for a refund of past/current billing cycles. Users are given a grace period to take advantage of the paid Services and features for the remainder of the current billing cycle; at the end of the grace period the subscription will deactivate and no further charges will be made. Failure to terminate a subscription does not make you eligible for a refund and payment of subscriptions is not dependent upon use.
X. GENERAL
A. SEVERABILITY: If any provision of these terms and conditions is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.
B. WAIVER: A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Unlimited World Entertainment LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
C. ASSIGNMENT: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
D. CUSTOMER SERVICE: In order to obtain customer service, access the “Contact Us” link located at the bottom of the Site’s pages to transmit a message to Unlimited World Entertainment LLC about any issues that may arise in connection with your use of the Services, including those concerning any intellectual property rights.
E. NO AGENCY: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Unlimited World Entertainment LLC as a result of these Terms or use of the Services. You further acknowledge that by submitting Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Unlimited World Entertainment LLC other than pursuant to these Terms.
G. SURVIVAL: The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms.
H. ENTIRE AGREEMENT: This is the entire agreement between you and Unlimited World Entertainment LLC relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by us as authorized in these Terms.
I. EXPORT: No software from the Services may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
J. GOVERNING LAW: These terms and conditions and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of Missouri and applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms and conditions shall be exclusively in the state or federal courts located in the State of Missouri.