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AnyGig.com
Terms and Conditions
You must read, agree with and accept all of
the terms and conditions contained in this User Agreement
which include those terms and conditions expressly set out
below and those incorporated by reference, before you become
a member of AnyGig. We strongly recommend that, after you
read this User Agreement, you also access and read other pertinent
pages of the AnyGig web site, as they may contain further
terms and conditions that apply to you as an AnyGig user.
We may amend this Agreement at any time by posting
the amended terms on our site. Except as stated below, all
amended terms shall automatically be effective 30 days after
they are initially posted on our site. This Agreement is effective
on September 12, 2006 for new registering users and for all
existing users who registered prior to September 12, 2006.
If you do not agree to the terms and conditions of this Agreement,
do not use or access our services.
1. AnyGig is not a booking agency.
AnyGig is not a booking agency or a talent representation
agent. We do not procure employment for musicians, bands or
solo performers. We are simply a web site that contains a
database of bands and solo performers that can be browsed
by hiring professionals. We are not involved in any of the
details of the arrangements between buyers and sellers. All
arrangements between the musicians, bands or solo performers
and the person(s) hiring the musicians are to be negotiated
and agreed upon outside of the services of this site. We simply
provide a medium for a hiring professional to find and contact
a band.
1.1 No Representation
Since AnyGig is not a booking agency, AnyGig does not represent
any of the musicians, bands or solo performers on this site.
All musicians, bands and solo performers represent themselves,
therefore AnyGig makes no claim regarding the accuracy or
authenticity of any of the information, profile descriptions,
audio samples, videos, photographs, etc. regarding the members
of this site. You should never hire a band "sight unseen".
It is the sole responsibility of the person(s) contacting
or hiring any musicians, bands and solo performers that they
further investigate the members services by emailing the member(s),
obtaining a demo CD, promotion package, arranging an audition
and/or seeing the band play live before you determine if this
band is the right band for your event.
In the event that you have a dispute with one or more AnyGig
Members or users, you release AnyGig (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes.
2. Release
We do not control the information provided by our Members
and users that is made available through our system. As a
result, we have no control over the quality, safety or legality
of the items, the truth or accuracy of the listings, the ability
of artists to sell services or the ability of buyers to buy
services. We cannot ensure that a buyer or seller will actually
complete a transaction. All photographs, videos, audio samples,
descriptions etc. are provided by the members themselves,
and AnyGig claims no accuracy or validity of said information.
You may find a member's information or music to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe buying, selling, booking, and communications
when using the site. Please note that there are also risks
of dealing with underage persons or people acting under false
pretense. By using this site, you agree to accept such risks
and AnyGig is not responsible for the acts or omissions of
users on the site.
3. Fraud.
Without limiting any other remedies, AnyGig may suspend or
terminate your account and/or Membership if we suspect that
you have engaged in fraudulent activity, misrepresentation,
or falsehoods in connection with the Site.
4. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL AnyGig BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY
TO USE, THE MATERIALS ON THIS SITE, EVEN IF AnyGig OR A AnyGig
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. Indemnity.
You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, officers, directors, agents,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents
it incorporates by reference, or your violation of any law
or the rights of a third party.
6. Legal Compliance.
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of our service and your bidding on, listing, purchase,
solicitation of offers to purchase, and sale of live entertainment
services and other related items.
7. No Agency.
You and AnyGig are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this agreement.
8. Arbitration.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action
taken by AnyGig to collect our fees and/or recover damages
for, or obtain an injunction relating to, the AnyGig site
operations, intellectual property, and our services, shall
be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration
shall be conducted in the state of New Hampshire and judgment
on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or AnyGig may seek any interim
or preliminary relief from a court of competent jurisdiction
in New Hampshire necessary to protect the rights or property
of you or AnyGig pending the completion of arbitration. Should
either party file an action contrary to this provision, the
other party may recover attorney's fees and costs up to $1000.00.
If you have any questions about these terms and conditions,
please feel free to contact
us.
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