Terms and Policies for Anyone Using, Requesting or Providing Information On This Site:   

These terms and conditions establish a legally binding agreement between you, whether as an individual or representing an entity, herein referred to as "you", and Professional Entertainment™ and GigRoster™ and GigRoster.com, herein referred to as GigRoster, with its address at PO Box 78593, Seattle WA 98178. This agreement governs your access to and usage of the GigRoster products and websites. By accessing or using any of our applications, websites, or any other GigRoster service, collectively referred to as the "Service", provided by GigRoster, regardless of the means of access, you affirm that you have carefully read, comprehended, and consent to be bound by these terms. GigRoster is owned or controlled by GigRoster. These terms significantly impact your legal rights and obligations. Should you disagree with any or all of these terms, you are explicitly prohibited from using GigRoster services and websites, and you must immediately cease all usage.

General Conditions

It is your responsibility to periodically review these terms and conditions to stay informed of any updates. By continuing to use GigRoster after the date of such changes are posted, you will be deemed to have accepted the revised version of the terms.

We retain the right to modify or terminate GigRoster or your access to it for any reason, without prior notice, at any time, and without any liability to you.

To use GigRoster you must be at least 18 years old. All users who are minors in their jurisdiction of residence (usually under the age of 18) must obtain permission from and be directly supervised by their parent or guardian to use the service. If you are a minor, your parent or guardian must read and agree to these terms before you can use the Service.

GigRoster operates as an intermediary platform, providing a service aimed at facilitating contractual arrangements between individuals seeking entertainment services and entities offering such services. By participating in the process of booking, hiring, or contracting entertainment services through the GigRoster platform, and with the active involvement of GigRoster employees or associates, each individual hereby acknowledges and affirms their undertaking of thorough due diligence in the selection process. Furthermore, it is expressly understood and mutually agreed that GigRoster assumes no responsibility for guaranteeing, warranting, or representing the content provided by performers engaged through direct or indirect means via the GigRoster platform.

Every performer, whether an individual artist, band, entertainer, ensemble act, or musical group, is to be regarded as an autonomous entity and shall not be considered as an employee or partner of GigRoster. Accordingly, they bear sole accountability for their actions and performance in all instances that fall beyond the direct purview of GigRoster, its employees, or associates.

Your Privacy:

At GigRoster, we highly value your contact information and are committed to using it responsibly. Our approach to handling your information is centered around transparency, security, and your preferences. To read all about it, please review our Privacy Policy at https://www.gigroster.com/help/privacy

Purposeful Communication:

We may reach out to you with essential updates related to our services, products, or policies. Our aim is to keep you informed about relevant developments that could enhance your experience. Additionally, we might contact you to request or provide promotional materials that can better showcase talent or offer additional insights during the booking process.

Facilitating Booking:

As part of our commitment to assisting you throughout your booking journey, we may get in touch regarding potential booking opportunities. This could involve discussing availability, providing pricing details for specific events, or exchanging vital information to ensure a seamless booking process.

Protection of Your Information:

Rest assured that your contact information will never be shared with potential clients, performers, or any other users of the website without your explicit consent. We do not sell or distribute your information in any manner. The use of your information is strictly limited to facilitating the booking of talent or marketing talent to potential buyers who are seeking entertainment services through GigRoster Professional Entertainment.

Privacy and Legal Compliance:

We hold your privacy in the highest regard and will only share your information if compelled to do so by a legal mandate. Your trust is of utmost importance to us, and we deeply appreciate the confidence you place in GigRoster. Our commitment is to support your success in event participation, whether you are booking talent or offering talent. 

Third-party Content

GigRoster may contain links to other websites or services (“Third Party Content”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content belonging to or originating from Third Party Content. Such Third Party Content is not investigated, monitored or checked by us. We are not responsible for any Third Party Content accessible on or by the use of our Service.

If you leave GigRoster and access Third Party Content, you do so at your own risk, and you should be aware that these Terms and Conditions no longer apply.

When accessing Third Party Content, you should review the applicable terms and policies including privacy and data gathering practices. Any purchase you make through Third Party Content will be through other websites and services from other companies. We therefore expressly take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

Prohibited Activities

You may not access or use GigRoster for any purpose other than for which we make GigRoster available. GigRoster may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user, you agree not to make any unauthorized use of GigRoster including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

As a user, you agree to not use GigRoster to advertise or offer to sell goods and services. As a user, you also agree to not circumvent, disable, or otherwise interfere with security-related features of GigRoster including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of GigRoster and/or Content contained therein.

As a user, you agree to not attempt to impersonate another user or person or use the username of another user, sell or otherwise transfer your profile or use any information obtained from GigRoster in order to harass, abuse or harm another person.

As a user, you agree to not disparage, tarnish or otherwise harm, in our opinion, us and/or the Service. You may also not use GigRoster in a manner inconsistent with any applicable laws or regulations.

Intellectual Property Rights

The Services contained are owned or licensed by GigRoster (“GigRoster content”). Unless otherwise indicated, GigRoster is our propriety property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained (the “logo’s”) are owned by GigRoster or licensed to GigRoster and are protected by copyright and trademark laws. GigRoster owns and retains all rights in the GigRoster Content and the Service. You will not remove, alter or conceal any copyright, trademark or other proprietary rights notices incorporated in or accompanying the GigRoster Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the GigRoster Content.

GigRoster hereby grants to you a non-transferable license to use the Service. You may not distribute or make GigRoster available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of GigRoster any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Service). Any attempt to do so is a violation of the rights of the GigRoster. If you breach this restriction, you may be subject to prosecution and damages. 

The Terms will govern any upgrades provided by GigRoster that replace and/or supplement the original Service, unless such upgrade is accompanied by updated terms in which case these terms will govern.

GigRoster does not claim ownership of any content that you post on or through the Service. Instead, you hereby grant to GigRoster a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through GigRoster subject to the privacy policy of GigRoster

You represent and warrant that: (i) you own the content posted by you on or through GigRoster or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your content on or through GigRoster does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.

The GigRoster name and logo are trademarks of GigRoster and may not be copied, imitated or used, in whole or in part, without the prior written permission of GigRoster. In addition, all page headers, custom graphics, button icons and scripts are proprietary rights of GigRoster, and may not be copied, imitated or used, in whole or in part, without prior written permission from GigRoster

User Registration and Account Security

When registering with GigRoster you agree to maintain the confidentiality of your password and will be responsible for all activities conducted through your account. We reserve the right to remove, reclaim, or change any username you select if we, at our sole discretion, find it inappropriate, obscene, or objectionable or for any other reason.

You affirm and warrant that all information provided by you to GigRoster during registration and at any other time is true, accurate, current, and complete. You agree to promptly update your information to maintain its truth and accuracy.

You possess the legal capacity to enter into this agreement and commit to complying with these terms.

You bear full responsibility for any activity that occurs through your account, and you agree not to sell, transfer, license, or assign your account, username, or any other account rights. Except for individuals or businesses explicitly authorized to create accounts on behalf of their employees or clients, GigRoster strictly prohibits the creation of accounts for anyone other than yourself.

You shall not access GigRoster using automated or non-human means, including bots, scripts, or any other method.

You will not utilize GigRoster for any illegal or unauthorized purposes, and your use of the site shall not breach any applicable law or regulation.

Providing untrue, inaccurate, outdated, or incomplete information may result in the suspension or termination of your account, and GigRoster may refuse any and all current or future use of GigRoster (or any portion thereof).

You agree not to solicit, collect, or use the login credentials of other GigRoster users. Furthermore, you must not attempt to hinder another user from using or enjoying GigRoster nor should you encourage or facilitate violations of these terms or any other GigRoster terms.

You assume full responsibility for your conduct and any content or materials (collectively "Content") you submit, post, or display on or via GigRoster including data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links, and other materials.

In the event of a violation of these terms, GigRoster reserves the right to terminate your GigRoster account at its sole discretion. You acknowledge and agree that GigRoster cannot and will not be held responsible for the Content posted on GigRoster and you utilize GigRoster at your own risk. Should you breach these Terms, or if your actions create risks or possible legal exposure for GigRoster, we may discontinue providing all or part of GigRoster to you.

GigRoster reserves the right to demand forfeiture of any username for any reason. Upon termination, all rights granted to you in these terms will immediately cease. If you sign up on behalf of an organization, booking agency, talent agency, or any similar entity, you assert that you are competent and authorized to do so. Additionally, you confirm your authorization to conduct business activities in your country. 

A registration or listing by an organization, booking agency, or talent agency is permissible only when they possess exclusive booking rights for the specified act. If an organization, booking agency, or talent agency includes acts or performers on the list without exclusive rights, GigRoster retains the authority to eliminate any non-exclusive acts and may also eliminate any exclusive ones under the same account. Additionally, GigRoster reserves the right to suspend the organization, booking agency, or talent agency from utilizing its services due to this infringement of the terms and conditions.

Safety

You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (spam) to any GigRoster users, customers, or performers, employees or associates.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate, discriminate or intimidate people or entities and you must not post private or confidential information via the Service

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service

You may not use GigRoster for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example state, local and provincial) applicable to your use of GigRoster including but not limited to, copyright laws

You must not interfere or disrupt GigRoster or servers or networks connected to GigRoster including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any GigRoster page is rendered or displayed in a user's browser or device.

You must not change, modify, adapt or alter GigRoster or change, modify or alter another website so as to falsely imply that it is associated with GigRoster or GigRoster

We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing Content that we determine in our sole discretion violates these Terms. GigRoster reserves the right to remove any Content from GigRoster for any reason, without prior notice. Content removed from GigRoster may continue to be stored by GigRoster, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, GigRoster encourages you to maintain your own backup of your Content. GigRoster is not a backup service and you agree that you will not rely on GigRoster for the purposes of Content backup or storage. GigRoster will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

You agree that GigRoster is not responsible for, and does not endorse, content posted within the Service. GigRoster does not have any obligations to pre-screen, monitor, edit, or remove any content. If your content violates these terms, you bear legal responsibility for that content.

We prohibit crawling, scraping, caching or otherwise accessing any content on GigRoster via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with the express consent of GigRoster).

Modifications and Interruptions

GigRoster, reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we do not have an obligation to update any or all information within our Service. We furthermore reserve the right to modify, change or discontinue all or part of GigRoster without any notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We furthermore cannot guarantee GigRoster will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to GigRoster with the possible result of any interruptions, delays, or errors.

We reserve the right, for the GigRoster services, to change, revise, update, suspend, discontinue, or otherwise modify GigRoster at any time or for any reason without notice to you. By using our services you agree that we have no liability towards you for any loss, damage, or other inconvenience caused by the fact that you cannot access our Service during any downtime of our Service.

Nothing in these Terms and Conditions will be interpreted and/or construed to obligate us to maintain and support GigRoster or to supply any corrections, updates or other measures in connection to this.

Governing Law:

These Terms and Conditions and your use of the Services are governed by and made in accordance with the laws of the United States of America.

Corrections:

The information provided on our Service could potentially include typographical errors, inaccuracies, or omissions, especially in relation to descriptions, pricing, agreements, and other details pertaining to the Service. We maintain the prerogative to rectify any such errors, inaccuracies, or omissions, and to modify or update the information on our Services without prior notification. Please note that GigRoster cannot be held responsible for any incorrect, outdated, or erroneous information, including services, prices, or offerings presented on the GigRoster website, whether by GigRoster itself or by any other parties posting on the platform.

No Warranty:

GigRoster including, without limitation, GigRoster Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither GigRoster nor any of its directors, employees, managers, officers, partners, affiliates or agents (collectively, the "GigRoster Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the GigRoster Content; (c) user content; or (d) security associated with the transmission of information to GigRoster or via the Service. In addition, the GigRoster Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The GigRoster Parties do not represent or warrant that GigRoster will be error-free or uninterrupted; that defects will be corrected; or that GigRoster or the server that makes GigRoster available is free from any harmful components, including, without limitation, viruses. The GigRoster Parties do not make any representations or warranties that the information (including any instructions) on GigRoster is accurate, complete, or useful.

Although it is the intention of GigRoster for GigRoster to be available as much as possible, there will be occasions when GigRoster may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

You acknowledge that your use of GigRoster is at your sole risk. The GigRoster Parties do not warrant that your use of GigRoster is lawful in any particular jurisdiction, and the GigRoster Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms.

By accessing or using GigRoster you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.

The GigRoster Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

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For Performers, Entertainers, Bands, Ensembles or Any Acts Registering On The Site

We are happy to offer a hassle-free registration process for all types of performing acts with Professional Entertainment Consultants. The best part is, there are absolutely no registration fees involved! GigRoster pays all the expenses involved with having your online presence on the GigRoster platform. Your registration allows you to connect with potential purchasers, via our team of Talent Coordinators, who are seeking entertainment services. We believe in providing a platform that fosters opportunities for talented performers and your availability to potential clients will undoubtedly create wonderful experiences for both parties!

Your mission is to craft a captivating listing page that will attract potential purchasers and entice them into hiring your act. We understand that a complete and robust listing page holds the key to securing higher placements in relevant search results. By investing effort in creating a comprehensive and appealing profile, you'll increase your chances of standing out and impressing potential clients. We're here to support you every step of the way, and we believe that a well-crafted listing page will lead to great opportunities for your act. We’ve made it simple, and free of charge to load all the resources to create a full, premium listing. We may also offer an optional service, at a small fee, to help build your basic listing if you’d like to save the time or don’t feel comfortable with some of the standard ways to upload media files and create text that will make your act or service stand out to potential customers. Note that this service does not do anything you cannot do yourself on the site, but may save you time and will create a listing that takes advantage of best practices on the site.

We want to ensure that our entertainers and performers have full control over their listings. If you no longer wish to be listed on the site, you have the option to delete your acts or request the deletion of your full account, including all associated listings and acts. Simply log into your account or send an email from your listed email address, expressing your preference to no longer be available to clients through GigRoster. Your comfort and satisfaction are important to us.

Procedure For Completely Canceling Your Account:

Send an Email to: support@gigroster.com

Subject Line: Please cancel my free account and all associated listings permanently from the GigRoster

Include the Following Statement:

*The email associated with my account:

Please completely remove my free account and all associated listings permanently from the GigRoster family of web sites. I understand once removed, the account, all files and all contact information cannot be recovered. If you are only temporarily inactive we suggest you simply uncheck the box next to ”Publish Your Listing Online So Clients Can Find You.” so your listing remains, but will not be visible online and in searches.

If you ever wish to reinstate your account in the future, we do offer this option for a one-time charge of $150. This fee covers the cost of re-authorizing your email for an account. However, please keep in mind that any previous information and promotional files will need to be reloaded, as they will be permanently deleted upon account deletion. 

You Are Giving Us The Right To Communicate With You For Certain Reasons:

By utilizing our site and availing yourself of a free listing, you hereby consent to our right to communicate with you via phone, email, or text message (SMS) at our option, in order to inquire about specific events or performances, check price and availability, and facilitate bookings. You further acknowledge that the purpose of the free listing is to solicit bookings for events and that, in connection with this purpose, we may contact you through phone, email, or text for communication, updates on the GigRoster.com website, updates and suggestions as well as weekly updates regarding GigRoster.com. Messaging fees may apply for text messages, depending on your cell phone carrier and you agree to bear that cost, if there is one.

In the event that you choose to unsubscribe from our communications, mark any of our communications as spam, or fail to promptly respond to inquiries, it is important to acknowledge that we reserve the right to impose restrictions on your listing or remove it entirely. As this platform serves as an active conduit for booking entertainment, it is essential to uphold a high level of engagement and responsiveness.

Considering the dynamic nature of this interface and the paramount user experience we aim to provide, clients expect timely and informative responses to their questions and inquiries. Neglecting to meet this expectation by not responding promptly to any communication may lead to the immediate and permanent removal of your listing from our platform. This action will be executed at the sole discretion of GigRoster.

This decision is rooted in the understanding that your lack of timely response may indicate a diminished interest in collaborating with GigRoster for bookings or suggest a potential cessation of a viable act or entertainment service. It is crucial to maintain open lines of communication and prioritize swift responses to inquiries to ensure a seamless and successful engagement with our platform.

Please recognize the significance of this commitment to engagement and responsiveness in preserving the integrity of our platform and the quality of experiences we offer to both clients and entertainers alike.

In the event that you wish to reactivate your account in the future, this option is available at a one-time charge of $150. This fee encompasses the reauthorization of your email for account access. Once an account is removed, an automatic block is implemented, preventing reinstatement without administrative approval and authorization. Note that any prior information and promotional files must be reloaded, as they will be permanently deleted upon account deletion. We are committed to assisting you during this process to ensure a smooth experience.

Maintaining Professional Entertainment Standards: Listing Discretion and Non-Guarantee:

Listings on GigRoster.com or any other platform operated by GigRoster are subject to careful consideration for professional viability. While we strive to provide opportunities for all registrants, please understand that listing is solely at the discretion of GigRoster. We cannot guarantee listings, and there may be instances where we have to remove or delete a listing, either with or without a specific reason. Our commitment is to maintain the quality and integrity of the platform. Your talent is valued, and we are here to support you in every way we can within the standards of a professional entertainment industry environment.

Your Promotional, Media Materials and Files:

We want to highlight the value of the promotional materials you provide to us at Professional Entertainment's GigRoster. Your images, sound clips, videos, and other media are essential marketing materials for your act. These materials will be used to promote your talent and secure bookings. Our goal is to present your act in the best possible light, and for that purpose, GigRoster may add, edit, or modify the provided material as needed for effective marketing.

In addition, permission is granted by the account holder to add or modify information on the listing using material from the act's direct website, Facebook page, or any other source. We always make a reasonable effort to ensure that the included promotional material accurately represents your act, as per the site or page used to obtain the promotional content. We reserve the right to update, edit or change any written description to better present the act and to maintain the high standards of the GigRoster interface.

Your success is our priority, and we are dedicated to showcasing your talent to potential clients in the most appealing way possible. Together, we can create a compelling and engaging presence for your act, attracting more opportunities for you to shine on the stage.

As a valued member of the GigRoster community, you acknowledge and warrant that you possess the rightful authority to distribute and post any promotional material provided by you. It is your responsibility to ensure that you have obtained all the necessary rights and permissions for the distribution and promotion of such material through GigRoster. We appreciate your commitment to upholding the necessary rights and complying with all relevant regulations. By working together in this responsible manner, we can create a positive and rewarding experience for both you and potential clients.

GigRoster is a Talent Buying Agency:

At GigRoster, we function as a Talent Buying agency and event planning company. When we successfully book entertainment for clients who discover acts through GigRoster, we earn a commission. This commission is separate from the performer's agreed-upon net fee and is added on top of it. The commission varies based on factors like location, type of performance, and the specific booking agent involved. It is important to note that the commission is not a certain percentage and will not impact the performer's pre-arranged fee for any given performance. Rest assured, our aim is to ensure a fair and transparent process that benefits both our valued performers and satisfied clients.

At GigRoster we prioritize exclusive booking rights to maintain a fair and transparent platform. Only the act owner or the individual/company with exclusive booking rights may register and list acts or performers. We do not allow talent agencies to list acts unless they have been granted exclusive rights by the act or performer. Any talent agency found listing groups without an "exclusive right to book" agreement will be restricted from using the GigRoster platform to ensure a level playing field for all parties involved.

By listing an act on the GigRoster platform, the registered account holder explicitly agree that if they accept or perform an event, date or booking from any and all clients, customers, or purchasers who have initially found the act on the GigRoster platform or through GigRoster, or who are recommended to the client, customer, or purchaser by a GigRoster Talent Coordinator, without any exceptions, that the booking shall be made through and contracted only by GigRoster. This obligation includes situations where the client, customer, or purchaser contacts the registered account holder directly after GigRoster has initiated any communication, such as inquiry, date-check, email, text, phone call, voicemail, or any other query on behalf of the client, customer, or purchaser.

If a booking is made directly between the registered account holder and the client, customer, or purchaser, and the contract and pricing are not completed through GigRoster, the registered account holder shall promptly provide GigRoster with all the terms of the agreement upon request. Additionally, the registered account holder shall remit a "finders fee" equivalent to 35% of the total price paid for this performance and any subsequent performances booked by this client, customer, or purchaser, or any entity controlled or referred by this client, customer, or purchaser. This fee is payable to GigRoster as compensation for the booking facilitated through the GigRoster platform.

Any dispute or claim arising from or in connection with your use of any GigRoster Service shall be resolved exclusively through litigation in the state or Federal courts located in King County, Washington. By using GigRoster Services, you expressly consent to the exclusive jurisdiction and venue of these courts.

Courtesy Listings:

All act listings provided on the GigRoster platform are offered as a courtesy and without any charge or payment. Professional Entertainment’s GigRoster reserves the right to remove or delete any listing at any time and without providing a reason or recourse to the listed party.

Organizations:

Any organization or instructing party is defined as the party that acts on behalf and in the capacity of an occupation, company or business in using the GigRoster services.

When you sign up on behalf of an organization, you acknowledge that you are competent and authorized to that effect. You confirm that you are authorized to develop business activities in your country.

GigRoster shall only be liable for its own acts or omissions and not for acts or omissions of third parties. This exclusion expressly applies to acts or omissions for events or activities originating outside the services of GigRoster (such as internet disturbances or malfunctions in third party systems), except in case such events were caused by the intent or gross negligence of GigRoster

GigRoster has the right in case of malfunctions, maintenance or security incidents to full or partially suspend these commercially responsible efforts. GigRoster will, if possible, inform the organization of the suspension of these efforts. GigRoster will consider fraud prevention and detection or interests of third parties when making the decision to inform the organization.

The organization will not use the GigRoster services to the extent that it’s used for:

• Illegal activities
• Promoting illegal activities
• Activities that could infringe on the rights of third parties
• Activities that could harm the reputation of GigRoster or the services of GigRoster

GigRoster is not a party between agreements between the organization and the user, third parties or others. GigRoster is not liable to the organization for a legal act of the user or third parties. By agreeing to the terms and conditions, the organization exempts GigRoster for any claim from the user, third parties or others that relate to the agreement between organization and user.

Without prejudice to the foregoing regarding liability, and unless caused by direct effect due to gross blame or negligence, GigRoster is not liable for damages that are related to:

• The organization not upholding agreements or contracts
• Measures taken by domestic, foreign or international governments
• International conflicts
• Violent or armed actions
• Measures by competent authorities
• Actions resulting from a boycott
• Workers irregularities at third parties or within GigRoster
• Failures or damages in the electric networks, telecommunications or other such networks
• Shortcoming by third parties that GigRoster involves to uphold the agreements and/or terms and conditions

User Generated Contributions:

GigRoster may invite you to contribute to, make content, organize events, make friends and may encourage the use of other functionalities. GigRoster may provide you with the opportunity to create, submit, post, display or send other functionalities and materials to us or post these on the Service. These materials include, but are not limited to text, writing, video, audio and photographs and other materials (collectively, “Contributions”). These contributions can be viewable by other users of the Service. As such, Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby agree that: 

• The creation, distribution, transmission, public display and the accessing, downloading, or copying of your Contributions do not and will not infringe to the right of third parties 
• Your Contributions are not false, inaccurate or misleading
• Your Contributions are not obscene, lewd, lascivious, filthy, violent or harassing. They are furthermore not libelous, slanderous, or otherwise objectionable in our opinion. The Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
• The Contributions do not violate any applicable law, regulation or rule. They do not violate the privacy or publicity rights of any third party
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Any use of GigRoster in violation with the above-mentioned points, these Terms and Conditions or other agreements, may result in, among other things, termination or suspension of your rights to use the Service.

To the extent not prohibited by law, in no event shall the GigRoster Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:

• The Service
• The GigRoster Content
• User content
• Your use of, inability to use, or the performance of the Service
• Any action taken in connection with an investigation by the GigRoster Parties or law enforcement authorities regarding you or any other party’s use of the Service
• Any action taken in connection with copyright or other intellectual property owners
• Any errors or omissions in the operations of the Service or
• Any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable or even if the GigRoster Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the service)

In no event will the GigRoster Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will the GigRoster Parties total liability to you for all damages, losses or causes of action exceed the amount of $100.00 USD. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

You agree that in the event you incur any damages, losses or injuries that arise out of acts of GigRoster or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the GigRoster Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the GigRoster Parties

GigRoster is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

You agree that any claim you may have arising out of or related to your relationship with GigRoster must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Indemnification.

You agree to defend (at the request of GigRoster), indemnify and hold the GigRoster Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on GigRoster or those conducted on your behalf):

• Your Content or your access to or use of the Service;
• Your breach or alleged breach of these Terms;
• Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
• Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or any misrepresentation made by you

You will cooperate as fully required by GigRoster in the defense of any claim. GigRoster reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of GigRoster.

Please be aware that these policies are subject to change at any time, and the most current version of the policy shall always take precedence over any previous versions. By registering with GigRoster, you acknowledge and agree to comply with these terms and policies.

Partial Invalidity:

If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

Contact:

If you have any questions about these Terms and Conditions, please send an email to info@GigRoster.com or write to: GigRoster PO Box 78593, Seattle WA 98178