USER AGREEMENT
(TERM AND CONDITIONS)
The Gig Launch Website ("Gig Launch, website or site") is owned and operated by Gig Launch Pty Ltd (ACN: 138 547 645) (“Gig Launch”). Gig Launch has created this website to provide an online platform for artists, event promoters, agents and other music professionals. The Website is owned and operated by Gig Launch Pty Ltd.
Set out below are the User Agreement (“User Agreement”) on which Gig Launch allows you to access the Site. By accessing the Site you agree to abide by the User Agreement set out on this page and all applicable laws. You should be aware that the User Agreement may be amended, at the sole discretion of Gig Launch, from time to time. You must visit this page periodically to review the User Agreement.
If you do not agree to any of the terms of the User Agreement, you must exit the Site immediately. You may browse this Site for personal entertainment and information. However, please do not distribute, modify, transmit or revise the contents of this Site without the Gig Launch’s prior written permission. Any unauthorised copying, mirroring, storage, or other unauthorised use is absolutely prohibited and will be prosecuted. "You" refers to all individuals and or entities accessing this Site for any reason.
Gig launch has created (i) the User Agreement and (ii) a Privacy Policy. Our Privacy Policy explains how we treat the information you give to us and the User Agreement manages your use of our Site.
1. YOU AGREE
By using the Services or accessing our Website, you are acknowledging that you have read and understood this User Agreement and agree to be legally bound by it. You can visit our Site, but to take advantage of any of the opportunities you must become a “Member”.
In addition, if you become a Member, you will have to enter a password and be required to press the “I Accept” button, which means you accept and are legally bound by this User Agreement.
2.PROMOTER TERMS
Gig - meaning any opportunity that a promoter is allowing an artist to submit to such as and not limited to: festivals, song competitions, cd compilations, management, publishing and publicity, pub and club gigs, magazines and internet publications, radio, song competitions. Artist - meaning music artist or band.
Promoter - meaning a person, business or company advertising a gig opportunity on Gig Launch.
Once you have added a gig opportunity to Gig Launch you must answer all submissions that you receive from Gig Launch members. You have two ways of answering artists, you can click on the delete button where an automated response is sent to the artists stating they were not successful at this time or the enquiry/approve button where you can send the artist and enquiry or approve them for the opportunity.
We guarantee the artists that all submissions will be answered therefore it is a condition of Gig Launch that you must endeavour to answer all artist submissions within seven days of submissions closing on Gig Launch.
It is also a condition that what you state in the Gig as in terms of
• The number of slots available for Gig Launch artist
• The payment or prize to the Gig Launch artist
That the slots are available and the prize or payment is given as stated
As a Promoter you must not give or use artist submission contact for no other use except for the opportunity they have submitted for. You cannot pass this information on to any other person or contact them with advertising or promotional material unless authorized by the artist.
A Promoter can only contact Gig Launch artists to approve or enquire about your Gig Launch opportunity, you cannot advise Gig Launch artists about their membership on Gig Launch.
If a Promoter breaches any of the conditions above your account will be deleted or frozen and you forfeit any submission fees.
A Promoter must be offering a prize, payment or other monetary value in each gig opportunity, they must not simply advertise to Artists.
A Promoter must state any fees associated with the gig opportunity payable by the artists. It is a condition of Gig Launch use that a Promoter must answer all Artist Submissions within 30 days of gig opportunity ending, if this does not happen it will be viewed as a breach of conditions.
If Gig Launch has to refund monies to artist because a Promoter has breached the terms and conditions, the Promoter will be charged an administration fee of $2.50 per artist.
3. GIG LAUNCH SERVICES
| a. |
Gig Launch is an electronic platform for Artists and Bands to connect with Promoters. |
| b. |
Artists or Bands can upload their Electronic Profile Kit (“EPK”) containing all their information including Bios, Songs, Film Clips etc. Artists or Bands can submit their EPK to Promoters opportunities or gigs. |
| c. |
Promoters can advertise their gigs, competitions, placements etc on the Gig Launch website allowing submissions from members for a fee. The fee can change from one opportunity to the next. |
| d. |
Members can talk to each other on line, through the Gig Launch chat room. Gig Launch takes no responsibility of any action arising from these conversations as set out in the terms and conditions in this agreement. |
| e. |
Members may create a website within the Gig Launch Website subject to the Terms and Conditions of this Agreement. |
| f. |
Gig Launch has a Classifieds Section where users can advertise musical instruments for sale and advertise band positions placements. Gig Launch does not accept any liability for or provide any warranty for the sale or purchase of any musical instrument or the hiring of musician/s. |
| g. |
Down loading Gig Launch phone wallpaper is available on gig launch. |
| h. |
Although a guitar tuner and metronome are available to tune your instruments and to keep time, Gig Launch does not accept any liability or provide warranty for the accuracy of these programmes.
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| 4. CONTENT |
| a. |
Gig Launch may reject, refuse to post or delete any content for any or no reason, including, but not limited to, content that in the sole judgment and discretion of Gig Launch, violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. |
| b. |
Gig Launch assumes no responsibility for monitoring the Gig Launch Services for inappropriate content or conduct. If at any time Gig Launch chooses, in its sole discretion, to monitor the Gig Launch Services, Gig Launch nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. |
| c. |
You as a Member are solely responsible for the content that you post on, through or in connection with any of the Gig Launch Services and any material or information that you transmit to other Members and for your interactions with other Users.
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| 5. CONTENT/ACTIVITY PROHIBITED |
a. The following are examples of the kind of content that is illegal or prohibited to post on, through or in connection with the Gig Launch Services. Gig Launch reserves the right to investigate and take appropriate legal action against anyone who, in Gig Launch’s sole discretion, violates this provision, including, without limitation, removing the offending content from the Gig Launch Services, terminating the Membership of such violators and/or reporting such content or activities to law enforcement authorities. Prohibited content includes, but is not limited to content that, in the sole discretion of Gig Launch:
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i. |
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; |
ii. |
harasses or advocates harassment of another person; |
iii. |
exploits people in a sexual or violent manner; |
iv. |
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; |
v. |
solicits or is designed to solicit personal information from anyone under 18; |
vi |
publicly posts information that poses or creates a privacy or security risk to any person; |
vii |
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; |
viii. |
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; |
ix. |
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "skimming," or "spamming"; |
x. |
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); |
xi. |
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; |
xii. |
solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; |
xiii. |
involves commercial activities and/or sales without prior written consent from Gig Launch such as contests, sweepstakes, barter, advertising, or pyramid schemes; |
xiv. |
includes a photograph or video of another person that you have posted without that person's consent; |
xv. |
for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or |
xvi. |
violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
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b. The following are examples of the kind of activity that is illegal or prohibited on the Gig Launch Website and through your use of the Gig Launch Services. Gig Launch reserves the right to investigate and take appropriate legal action against anyone who, in Gig Launch's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to: |
i. |
criminal or tortuous activity at both state or federal level, including, but not limited to, child pornography,fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; |
ii. |
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Gig Launch Services. You may not transmit any chain letters or junk email to other Members. |
iii. |
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Gig Launch Services; |
iv. |
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; |
v. |
modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Gig Launch Services other than your Content which you legally post on, through or in connection with the Gig Launch Services; |
vi. |
providing or using “tracking” or monitoring functionality in connection with the Gig Launch Services, including, without limitation, to identify other Users’ views, actions or other activities on the Gig Launch Services; |
vii. |
covering or obscuring the banner advertisements on your personal profile page, or any Gig Launch page via HTML/CSS or any other means; |
viii. |
any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins; |
ix. |
interfering with, disrupting, or creating an undue burden on the Gig Launch Services or the networks or services connected to the Gig Launch Services; |
x. |
impersonating or attempting to impersonate Gig Launch or a Gig Launch employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing); |
xi. |
using or distributing any information obtained from the Gig Launch Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; |
xii. |
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Gig Launch Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Gig Launch. |
xiii. |
relaying email from a third party's mail servers without the permission of that third party; |
xiv. |
using invalid or forged headers to disguise the origin of any Content transmitted to or through Gig Launch’s computer systems, or otherwise misrepresenting yourself. |
xv. |
using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Gig Launch Website for the purposes of sending unsolicited or unauthorized material; |
xvi. |
engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or |
xvii. |
using the Gig Launch Services in a manner inconsistent with any and all Applicable Law.
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| 6. REPORTS AND COMPLAINTS |
| a. |
If you believe that a Member or other user has acted inappropriately, such as by violating our User Agreement, you may report your concerns either via the links we have included on the Site, or by contacting us in accordance with Section 44 (“Contact Us”). |
| b. |
If we are notified by a Member or Site Visitor that he or she believes Content at the Site does not comply with our User Agreement, we may investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, change from public to private, or otherwise block or restrict any Content at any time, with or without notice, and without liability.
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| 7. PASSWORD |
| a. |
When you sign up to become a Member of Gig Launch, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Gig launch immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner. |
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| 8. ELIGIBILITY |
| a. |
You are eligible to register as a Member at our Site if (a) you are thirteen (13) years old or older, subject to a parent or guardian’s written consent (you may download the consent letter from the Gig Launch site). |
| b. |
(b) you hold requisite legal rights in the Content that you make available over the Website, and (c) you agree to abide by this User Agreement and the Privacy Policy. Children Aged Under 13 Years. |
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i. Gig Launch does not knowingly collect or solicit personal information from anyone under the age of thirteen (13) years or knowingly allow such persons to register. |
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ii. If you are under the age of thirteen (13) years, please do not attempt to register for Gig Launch or send any information about yourself to us, including your name, address, telephone number or email address. No one under the age of thirteen (13) may provide any personal information to or on Gig Launch. |
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iii. In the event that we learn that we have inadvertently collected personal information from a child under the age of thirteen (13) years, without verification of parental or guardian written consent, we will delete all the information relating to that child aged less than thirteen (13) years from our website as quickly and as reasonably practicable. |
| c. |
Members under the Age of Majority |
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i. We recognize that some of our Registered Members will be eligible members between the ages of thirteen (13) years and the age of majority, namely eighteen (18) years of age ("Teen Artist Members"). Some Teen Artist Members may have a parent or Guardian acting on his or her behalf ("Parental Representative"). |
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ii. If you are agreeing to this Privacy Policy and our User Agreement as a Parental Representative on behalf of a Teen Artist Member, then (a) you represent and warrant that you have authority to act on behalf of, and to bind this Teen Artist Member and (b) for all purposes in this Privacy Policy and the User Agreement, the term "you" means the Teen Artist Member on whose behalf you are acting. You" means your musical group on whose behalf you are acting. Other Teen Artist Members may be acting each on his or her own behalf. |
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iii. If you are agreeing to this Privacy Policy and our User Agreement of Use as a Teen Artist Member, then we assume that you have the written parental or guardian consent to participate in our Services and otherwise use our Site. |
| d. |
Member Acting in a Representative Capacity |
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i. If you are agreeing to this User Agreement and our Privacy Policy on behalf of a musical group, then (i) you represent and warrant that you have authority to act on behalf of, and to bind this musical group and (ii) for all purposes in this User Agreement and Privacy Policy, "you" means your musical group on whose behalf you are acting. |
| e. |
Multiple User Accounts |
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i. We recognize that some of our Members may be an artist(s) working with an agent, managers or other third party representative, who has been given the authority to act on behalf of the artist(s). |
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ii. Agents who register an artist on our Site are warranting that they have the authority to do so. An agent who represents more than one Member may have a "Multiple User Account" through which he or she can access the various Member accounts that such Agent has been granted authority to access.
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9. MEMBERS EPK’s
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a. |
Members are welcome to upload content to their EPK’s and to submit to Gig Opportunities. The following specific provisions govern the creation and use of an EPK. |
b. |
Privacy and Your Electronic Profile Kit (EPK) |
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i. Please choose carefully the information you post on your EPK, and that you provide to other Site Visitors and Members. When you make your EPK freely available to Site Visitors and Members, you should use discretion in including any information that personally identifies you, such as your telephone number, street address, last name, email address, and any geographically recognizable photographs. |
c. |
Rights to EPK’ |
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i. Gig Launch grants to Members, under Gig Launch’s intellectual property rights, a non-exclusive, worldwide, royalty-free, non-transferable license to use, embed their Gig Launch EPK’s or provide a link to their Gig Launch EPK’s and their personal websites. |
d. |
Use of EPK’s in Promotions |
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i. To promote and illustrate our Services and the Site, therefore, we may choose to post on our Home Page, and in other areas of the Site, EPK’s and other Content of our Members. We will assume that Members are interested in (or do not object to) publicising their EPK’s and related Content, and you acknowledge, authorise and confirm that Gig Launch shall be entitled, at our sole discretion, to use these Members' profiles and Content in connection with our advertisements and promotions for the Site.
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10.
AVAILABLE SOFTWARE |
a. |
Any software that is made available to use from the Services ("Software") is the copyrighted work of Gig Launch and/or our suppliers. |
b. |
Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies the Software ("License Agreement"). |
c. |
An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. |
d. |
Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.
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11.
YOUR GRANT OF RIGHTS TO GIG LAUNCH |
a. |
a. By posting Content on the Gig Launch website, you hereby authorise and grant to Gig Launch a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use, copy, reformat, index, modify, display, and distribute your Content for purposes of providing our Services (as such services may change over time) and promoting our Website. No compensation will be paid with respect to our use of your Content under this grant. |
b. |
You also hereby authorise and grant to Gig Launch a non-exclusive, worldwide, royalty-free license to use your name and logo in connection with (a) advertising and promoting your Content, and your artistic work generally via the Site, and (b) advertising and promoting our Website and Services. No compensation will be paid by Gig Launch under this grant. |
c. |
Gig Launch warrants that it will not further distribute or use your Content or your name and logo for any purposes other than those specified in this section without your written consent.
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12.
YOUR GRANT OF RIGHTS TO OTHER MEMBERS FOR NON-COMMERCIAL PURPOSES |
a. |
By posting Content on the Gig Launch website, you are also granting to all Members ("Member Licensees") a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use your Content, provided that a Member Licensee meets and maintains each of the following conditions: (i) the Content in your EPK shall not be used for commercial purposes, (ii) no Content from your EPK shall be used outside of the Gig Launch Website, for example, at a URL that does not include "Gig Launch" as the top-level domain, and (iii) under no circumstances shall a Member exercise these rights with respect to your Content by modifying or changing the Content in your EPK without your express written permission. No compensation will be paid with respect to Members' use of your Content under this grant.
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| 13. TERMINATION OF RIGHTS |
a. |
Gig Launch does not claim any ownership of the Content you post in your EPK or otherwise provide through the Site. |
b. |
The licenses granted to us and to our Members in this Section will terminate prospectively at the time you completely remove the Content at issue from our Site. |
c. |
This termination will not affect licenses to the Content granted by you before the time you completely remove the Content, and our Members (as well as Gig Launch) will continue to enjoy their rights under Sections 10 (Your Grant of Rights to Gig Launch) and Section 11 (Your Grant of Rights to Members). For example, a Member may include a photograph or video clip from your EPK in their EPK to illustrate their mention of a concert that they performed with you. If you remove that Content from your EPK, the existing Member may continue to use that photograph or video clip. However, other Members who are not already using that Content are prohibited from any future use of that Content.
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| 14. GIG LAUNCH OWNERSHIP (RESERVATION OF RIGHTS) |
a. |
All content available on or through the Gig Launch Website other than Member-provided Content or Advertiser Content, including all information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property found on the Website, or embodied in the Services or the Content, is the proprietary property of Gig Launch and its licensors. |
b. |
The Gig Launch Content is protected by Australian and international copyright and other intellectual property laws, and Gig Launch retains all rights with respect to the Gig Launch content, the Website, and the Services, except those expressly granted to you in this User Agreement. |
c. |
You undertake, warrant and agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material on the Website except as expressly allowed in Section 8(c) (Rights to EPK’s), unless specifically authorized in writing by Gig Launch.
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| 15. DISCLAIMERS |
a. |
Gig Launch is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Gig Launch Services or Linked Services, by Users of the Gig Launch Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Gig Launch. |
b. |
In addition, Gig Launch is not responsible for any damage, injury or loss caused by Users of the Gig Launch Services or by any of the equipment or programming associated with or utilized in the Gig Launch Services or Linked Services. Profiles and Linked Services created and posted by Members on, through or in connection with the Gig Launch Services may contain links to other websites or services. |
c. |
Gig Launch is not responsible for the Content, accuracy or opinions expressed on such other websites and services, and such other websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Gig Launch. Inclusion of any linked website or service on the Gig Launch Services does not imply approval or endorsement of the linked website or service by Gig Launch. When you access these third party sites and services, you do so at your own risk. Gig Launch takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Gig Launch Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. |
d. |
Gig Launch is not responsible for the conduct, whether online or offline, of any User of the Gig Launch Services or Linked Services. Gig Launch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. |
e. |
Gig Launch is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Gig Launch Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Gig Launch Services or Linked Services. |
f. |
Under no circumstances shall Gig Launch be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Gig Launch Services or Linked Services, attendance at a Gig Launch event, from any User Content posted on or through the Gig Launch Services or Linked Services, or from the conduct of any Users of the Gig Launch Services, whether online or offline. The Gig Launch Services and Linked Services are provided "AS-IS" and as available and Gig Launch expressly disclaims any warranty of fitness for a particular purpose or non-infringement. |
g. |
Gig Launch cannot guarantee and does not promise any specific results from use of the Gig Launch Services or Linked Services.
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| 16. DISPUTES |
a. |
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Western Australia, without regard to its conflict of law provisions. You and Gig Launch agree to submit to the exclusive jurisdiction of the courts located within the State of Western Australia to resolve any dispute arising out of this Agreement or the Gig Launch Services.
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| 17. MEMBER DISPUTES |
a. |
You are solely responsible for your interactions with other Gig Launch Users, third party developers or any other parties with whom you interact through the Gig Launch Services and/or Linked Services. Gig Launch reserves the right, but has no obligation, to become involved in any way with these disputes.
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| 18. PRIVACY |
a. |
Use of the Gig Launch Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
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| 19. ADVERTISERS |
| a. |
Gig Launch has allowed certain companies and advertisers to place ads and information on our Site, and to maintain profiles on our Site. |
| b. |
Although Gig Launch has selected the Advertisers, we are not responsible for your choice to contact or do business with them. Your correspondence and dealings with Advertisers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Advertiser, and you agree that Gig Launch shall not be responsible or liable for any loss or damage incurred as the result of your dealings with Advertisers or as the result of the presence of such Advertisers on the Site. |
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| 20. ADVERTISEMENTS AND SPECIAL OFFERS |
| a. |
From time to time, Gig Launch may offer and may allow others to offer products and services to you. If you wish to discontinue receiving such offers, please contact Gig Launch Pty Ltd Section 44 (Contact us). |
| b. |
Gig Launch has no control, duty or obligation regarding any discounts or special offers that any third party offers on the site. Members who chose to engage in such offers and advertisements do so at their own risk and Gig Launch shall not be responsible or liable for any loss or damage incurred as the result of your dealings with Advertisers.
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| 21. LINKING |
| a. |
Limitations on Linking and Framing. You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by us or by our Site. |
| b. |
However, you may not, without Gig Launch’s prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.
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| 22. PAYMENT TERMS |
| a. |
Gig Launch wants to make all and any payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards. |
| b. |
When you make a payment, you authorize Gig Launch (and our designated payment processor) to charge the full amount of the payment or debt owed to the payment source, you designate for the transaction. |
| c. |
When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize Gig Launch to collect and store information about the payment source, along with other related transaction information. |
| d. |
If you pay by credit or debit card, Gig Launch may obtain a pre-approval from the issuer of the card for an amount up to the amount of the fee or submission cost. We will bill your credit or debit card at the time or shortly thereafter when fees and submissions payments are due. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. |
| e. |
If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee and Gig Launch accepts no liability for that debt. |
| f. |
If you are under the age of eighteen (18) years, you may make payments only with the involvement of a parent or guardian. Further, if you are under the age of eighteen (18) years, you should review these Payments Terms with a parent or guardian to make sure that you and your parent or guardian understand them.
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| 23. ACTIONS WE MAY TAKE TO REDUCE LIABILITY FOR USERS AND US |
| a. |
Gig Launch may make any and all inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. |
| b. |
Gig Launch may cancel any transaction if we believe the transaction violates these Payments Terms, or we believe doing so may prevent financial loss to anyone or a violation of any law. |
| c. |
Gig Launch may place a delay on a payment for a period of time, limit payment sources for a transaction, and limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss to anyone or a violation of any law. |
| d. |
Gig Launch may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of any law. |
| e. |
Gig Launch may cancel any credits transferred, assigned, or sold in violation of these Payments Terms.
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| 24. DISPUTES AND REVERSALS |
| a. |
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify Gig Launch immediately, so that we may take action to help prevent any future financial loss. |
| b. |
To the fullest extent permitted by law, you waive all claims against Gig Launch relating to incorrect payments, unless you submit a written claim to us within thirty (30) calendar days, after the charge has been received by you. |
| c. |
You are responsible for and agree to reimburse Gig Launch for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. |
| d. |
If you enter into a transaction with a third party and have a dispute over the goods or services that you purchased, you confirm that Gig Launch has no liability for such goods or services. Gig Launch reserves the right to intervene in disputes between users concerning payments but has no obligation to do so. |
| e. |
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
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| 25. SPECIAL PROVISIONS APPLICABLE TO ADVERTISERS |
| a. |
When you purchase advertising on or through Gig Launch, you agree to pay all and any amounts specified in the order, along with any applicable service taxes and duties. |
| b. |
You can cancel an advertising order at any time through Gig Launch’s online portal, subject to the terms and conditions of the advertising agreement, but your adverts may run for several days after you notify us of the termination and you will still be responsible and liable for paying for the whole time those adverts are run on the Gig Launch website. |
| c. |
Your advert order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an advertising order, or at any time thereafter. |
| d. |
It is your responsibility to remit any taxes that apply to your transactions. You agree, warrant, indemnify and hold Gig Launch harmless from and against any claim arising out of your failure to do so. |
| e. |
If you purchase advertising and your payment method fails or your account is past due, Gig Launch may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the 10 percent per month or the lawful maximum.
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| 26. NON PAYMENT |
| a. |
If your Web monthly membership fee is not paid, within five (5) calendar days of falling due, you will not be able to submit your EPK for any of Gig Launch’s opportunities. Your membership fees are still payable monthly even if previous months have not been paid. |
| b. |
If you submit to an opportunity and you do not have enough money in your account to pay the submission fee, you will not be able to submit to the event.
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| 27. CANCELLATION OF PAYMENT |
| a. |
To cancel your membership with Gig Launch, you are required to provide Gig Launch a minimum of thirty (30) calendar days written notice. 30 days cancellation notice will be effective when it is received during office hours. Office hours are 9am - 5pm WST Monday to Friday. Any cancellation notices received outside these hours will be deemed as received on the next day of operation. A notice of cancellation must be sent to Gig Launch in accordance with Section 44 (Contact Us) or by emailing support@giglaunch.com.au with our Cancellation Request Form completed and attached. PLEASE NOTE - that your account cannot be cancelled unless your membership fees are up to date. Membership fees will accrue monthly until account is paid. |
| b. |
In the event of cancellation no refunds shall be offered. All memberships fees within the 30 calendar days shall be charged as normal. Artists still within their first free month may cancel their account immediately or two days prior to their first monthly charge.
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| 28. NOTICES AND AMENDMENTS TO THESE PAYMENTS TERMS |
| a. |
Gig Launch may provide notices to you by posting them on our website, or by sending them to your nominated email address or street address, that you previously provided to us. Website and email notices shall be considered received by you within twenty four (24) hours of the time posted or sent; notices by mail within Australia shall be considered received by you within three (3) business days from the time it was sent from Gig Launch, notices by mail outside of this jurisdiction shall be considered received by you within (10) business days from the time it was sent from Gig Launch. |
| b. |
Except as otherwise stated, you must send all notices to Gig Launch relating to any payments and under these Payment Terms by postal mail to:
Gig Launch
Po Box 4180
Mandurah North WA 6210
AUSTRALIA
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| c. |
The Payment Terms in place at the time you confirm any payment transaction with Gig Launch, will govern that transaction.
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| 29. OTHER |
| a. |
If you are under the age of eighteen (18) years, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them. |
| b. |
Some countries outside the jurisdiction of Australia may restrict or prohibit your ability to make payments through Gig Launch. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws or conditions.
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| 30. ASSIGNMENT |
| a. |
The Terms and Conditions of this Agreement shall not be assignable at any time by you, either in whole or in part to a third party. Gig Launch reserves the right and at its sole discretion, to assign its rights and obligations under these Terms and Conditions to a third party.
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| 31. DURATION OF RIGHTS |
| a. |
You will continue to enjoy all of your rights, subject to the provisions above, and shall owe your obligations to Gig Launch pursuant to these Terms and Conditions until; (a) you cease your use of the Services; or (b) your password is revoked or suspended for misconduct; or (c) Gig Launch amends, suspends or cancels your right to access Gig Launch for whatever reason, pursuant the provisions above.
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| 32. PROTECTING COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY |
| a. |
Gig Launch respects the intellectual property rights of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or any other proprietary rights of any person or entity.
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| b. |
It is Gig Launch’s policy to terminate, in appropriate circumstances, the membership of those found to be in Gig Launch’s opinion conducting a serious breach of any person’s or entities, including Gig Launch’s, intellectual property rights under the Copyrights Act and all other intellectual property laws and regulations, as the case maybe.
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| 33. NO COMMERCIAL USE OF GIG LAUNCH PTY LTD |
| a. |
Subject to Section 31 above, you may not reproduce, copy, charge any fee for the use of or redistribute for commercial purposes any of the materials or design elements on the Site directly relating to Gig Launch.
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| b. |
Any commercial use of the material relating to Gig Launch is strictly prohibited unless with the express written consent of Gig Launch.
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| 34. LICENSED LOGO USE |
| a. |
a. All of Gig Launch’s names, logos and marks appearing in this Site, except as otherwise noted, are trademarks owned or used under license by Gig Launch or its affiliates, in all the geographies and jurisdictions where Gig Launch markets products bearing such trademarks.
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| b. |
b. The use or misuse of these trademarks, intellectual property or any other content on this Site, except as strictly provided in this User Agreement or contained in the Site content is otherwise strictly prohibited.
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| 35. COPYRIGHT AND OTHER INFRINGEMENTS OF CUSTOMERS RIGHTS |
| a. |
The customer or advertiser on Gig Launch is solely responsible and liable for all costs, including legal and any other actions for the enforcement of any copyright or trademark infringements conducted on their sites and contents. |
| b. |
The customer acknowledges the Copyrights Act and all other intellectual property laws and regulations, as the case maybe and agrees that it shall defend, save and hold the owner and management of Gig Launch harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer's fees asserted against the owner and management of Gig Launch. |
| c. |
In each document copied, mirrored, downloaded, and printed from this Site it must contain the following copyright notice and permission notice: "Copyright © 2009 Gig Launch Pty Ltd. All rights reserved. Protected by the copyright laws of the Commonwealth of Australia and International treaties." |
| d. |
In reference to the above clauses, in all circumstances the copyright, trademark and any other proprietary notices must not be removed.
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| 36. WARRANTIES AND LIMITATION OF LIABILITY |
| a. |
Gig Launch makes no warranties or representations to the extent permitted by Australian law about the accuracy or completeness of this Site content or of the content of any website or websites "hot-linked" to this Site. |
| b. |
Neither Gig Launch nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of any content of this Site or the content of any website or websites "hot-linked" to this Site. |
| c. |
Gig Launch does not warrant that this Site will operate error-free or that this Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data, Gig Launch is not responsible for those costs. |
| d. |
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by Gig Launch. |
| e. |
Gig Launch Members may decide to engage in offline activities together, perhaps due to the relationships they have developed online. You agree to release and hold Gig Launch harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, or property damage, either directly or indirectly related to or arising from you participation in any such offline activities. |
| f. |
Gig Launch also recommends that you please consider maintaining back-up copies of all the Content or Professional Content you post in your EPK (Electronic Profile Kit) or in your website on the Gig Launch Site, in case an error does occur on the Site.
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| 37. LINKS TO OTHER SITES |
| a. |
The Gig Launch Site contains links to third party websites. The linked websites are not under the control of Gig Launch, and we are not responsible or liability in any way for the contents of any linked website or any link contained in a linked website. Gig Launch is providing links only as a convenience, and the inclusion of a link does not imply endorsement or sponsorship of the linked website by Gig Launch.
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| 38. INTERACTIVE FACILITIES |
| a. |
If you participate in any interactive facility on Gig Launch, you represent and warrant that any information provided by you is not owned by or confidential to, any third party; |
| b. |
You represent and warrant that your provision of such information will not expose Gig Launch to any liability, whether civil or criminal; |
| c. |
You grant to Gig Launch a perpetual licence to use and disclose any such information provided by you to any person or entity for any purpose; |
| d. |
You waive any rights you have in relation to any information submitted through an interactive facility in favour of Gig Launch and release and indemnify Gig Launch from any claim in any way related to the information provided by you. |
| e. |
All rights not expressly granted herein are reserved by Gig Launch.
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| 39. SERVER |
| a. |
Whilst every reasonable effort is made by Gig Launch to ensure that Hosting provided by Gig Launch is of the best possible quality and reliability, you agree that the owner and management of Gig Launch shall not be held responsible or liable for any loss of business or any other direct or indirectly loss suffered by you, due to server down time or data loss in the provision of Gig Launch’s services.
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| 40. DISCLAIMER |
| a. |
The owner and management of Gig Launch will not be held responsible for any damages or loss of data that your business may suffer. The owner and management of Gig Launch make no warranties of any kind, expressed or implied for services we provide to you. We disclaim any warranty or merchantability or fitness for a particular purpose. |
| b. |
The management of Gig Launch Pty Ltd reserves the right to revise any or all of its policies at any time. |
| c. |
The Gig Launch Site and its associated services set out in this Agreement are offered by Gig Launch Pty Ltd (ACN: 138 547 645) a company duly incorporated under the laws of Australia and having an address for service and delivery located at Mandurah North, in the State of Western Australia, 6210.
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| a. |
This Agreement is accepted upon your use of the Gig Launch Website or any of the Gig Launch Services and is further affirmed by you becoming a Member. |
| b. |
Your agreement with Gig Launch will always include this Agreement at a minimum. |
| c. |
Your access and use of certain Gig Launch Services may require you to accept additional User Agreement terms and conditions or a separate User Agreement which would be applicable to such certain Gig Launch Services, in addition to this Agreement, and may require you to download Software or Content. |
| d. |
The failure of Gig Launch to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. |
| e. |
Gig Launch is a trademark of Gig Launch Pty Ltd. This Agreement operates to the fullest extent permissible by law.
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| 41. CONTACT US |
If you have any questions about this Agreement or our Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at:
Gig Launch
Po Box 4180
Mandurah North WA 6210
AUSTRALIA
Effective Date: The effective date of this User Agreement is 1 January 2010. |
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