These Terms govern Your use of MyGigStar (www.mygigstar.com), also available on Play store and App Store (the “Platform”), and all related players, widgets, tools, applications, data, software, application program interface (APIs) and other services provided by the Company (the “Services”).
- ACCEPTANCE OF THE TERMS
- USING THE PLATFORM
We grant You permission to use the Platform subject to the conditions and restrictions in this Agreement. We may change, restrict, or terminate Your permission to use the Platform for any conduct that we consider to be inappropriate, or for Your breach of these Terms, including the restrictions listed hereunder. Your use of the Platform is at Your own risk, including the risk that You might be exposed to content, information, data, items, materials, software, text, displays, images, video, and audio that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Further, the Company does not, at any time, hold any right, title or interest over the products or the services offered by the Venues (as defined hereinbelow); nor shall the Company have any obligations or liabilities in respect of such products and/or services which may be offered and/or provided to You through or via the Platform. The Company is not responsible or liable, in any manner whatsoever, for any unsatisfactory or delayed performance of any such services and/or the products, or for any damages or delays whatsoever, caused thereby, including, but not limited to any damages or delays caused by the Venues. YOU HEREBY EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE COMPANY IS SIMPLY A PLATFORM FACILITATING AND PROVIDING THE SERVICES FOR YOUR EASE AND CONVENIENCE AND DOES NOT PROVIDE FUNCTION AS A VENUE AND/OR DISTRIBUTOR OF CONTENT AND THAT ALL SUCH SERVICES OR PRODUCTS ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS, I.E., THE VENUES WHO ARE NOT EMPLOYED BY, OR THE AGENTS OF, THE COMPANY OR ANY OF ITS AFFILIATES, AND IN RESPECT OF WHOM THE COMPANY SPECIFICALLY AND ABSOLUTELY DENIES AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, INCLUDING BUT NOT LIMITED TO ANY VICARIOUS LIABILITY OR LIABILITY AS A PRINCIPAL.
The Platform may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason without notice to You.
The Platform constitutes an interactive forum that enables You to create a detailed profile on the Platform displaying Your talents, and thereby aid Venues and/or the other Users to approach and negotiate with You for any events and/or Performances and, other artists to connect with You for any Performances or collaborations and, vice versa. Furthermore, the Platform can also assist You and also provide Services including, but not limited to (i) in increasing Your visibility by promoting You on the Platform, (ii) creating and developing audio-visuals of Your performances/works, portfolios; at Your sole expense (iii) by rendering digital promotion services, if required, (iv) assistance in contractual negotiations with Venues and/or other artists, and (v) distribution of Your works and/or content on third party platforms, including streaming platforms. You agree and confirm that You have to specifically opt for and choose any of the aforesaid Services and/or any additional Service that the Platform may provide from time to time, in order to be able to receive those Services from the Platform.
In addition to the Services mentioned hereinabove, the Platform further enables You to showcase Your work in the form of a social media post and, further share such post on any other social media platform. Consequently, this shall enable other Users to follow You, like, comment and, share Your post; which in turn shall garner more visibility to Your profile. You shall be entitled to delete any comment by any User and/or third party and furthermore, shall be entitled to report such User/third party’s account. We reserve the right to terminate/suspend such Account solely in Our discretion, however You shall be entitled to block such User/third party temporarily or permanently. Furthermore, as part of Our promotional services, We may, from time to time, offer discounts and/or offers on Your services; subject to Your approval, on terms and conditions as shall be intimated to You by the Company. You understand and acknowledge that, save and except for an emergency, unforseen event beyond Your control (“Force Majeure Event”), You shall not be entitled to cancel any engagement procured as a result of using Our Services and/or the Platform. In the event of cancellation due to a Force Majeure Event, You shall be required to notify the Venue and/or the other artist and/or the User that has engaged You of such cancellation, with reason, in writing, through the Platform. You understand and confirm that such cancellation may affect Your rating on the Platform and You shall not hold the Platform and/or the Company liable for the same, in any manner whatsoever .
If You cancel and/or fail to render Your services at the any such engagement, in accordance with the Venue’s instructions, for any reason attributable to You, the consequences as set out in the invoice terms shared by the Company at the time of finalizing the performance with the Venue shall follow.
If the Venue cancels the event, for any reason attributable to the Venue, then the consequences as set out in the invoice terms shared by the Company at the time of finalizing the performance with the Venue shall follow.
You represent, warrant, understand, and agree, that MyGigStar is not, shall not, in any way, be construed to be a party to any contract or agreement between any Users of Our Platform regarding the provision of any User’s services at any event or for any engagement, save and except as specified hereunder. While We endeavor to provide maximum exposure to Our Users by optimizing Our Services basis a User’s requirements from a listing on the Platform, We do not guarantee in any way that the use of Our Services will result in adequate compensation, profits, business opportunities or goodwill. We do not guarantee that Users who supply services as a result of introductions made through MyGigStar will be paid for their services. We do not represent or guarantee that Our Services will further Your career, help You financially or otherwise produce income. You hereby expressly agree that dissatisfaction with the Services shall not entitle You to receive a refund of any monies payable/paid to Us by You and Your sole remedy, should such an event arise, shall be termination of Your Account. Furthermore, MyGigStar does not take responsibility for the content of any User’s profile, or services offered on any profile by any User. MyGigStar does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any member or User profiles. Concerns regarding any such service, resource, or link posted or offered by a User should be directed to such particular User. You understand and agree that MyGigStar does not endorse, sanction, or verify Users of the Platform.
By using Our Services, You agree that We can show You advertisements, events, promotions, including advertisements that businesses, organizations, artists, Users pay Us to promote; that in Our opinion, shall be relevant to You and Your interests. You hereby agree that, in pursuance of the same, the Company shall be entitled to use Your personal data, including Your Account Information, to help determine the advertisements/promotions that may be applicable to You. You are entitled to delete any information made available by You, including any Content, at any time whatsoever, in Your sole discretion.
- APPLICABILITY OF THESE TERMS
“Content” shall mean each and all of the Sound Recordings and/or the Song Audio-Visual including the underlying works in such Sound Recordings and Song Audio-Visual, being the Musical Works and Literary Works contained therein, and/or part thereof; links to a Third Party Content (as defined below) website showcasing Your work and/or content used and/or exploited by You during Your Performances and, all other content that is uploaded by You on the Platform.
- “Literary Works” shall mean all such works consisting literary works/lyrics which are embodied in the Sound Recordings and Song Audio-Visual.
- “Materials” shall mean all logos, trade-marks, photographs, pictures, stylised lettering and designs relating to the Content including album artwork, artists’ names, likeness, biographical material, production artwork, video stills, thumbnail images, names, likenesses, biographical material of other talent featured in the Content, names of artists, content owners, or any of the works embodied therein, as are required for incorporating them on the labels, covers, sleeves, inlay cards, jackets and catalogues of and for advertising the Content uploaded by You to Our Platform.
- “User” shall mean and refer to the users of the Platform including the fans and, any end users of the Content and/or any part thereof hereunder including, but not limited to, a streaming platform.
- “Venue” shall mean and refer to any individual/entity/third party that is desirous of engaging Your services in respect of live performance at a proposed on-ground venue;
- “Performance” shall mean Your live performance at each Venue booked on and/or through the Platform;
- “Musical Works” shall mean the original musical works written, composed, orchestrated, conducted, engineered, produced and recorded and/or arranged which are embodied in the Sound Recordings and Song Audio-Visual or which original musical works are stand-alone compositions of music without any Literary Works.
- “Song Audio-Visual” shall mean a recording of sounds accompanied by visual images comprising a song, whether including lyrics or not, from which recording such sounds or visual images may be produced or reproduced, regardless of the medium on which such recording is made or the method by which the sounds or visual images are produced or re-reproduced and shall include any disc, tape, perforated roll and any other media now containing sounds and/or part of visual images.
- “Sound Recordings” shall mean the sound recording as a single, composite and copyrighted work of the Musical Works and Literary Works and any other musical works in relation to Content and shall mean the composite of the same from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.
- “Territory” shall mean the entire world.
- “Term” shall mean the period for which You utilize the Platform and/or the Services.
- ELIGIBILITY & USER ACCOUNTS
In order to access the Services and the Platform, You will be required to register on the Platform. When You register on the Platform, You are required to create an account (“Account”) by entering Your name, email address, password, phone numbers, Aadhar card number, bank details, Permanent Account Number (PAN) and certain other information required by Us (collectively “Account Information”). Additionally, for optimum use of Our Services and for the purposes of generating personalized promotions and advertisements, We would require access to Your Content (as defined below), work schedule and, fee quotes. You hereby acknowledge and understand that it may take 48 (forty-eight) hours or more to validate and activate Your profile/Account and/or to make Your Content available to the Venues, other artists and Users.
You agree that any information, including any Account Information, that You provide to Us, at all times, including during registration, and any information You upload to the Platform, will be true, accurate, current, and complete, and You shall, at all times, be solely responsible for the accuracy and/or completeness of the same. You acknowledge and confirm that the Company has no way of ascertaining and verifying the accuracy of the information provided by You and/or any legal compliance that You have to adhere to and/or maintain on account of any Content made accessible to the Users by You. . We reserve the right to add, edit modify, delete any information/material/Content provided by You, in the event the same, in Our sole discretion, is in breach of any applicable law and/or these Terms and/or any of the Company’s policies at any time. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other Users. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
You may not transfer or share Your Account password with anyone, or create more than one valid and existing Account. You are responsible for maintaining the confidentiality of Your Account password and for all activities that occur under Your Account. You also acknowledge that Your Account is personal to You and agree not to provide any other person with access to the Platform or portions of it using Your username, password, or other security information. You agree to notify Us immediately in the event of any unauthorized access to or suspicion in relation to the use of Your Account Information or any other breach of security. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and Your Account Information. In no event and under no circumstances shall We be held liable to You for any liabilities or damages resulting from or arising out of Your use of the Platform, Your use of the Account Information or Your release of the Account Information to a third party. You further agree and confirm that You shall not use anyone else’s account at any time.
Subject to the timely performance of Your Services, You shall be entitled to receive the fee amount as shall be mutually agreed to between You and the Venue, subject to these Terms (“Consideration”). You agree and understand that such transfer of the Consideration shall take place only via the Platform and that the Company shall be required to release such payment only after receiving a confirmation of the successful completion of the Performance and the event by the Venue. You further agree that in consideration of the Services being rendered by the Company hereunder vide the Platform, We shall be entitled to deduct a nominal transaction fee from such Consideration amount payable to You.
You hereby acknowledge that the Consideration provided to You under this section is sufficient consideration to You for the License of rights in respect of all such rights in and to the Content and Materials. Other than as specifically provided in these Terms, We will not be required to make any payments of any nature (including royalties or other amounts to copyright owners in respect of the compositions and lyrics embodied within the Content, or other amounts to the You, any other artists, talents, or other performers or any third person) for or in connection with the acquisition, exercise, or exploitation of rights by Us under these Terms.
You understand and agree that in order to receive royalties and/or any other monies statutorily payable to You by any third party, You shall have to register Your Content or any portion of it with the relevant collection societies/copyright societies and/or other like organizations, without any support or assistance from us. Please note, such aforementioned registration and collection shall be done of Your accord and We disclaim any liability to that effect. You further understand and acknowledge that We shall not be liable to pay any monies and/or royalties to You other than as agreed under these Terms.
In the event, You require third party consents to enter into these Terms, You shall obtain in writing all requisite consents and permissions of including, but not limited to, labour organizations, the copyright owners, copyright societies/collection societies, and the artist or performer (if applicable) whose performances are embodied in the Content and furnish the same to Us prior to accepting these Terms. Further, You shall be solely liable to pay all re-use payments, fees, royalties and other sums required to be paid for such consents and permission mentioned in relation to exploitation of the Content and Materials.
You agree not to use the Platform to:
- Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in 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 telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Platform;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Platform, including Our servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Platform;
- Delete or revise any information provided by or pertaining to any other User of the Platform;
- Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Platform, or to circumvent or modify any security technology or software that is part of the Platform;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind in manner what so ever including through the Platform. If You do so, You acknowledge You will have caused substantial harm to us, but that the amount of harm would be extremely difficult to measure;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Accessing the Platform (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Platform and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
- Use the Platform to advertise or promote competing services;
- Use the Platform in a manner inconsistent with any and all applicable laws;
- To unlawfully collude against another person in restraint of trade or competition; and
- Attempt, facilitate or encourage others to do any of the foregoing.
- TERMINATION OR SUSPENSION
The Company reserves the right, in the event You breach these Terms stipulated herein and/or for any other reason whatsoever, to suspend and/or terminate (temporarily or permanently) all or a portion of Your Account or access to the Services/Platform, with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your access to the Platform. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Platform or with respect to the Services; and (ii) barring You from further use or access of the Platform or of any of the Services. The Company may, at its sole discretion, suspend Your ability to use or access the Platform at any time while the Company investigates complaints or alleged violations of these Terms, or for any other reason.
Once terminated or suspended (temporarily or permanently), You may not be entitled, in the sole discretion of the Company, to continue to use the Platform under the same Account, a different Account or re-register under a new Account and Your right to procure the Services on the Platform shall immediately cease and the Company reserves the right to remove or delete Your information that is available with Platform, including, but not limited to, Your login and Account Information. Notwithstanding anything in these Terms, You agree that under no event of termination/suspension shall You be entitled to receive a refund of and/or retain any monies paid and/or payable to the Company.
Upon termination or suspension of these Terms, the Company shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, Content and all related information, files and materials associated with Your Account (or any part thereof). Notwithstanding any such termination/suspension, the Company may, at its sole discretion, retain such information, including any Content, collected from You/made available by You through the Platform and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws and furthermore, may use and/or exploit it in any manner whatsoever.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your Account from the Platform and/or modification of Your ability to access the Services upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information that You submit to the Company and/or the Platform, or if You fail to provide (or after providing such consent, later revoke) the consents and/or licenses necessary or desirable for the Company to be able to provide/offer the Services on the Platform to You. The right to terminate/suspend the Account is in addition to, and without prejudice to, the Company’s right to initiate action against You in accordance with applicable law.
Any suspension, termination, or cancellation will not affect Your obligations to the Company under these Terms which by their nature are intended to survive such suspension, termination, or cancellation.
- INTELLECTUAL PROPERTY RIGHTS AND GRANT OF RIGHTS
The Company does not claim any ownership rights in any Content made available vide the Platform/Services, save and except for any Company Content (as defined below). By displaying, publishing or making available any Content on or through the Platform, You hereby grant to the Company a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, translate and create derivative works of such Content, including without limitation distributing part or all of the Content in any media formats through any media channels, social media platforms including, but not limited to, on MyGigStar’s YouTube channel. You further agree that the Company shall be entitled to commercially exploit any Content, made available by You through the Platform, in any manner whatsoever, as shall be deemed fit by the Company, in its sole discretion and the Company may intimate you of the same from time to time. However, in the event the Company is desirous of exploiting such Content on a stand-alone basis, the same shall be done on mutually agreeable terms and conditions between You and the Company, in writing (emails permitted).
License of rights. You hereby grant the Company, a sub-licensable, irrevocable, and worldwide license to exploit wholly and without any limitation each and all of the Content and/or part thereof for the Term hereof, throughout the Territory, through all modes, media and formats. The License of rights granted under these Terms by You to the Company includes but is not limited to (a) the right to advertise, publicise, and/or promote the Content in connection with the use, sale, performance and/or distribution of the Content; (b) the right to communicate to the public the Content through all modes and mediums now known or invented and/or developed in future, including but not being limited to, broadcast through FM Radio, All India Radio, Satellite Radio, Internet Radio or through any other present future radio media; (c) to exploit the mobile, digital and electronic rights in each and/or all of the Content; (e) to synchronize the Content with other content in any manner to any extent whatsoever; (f) to reproduce the Content in any material form and issue copies of the Content; and (g) to exploit each and/or all of the Content in any manner whatsoever.
Apart from the rights as set out hereinabove, You hereby grant the Company the right in connection with the exploitation and promotion of the Content, to use the Materials as deemed fit by the Company including all Materials delivered by You to Us are automatically deemed “approved” for the purposes of this section. The Company shall have the right to publish, advertise, announce and use in any manner or medium, the name, sobriquet, biography and photographs or other likenesses of the artist/content owner and/or the authors and/or performers of the Content and/or part thereof in connection with any exercise by the Company of its rights hereunder including, for the purposes of Your promotion on the Platform and/or any other platform. Furthermore, You grant to the Company, the right to use, and to license others to use, reproductions of physical likeness and/or voice of any person in relation to the Content for the purpose of advertising and exploiting any work embodying the Content and the right to use any of the rights herein granted for commercial advertising or publicity (including endorsements) in connection with any product, commodity or service manufactured, distributed or offered by the Company or any person in connection with the Content, until the expiry of the Term.
Where applicable and permitted under applicable law, You also agree to waive any “moral rights” (or the equivalent under applicable law), such as Your right to be identified as the author of any Content, and Your right to object to derogatory treatment of such Content. If such moral rights are not waivable, then You at least agree not to sue Us for failure to identify You as the author of any Content or for any use of Your Content on the Services. In the event such Materials and/or Content feature any third-party, You hereby agree and confirm that You have also procured the aforementioned waivers from such third party.
Some of the Services are supported by advertising revenue and may display advertisements and promotions, in the beginning, middle and/or end of Your Content; and You further agree that the Company may place such advertising and promotions on the Platform or on, about, or in conjunction with Your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to You.
The Services, the Platform, and all information and/or content that You see, hear, or otherwise experience on the Platform (collectively, “Company Content”) are protected by the Indian and international copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to the Company, the Services, the Platform, and the Company Content including, without limitation, all intellectual property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happen to be registered. You will not acquire any intellectual property rights vested in the Company by Your use of the Services or the Platform.
For the sake of brevity, it is expressly clarified herein that any and all Company Content and/or User generated content and/or information collected directly or indirectly from any artists, Venues, Users on the Platform, including Your Account Information and Content, shall belong solely and exclusively to the Company and, the Company shall be entitled to use all such Company Content and/or Content for any purposes whatsoever, including promotional purposes, in accordance with these Terms. Copying any such copyrighted Company Content from the Platform for any purpose, whether commercial or otherwise, shall be a violation of the Company’s copyright and the Company reserves all its rights and remedies in law in relation to such violation.
- YOUR LICENSE TO USE THE SERVICES
- UPLOADING CONTENT AND DELIVERY:
You shall deliver/upload the Content and Materials to Us as per the procedure and Content Guidelines which can be accessed here [·] and provided for Your reference at ‘[●]’ portion of the Platform.
- THIRD PARTY CONTENT:
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Platform or in the Services that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Platform or on any related website except as required by law. No specific update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Furthermore, there may be occasions when the Platform or the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of the Company, that may further result in loss of Content. Consequently, We shall not be liable to You for any modification, suspension, or discontinuation of the Services, or the loss of any Content and/or, any information uploaded on the Platform and/or made accessible to the Users by You vide the Platform. The Company shall not be responsible for transmission errors and/or corruption of data, if at all any.
- DISCLAIMER OF WARRANTIES
You expressly agree that use of the Platform and the Services thereon is at Your sole risk. Both the Platform and Services are provided on an “as is” and “as available” basis. The Company expressly disclaims any and all liabilities, warranties, representations, conditions, or indemnities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration.
The Company and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error free or that any errors will be corrected. No advice or information provided to You by the Company will create any liability or warranty that is not expressly stated in these Terms. Nothing on the Platform shall constitute the Company’s opinion and should not be relied upon in making (or refraining from making) any decision.
We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to Your individual circumstances. Our Services and Platform content are developed for use in India and the Company and/or its affiliates make no representation or warranty concerning the Services or Platform content when they are used in any other country.
We are therefore not liable for any of the goods or services advertised on Our Platform. You agree that You shall attend all auditions/shows at Your own risk and We will not be held liable for any outcome whatsoever resulting from attending the same.
- REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY
- You represent and warrant that You shall: (a) comply with any and all applicable laws and/or such other rules and guidelines as may be applicable to You and/or the Content; (b) comply with all of Your wireless carrier’s terms and conditions; (c) not breach any of the terms set forth in this Agreement; (d) verify and affirm the accuracy and truthfulness of all the information You provide to Us; and (e) no information You upload on and/or make accessible vide the Platform shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
- In addition to the above, You agree, acknowledge and confirm the following:
- The Platform will only act as an aggregator and assume no responsibility and/or liability in relation to any engagements offered to You in pursuance of Your acceptance of this Terms.
- The Company (including its Directors, officers and/or employees) accepts no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the Platform.
- The Platform is for personal use and You shall not be entitled to use the same for commercial purposes and/or for any purpose beyond the scope of these Terms. The Platform and/or the Services and/or the information thereon shall not be used for any illegal purposes whatsoever. You shall not be entitled to access Our networks, computers and/or the information and/or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment of Our Platform and/or Services and/or the information thereon. You may not attempt to gain unauthorized access to any information and/or Services, other accounts, computer systems, or networks connected with the Platform and/or Services and/or information thereon. You may not use any automated means (such as a scraper) to access the Platform and/or the information and/or the Services for any purpose whatsoever. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her MyGigStar profile/account. Any attempt by any individual or entity to solicit login information of any other User or to access any such account, shall be an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
- Your right to use the Services is not transferable.
- Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with Venues/other artists/Users through the Platform and the Company shall have no liability or responsibility whatsoever in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by such Venues/other artists/Users and/or any third party through the Platform.
- The Company and its Platform merely act in the capacity of facilitators between You, the Venues, other artists and Users by providing a platform for parties to interact and transact with each other. In no event shall the Company and/or the Platform be held liable for any of the losses attributable to Services offered through the Platform.
- At all times when using or accessing the Services, You agree that:
- You are solely responsible for the Content or information You publish, display on the Platform or transmit to other members.
- You represent and warrant that all original Content made available by You through the Platform and/or the Services shall be wholly original work and in compliance with the applicable laws and, that the Company’s use and exploitation of the same, in accordance with these Terms, shall not violate or infringe upon any third party right including rights in any form of intellectual property.
- You will not post on the Platform, or transmit to other Users or MyGigStar employees, any defamatory, inaccurate, abusive, obscene, derogatory, offensive, threatening, harassing, capable of hurting religious sentiments, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not post any offensive or sexually suggestive references or post any photographs or other images containing nudity. The Company reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these Terms.
- In using the Services to enter into any agreement or other contract of services, such agreement/contract shall not be inconsistent with these Terms.
- You will use the Services in a manner consistent with any and all applicable laws and regulations.
- You will not falsify Your identity or misrepresent Yourself or any other User or any third party, in any way on the Platform.
- You will not “stalk” or otherwise harass any User and/or third party in any way.
- You will not engage in advertising to, or solicitation of other Users/Venues/artists to buy or sell any products or services through the Platform.
- You will not transmit any chain letters, spam or junk email to other members or to us.
- You will not express or imply that any statements You make are endorsed by us, without Our specific prior written consent.
- You will not harvest or collect personal information about other members whether or not for commercial purposes, without Our written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- You will not interfere with or disrupt the Services, the Platform, or the servers or networks connected to Our Services or the Platform.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; nor will You attempt to disrupt, degrade, impair, or violate the integrity or security of the Services in any way (including, without limitation, “hacking,” “denial of service” attacks, and the like).
- You will not “frame” or “mirror” any part of the Services, without Our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to www.mygigstar.com or Our Services in order to direct any person to any other website for any purpose.
- You will not modify, copy, adapt, sublicense, translate, sell, reverse engineer, create derivative works from, decipher, decompile or otherwise disassemble any portion of the Platform or any source code or other software used in or for the Platform, nor will You cause, assist, or encourage others to do so.
- You are solely responsible for Your interactions with other members. The Company reserves the right, but has no obligation, to monitor or attempt to resolve disputes between You and other Users.
- You will not, for any reason, directly or indirectly submit a review for any services rendered by You. Reviews may only be posted by legitimate clients who have booked and/or collaboration with You. You may dispute any review You feel to be fraudulent, but the removal of reviews is solely at Our discretion. Posting any illegitimate review, whether on Your own or on another User’s account, may result in Your Account’s immediate termination, at Our discretion, without refund, and may also result in a permanent ban from the Services.
- You are required to keep all bookings and their associated communications on the Platform. We reserve the right to terminate any account that attempts to complete a booking outside of the Platform, when that booking has originated from a MyGigStar inquiry. Discouraging, suggesting, and/or preventing Users from booking You through the Platform and/or discouraging Users from hiring other artists is not permitted.
- You will not re-sell or re-offer any lead You receive through the Platform to another performer, vendor or service provider, nor will You re-offer or post to any website any lead You receive through Your relationship with this Platform.
- You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from MyGigStar related to Your or another User’s compliance with these Terms.
- You take full responsibility for ensuring that the Content and Materials uploaded by You do not infringe any rights including but not limited to intellectual property rights, privacy rights and that the Content and Materials uploaded by You have been uploaded after getting the required permissions or authorizations from third parties, if any. In case of any copyright infringement or failure to get the required permissions or authorizations from third parties, You shall be liable for the same. We shall not be liable in case of any copyright infringement or failure on Your part to get the required permissions or authorizations from third parties;
- Failure to comply with the foregoing provisions in this clause above may result in immediate suspension or termination of Your right to use the Services without refunding any monies paid to the Company by You. Furthermore, upon such termination, all obligations of the Company shall be deemed to have been fulfilled, including payment of any pending amount. The Company reserves the right, in its sole discretion and in all instances, to determine whether You have or have not complied with any provision contained in these Terms.
- You will indemnify, defend, and hold harmless the Company, the Company’s licensors and affiliates and Our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
- Your access to and/or use of the Services, the Platform, or the Content;
- Your violation of any of the provisions of these Terms;
- Your violation of any rules, regulations, acts and/or laws that are in force or that may come into force from time to time;
- any activity related to Your Account by You or any other person accessing the Platform or Services through Your Account, including, without limitation, negligent or wrongful conduct; or
- Your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
- The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree, undertake and confirm to cooperate with Us in asserting any available defenses.
- STATUTORY OBLIGATIONS AND COSTS
You agree that the Platform is only an aggregator and is not involved with the actual organization and hosting of the event or Performance. The Company shall not be liable for any defaults for non-compliance with any statutory rules and regulations applicable for any event/Performance. You further agree that the parties involved in any engagement shall be responsible for obtaining all licenses, permits, consents and approvals for hosting the event/Performance, and shall be responsible for all statutory compliances related to the event and for bearing all expenses in relation to the same, at its sole cost, without any recourse to the Company. If due to any circumstance, the Company is compelled or obliged to bear any statutory, regulatory, industry association, trade body, etc. imposed royalty, levy, commission, charge, etc. of whatsoever reason, the same shall be additionally reimbursed and indemnified by You, if required.
- LIMITATION OF LIABILITY
To the maximum extent permissible by the applicable laws, and in no event will, the Company and/or its affiliates be liable to You for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, Your use of the Services and/or the Platform and/or the Company Content, whether the damages are foreseeable, and/or whether or not the Company has been advised of the possibility of such damages in advance. If You are dissatisfied with the Services and/or the Platform and/or the Company Content, Your sole and exclusive remedy is to discontinue using the Platform.
Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to Your use of the Services and/or the Platform and/or the Company Content and/or Our relationship with You, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.
We and/or Our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this agreement caused by an event beyond Our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by You, Your wireless carrier, or any other supplier of goods or services to Us or to You.
THE COMPANY AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITIES AND WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY THE COMPANY WILL CREATE ANY LIABILITY OR WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
Without limiting the generality of the foregoing, We may provide and/or make available and/or otherwise reproduce third party content and/or part thereof on the Platform and/or may provide links to web pages and content of third parties (collectively, “Third Party Content“) as part of the Services to those interested in such Third Party Content. We do not monitor or have any control over any Third Party Content or third party web sites. We do not endorse or adopt any Third Party Content and make no guarantee whatsoever as to its accuracy, reliability or completeness. We do not represent or warrant the accuracy of any information contained therein, and We undertake no responsibility to update or review any Third Party Content. You use such Third Party Content contained therein solely and entirely at Your own risk.
You acknowledge and agree that in the course of conducting business with us, You may be exposed to confidential information related to the Company’s business and business practices. Except to the extent that such information is otherwise available to third parties, You agree to keep such information confidential. You agree that You will not use such confidential information for any purpose that is not specifically provided for in these Terms.
- GOVERNING LAW AND JURISDICTION:
These Terms shall be strictly governed by and constructed in accordance with the laws of India and courts of Mumbai, India shall have exclusive jurisdiction over any disputes arising from these Terms or use of the Services.
In the event of any disputes, differences or claims arising between the Us and Yourself in connection with these Terms, during their subsistence and/or after their termination in any manner whatsoever, including the validity and/or construction and/or interpretation of any of the sections hereof or anything done or omitted to be done pursuant hereto, the parties entering into these Terms shall to the fullest extent possible, try to settle the disputes, differences or claims in the first instance by prompt and good faith negotiations between Yourself and us.
Any dispute that is not resolved within 30 (thirty) days of the occurrence thereof shall be finally settled by way of arbitration in Mumbai, in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated in this section by reference. The arbitral tribunal (“Arbitration Board”) shall consist of 1 (one) arbitrator, to be appointed by the Council of Arbitration of the MCIA (including the Committee of the Council), in accordance with the MCIA Rules. All disputes at the first instance shall be resolved in accordance with the expedited procedure set out in Rule 12.3 of the MCIA Rules (“Expedited Arbitration Procedure”). If for reasons, the arbitration cannot be conducted in accordance with the Expedited Arbitration Procedure, the disputes shall be resolved in accordance with the remaining provisions of this Section 21 and the MCIA Rules, without giving effect to the Expedited Arbitration Procedure under the MCIA Rules.
The seat and venue of the arbitration proceedings shall be Mumbai, India and the language of the arbitral proceedings shall be English. All aspects of the arbitration shall be treated as confidential. The law governing this arbitration agreement shall be the law of India.
The Arbitration Board shall have the power to grant any legal or equitable remedy or relief available under applicable law, including injunctive relief (whether interim and/ or final) and specific performance. For avoidance of doubt, each party to the dispute shall be entitled to apply to the appropriate court of competent jurisdiction for interim or interlocutory relief in respect of such arbitration.
The Arbitration Board shall also have the power to decide on any dispute regarding the validity of this Section 20.
During the course of any arbitration under this Section 20, except for the matters under dispute, each of the parties entering into these Terms shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.
Each party entering into these Terms shall participate in good faith to reasonably expedite (to the extent practicable) the conduct of any arbitral proceedings commenced under these Terms.
The Arbitration Board shall render a written and reasoned award in writing at the earliest and in its award, also, decide on and apportion the costs and reasonable expenses (including reasonable fees of counsel) incurred in the arbitration. Any arbitral award or measures ordered by the Arbitration Board: (a) may be specifically enforced by any court of competent jurisdiction; and (b) shall be final and binding on the parties entering into these Terms.
- CHANGES TO THESE TERMS
We reserve the right to change Our Terms at any time. Any changes that We make will become a part of Our Agreement with You when they are posted to Our Platform. Your continued use of Our Services or the Platform will constitute Your agreement to the changes We have made. The last date on which these Terms were revised is set forth at the end of this document.
- No injunctive relief: Under no circumstances, shall You seek an injunction or injunctive relief against Us for any reason whatsoever. This section shall survive the termination of these Terms.
- Relationship of the Parties: You acknowledge and agree that nothing in these Terms, including, but not limited to, registration with Our Platform, constitutes an agency agreement or creates or acknowledges a principal-agent relationship between You and Us or makes Our partners or otherwise participants in a joint undertaking. Our relationship shall solely be one of independent contractors.
- Notices: Notices by You to Us hereunder shall be invalid unless made in writing (fax or signed document) to the fax number or e-mail address listed on the Platform.
- Assignment and Delegation: You cannot transfer Your Account or assign any of Your rights or delegate any of Your obligations under these Terms without Our prior written approval. We may freely transfer, assign or delegate these Terms or Our rights and duties under these Terms.
- No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect Our right to later enforce or exercise it.
- Contact Information: In the event You have any queries about these Terms or the Platform, please feel free to reach out by email to Us at ‘[email protected]’.
- Modification: No modification, variation, novation or amendment of these Terms and/or of the terms or conditions hereto shall be valid or binding, unless made specifically in writing, upon the mutual consent of the Parties and signed by an authorized representative of each party entering into these Terms.
- Headings: The section headings are for convenience only and shall not limit, govern or otherwise effect the interpretation or construction of these Terms in any way.
- Prevailing Language: The English language version of these Terms shall be decisive in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
MYGIGSTAR TECHNOLOGIES PRIVATE LIMITED
Registered Office: No. 192,
SWARNASRI, 2ND CROSS, 7TH, MAIN, ARAKERE, MICO LAYOUT 1ST STAGE,
BANGALORE, Karnataka, India – 560076