GIGBOOK.CA User Agreement & Policy

Below is an agreement for all GIGBOOK.CA users beginning August 15, 2009:

TERMS ON WHICH GIGBOOK.CA PROVIDES ALL SERVICES:

This is a copy of the User Agreement for GIGBOOK.CA, Inc. This User Agreement outlines the terms and conditions and other items and paragraphs that apply to your use of our services under the domain of www.gigbook.ca and it's related sub-domains, and for the terms of our partners, associates, friends, and affiliates. If you do not agree to operate within the terms and conditions and other items and paragraphs shown here and below, we ask that you do not use or log into our awesome services.

You must agree, accept, and have read, all of the terms and conditions in this Gigbook User Agreement and the Gigbook Privacy Policy, which includes everything shown below and referred to, before you sign-up or join GIGBOOK.CA as a new member or guest. It's preferable that you re-read everything shown here and below a second time. We also suggest that you access and read all other pertinent and important pages of the GIGBOOK.CA web site and thoroughly read everything (preferably two times), as additional terms and conditions, text, phrases, and paragraphs will apply to you as a GIGBOOK.CA member, user, or customer.

We may update/or change this User Agreement any time and for any reason at our discretion by showing the new/or updated terms on GIGBOOK.CA. Excluding the items shown below, all changed/or updated terms will be immediately effective and in force twenty-one (21) days after they are first displayed or shown on our awesome GIGBOOK.CA website. This Gigbook User Agreement will be effective and in force "as-of" August 15th, 2009 for all new and existing users/or members or guests, and customers.

             GIGBOOK.CA is Legally..... & Lawfully a Venue

GIGBOOK.CA is sometimes called an "online agent", "online booking agent", or "automated booking agent or agency".  However, you should know that GIGBOOK.CA is not a traditional "booking agent".  In addition, you should also know that we are not a typical employment firm or agency/or agent. Again, GIGBOOK.CA is not a booking agent or agency. GIGBOOK.CA conducts business as a venue to allow people to buy and sell entertainment & performance services. GIGBOOK is not involved in any part of the process between buyers and sellers. Because of this, GIGBOOK is not involved in the legal process of the performers who are advertised on GIGBOOK.CA, the safety, truth, or quality of the descriptions or advertisements, or the ability or inability of the buyers and sellers to provide buy and sell services. At GIGBOOK, we are never sure that a transaction will actually be completed between the buyer and seller. In fact, GIGBOOK is not a legal/or lawful company and does not provide any kind of legal suggestions, advice, ideas, processes, methods, preferred ways of doing things, or guidance whatsoever.  A lawyer-client relationship is never created by using the GIGBOOK.CA website or services; that's the good news.

Release and Waiver of All Applicable Laws, Legal Code(s), & Regulations
Because GIGBOOK.CA is legally...and lawfully a venue, in the chance that you have a conflict, disagreement, argument, or issue with one or more GIGBOOK.CA members, performers, users or customers, you hereby release GIGBOOK.CA (and all of our employees, founders, directors, innovators, and officers, and all subsidiaries, ventures, joint ventures, and agents/or agencies, firms, holding companies, acquisitions, and merged companies) from demands, claims, damages, and liabilities of every kind, unknown/or known, unintentional/intentional, undisclosed/or disclosed, unsuspected/or suspected, arising out of or in any way connected with such conflicts, disagreements, arguments, or issues. If you are a Canadian resident, you waive all applicable Canadian provincial and federal laws including those that apply to a "general release". Except as specifically outlined in this GIGBOOK.CA User Agreement, to the fullest extent provided or allowed under provincial and federal Canadian law, any example documents provided by GIGBOOK.CA (called “Example Documents” in this GIGBOOK.CA User Agreement) are given out "as is" and without warranty of any kind. Users hereby accept full and partial responsibility for the use and legality and lawfullness of these Example Documents. GIGBOOK.CA is not responsible for any/or all losses, mixups, miscommunication, claims, injuries, embarrassments, damages or liabilities related to your use of GIGBOOK.CA or Example Documents. GIGBOOK.CA does not represent that Example Documents, its computer server or system, or any related web sites are free of any materials/or items that could be harmful such as computer viruses, resident viruses, direct action viruses, overwrite viruses, boot viruses, macro viruses, directory viruses, polymorphic viruses, companion viruses, FAT viruses, worms, trojans or trojan horses, file infectors, or logic bombs, all just for example.

 

Cancellation of Performer (Within 15 Days Of The Event)

GIGBOOK.CA will totally and completely give back the booking fee and GIGBOOK.CA absolutely hereby reserves every right to give the performer a fine for not meeting obligations; GIGBOOK.CA also absolutely reserves every right to give the performer a “1^st Warning”, and the performer’s membership might be put on hold, put into a pending status, or completely terminated.  The GIGBOOK.CA customer will be able to submit Rating & Review data or information.

 

Cancellation of Performer (More Than 15 Days Prior To The Event)

GIGBOOK.CA will totally and completely give back the booking fee and the performer will not be fined; the Customer will not be able to submit Rating & Review data or information.

 

Cancellation of Customer (Within 15 Days Of The Event)

GIGBOOK.CA will not give back the booking fee, and the Customer will not be able to submit Rating & Review data or information.

 

Cancellation of Customer (More Than 15 Days Prior To The Event)

GIGBOOK.CA will totally and completely give back the booking fee, and the Customer will not be allowed to submit Rating & Review data or information.

 

Cancellation of Customer (Up To 33 Days After The Event Date)

GIGBOOK.CA will totally and completely give back the booking fee and GIGBOOK.CA hereby reserves every right to delete all Rating & Review data and information.

 

Bookings that happen within 15 days of the event date, and after 23 hours, the performer cancels.

GIGBOOK.CA will totally and completely give back the booking fee, but GIGBOOK.CA absolutely reserves every right to give the performer fine for not meeting obligations.  GIGBOOK.CA also absolutely reserves every right to give the performer a “1^st Warning”, and the performer’s membership might be put on hold, put into a pending status, or completely terminated.  The GIGBOOK.CA customer will be able to submit Rating & Review data or information.  An alternate performer will try to be located asap.

 

Bookings that happen within 15 days of the event date, and within 23 hours, the performer cancels.

GIGBOOK.CA will totally and completely terminate the booking and give back the entire booking fee.  An alternate performer will try to be located asap.

 

“2^nd Warning” Rule

If GIGBOOK.CA has given notice to any GIGBOOK.CA member a 1^st time about any breach(es) regarding membership as outlined and stated in this GIGBOOK.CA User Agreement, and the GIGBOOK.CA member has fixed the problem, breach, or issue, and then the same member breach(es) any item, concept, word, phrase or paragraph stated within the GIGBOOK.CA User Agreement a 2^nd time, GIGBOOK.CA will give the member a “1^st Warning”. If the same member breach(es) any item, concept, word, or phrase or paragraph stated within the GIGBOOK.CA User Agreement a 3rd time, GIGBOOK.CA will give the member a “2^nd Warning” and will immediately and completely terminate the member. GIGBOOK.CA also has the total, absolute, and complete right (that is reserved) to delete and terminate any GIGBOOK.CA member at any time, and for any reason whatsoever.

 

Ratings & Reviews

You may not do anything to affect or destroy or messup the GIGBOOK.CA Rating & Review process. We have the right to limit the number of Ratings & Reviews that are posted on the GIGBOOK.CA website based upon the types of Ratings & Reviews received. GIGBOOK.CA has the right to delete, change, or leave “as-is” all Ratings & Reviews. GIGBOOK.CA members, guests, or customers are hereby not allowed to engage in any kind of slander or bad language. All Ratings & Reviews will be put on GIGBOOK.CA only if the Mgmt Team at GIGBOOK.CA wants to. Ratings & Review information should never be used by anyone without permission, especially if it’s threatening or harmful.  GIGBOOK.CA hereby reserves the right to put on hold or delete accounts or memberships from the GIGBOOK.CA site for any reason whatsoever.  GIGBOOK.CA also reserves the right to not allow customers from contacting performers and book gigs through GIGBOOK.CA. A performer may not change or cancel on a customer because they might be concerned about getting other than perfect or negative Ratings & Reviews once the event is completed and over.  GIGBOOK.CA hereby reserves the right to put on hold or terminate any account or membership at any time, and for any reason.  Especially for very negative Ratings & Reviews, or if the Rating & Review process is being abused for any reason in order to try and manipulate the system.

 

Fraudulent Behaviour or Activities

Without any notice whatsoever, and for any reason, and without any limits at all, GIGBOOK.CA may or may not terminate your account or put it on hold, if we determine (by any means and in any form) that you are involved in anykind of act that could be fraudulent, misleading, or lying about anything related to our website at GIGBOOK.CA.

 

Ratings & Reviews External Use

You hereby agree that your Ratings & Reviews is composed of information left by other members, customers, or users, and a number or Rating totalled by GIGBOOK.CA, and that the totalled number without the information left does not represent your complete user or member profile. Because Ratings & Reviews are only used for bookings between GIGBOOK.CA members and customers, you hereby totally agree that you will not use or market externally your GIGBOOK.CA Ratings & Review information anywhere other than a GIGBOOK.CA managed site.

 

Information Management

We do not manage the information that members provide as input to our system at GIGBOOK.CA.  We simply post the information that is provided to us.  You might see some postings to be wrong, painful, or offending you somehow. You should be careful, and use a common sense communication method when interacting with GIGBOOK.CA.  There is also the very possibility of interacting with minors or persons operating with fake or false identities, or other misleading information. There may also be risks with those people who deal with foreign trade and nationals from other countries and jurisdictions. By using GIGBOOK.CA you are hereby accepting all of these risks and we cannot be responsible for the interaction and postings of users or members who use GIGBOOK.CA.

 

Ratings & Reviews Input

We do not in any way, give you the right or method(s) to bring in Rating & Review input(s) from other sites to GIGBOOK.CA because a Rating & Review number, without the associated or related information is not a truly accurate picture of your status or performance within the GIGBOOK.CA social network of customers, users, or members.

 

Clause for Indemnity

You hereby totally agree to indemnify and hold us and our related associates (including holding companies, employees, founders, agencies, officers, directors, VP’s & subsidiaries, including any/all affiliates) harmless from any and all claims, commercial or otherwise, including all lawyers' fees, initiated by anyone or any third party due to or coming from your breach of this GIGBOOK.CA User Agreement or the information or materials it includes or your breach of any law or legal process or the rights of anyone or any third party.

 

Liability – And It’s Limitations

GIGBOOK.CA will not be liable for any damages of any kind (including negligence) coming from the use or not being able to use the data, information, and objects of this website.  This also applies even if someone at GIGBOOK.CA has been advised or threatened with possible damages. 

 

Legal Compliance

You must follow all Canadian domestic and international laws regarding your use of GIGBOOK.CA  and all of the services we provide, and your providing detailed quotes on, descriptions & listings, buying, offers to buy & sell, and sale of entertainment provided by performers services and other associated things.

 

Any/All Notices

Notices must absolutely be given by Canada post or regular mail to GIGBOOK.CA, Legal Folks, 2389 Robertson Rd., Shawnigan Lake, BC, V0R2W1.  We may also decide at some point to give you notice by registered or certified mail, with signature required on delivery, to the address provided to GIGBOOK.CA during the sign-up process. If this is what we decide to do, notice shall be formally given 4 days after mailing date and time.

 

No Agency is Created

GIGBOOK.CA and you are totally self-employed contractors, and no relationships are created, or intended to be created by this GIGBOOK.CA User Agreement, including such relationships as partnership(s), ventures of any sort, agency or agencies, employer-employee, or franchisee-franchiser type of thing or deal.

 

Arbitration

Any lawful or legal controversy or lawful or legal claim or claims coming out of or associated with this GIGBOOK.CA User Agreement, excluding any lawful or legal action taken by GIGBOOK.CA to recover damages or any/all fees for, shall be settled by binding arbitration.Any and all issues and claim(s) must be arbitrated individually, and must not be combined in any arbitration with any issue or claim(s) of any other party.  Any and all arbitration must take place in Victoria, BC, Canada and judgment on the award may only be entered there.  GIGBOOK.CA or you can seek any temporary relief from a court of that jurisdiction in Victoria, BC, Canada.  If either party files something against this process, the other party may recover or get back lawyer's fees and all related costs up to CAD $1100.00.

 

General Rules of Conduct

You and only you are totally responsible for the information you post or publish, communicate or display in any and all manners on the GIGBOOK.CA web site or send out to other GIGBOOK.CA customers, members, clients, or users.You will not post on the web site any abusive, illegal, misleading, false, or fake information.  You will not exploit others, especially those under age, or create any kind of computer virus.  You will use the site in accordance with all federal & provincial laws.  You will not solicit any of GIGBOOK.CA’s members, users, or customers.  You will not copy or reproduce anything from this website.  You will report all violations immediately to GIGBOOK.CA.  GIGBOOK.CA also reserves the right to put on hold or terminate any or all information that might violate any federal or provincial law.  You are totally responsible for everything you post on this site including any/all email messages.

 

Performer Membership

GIGBOOK.CA reserves the right to put on hold or terminate any GIGBOOK.CA user, customer or member from the GIGBOOK.CA site at any time and for any reason. Without limiting the aforementioned statement or wording, GIGBOOK.CA reserves the right to put on hold or terminate any GIGBOOK.CA member, user or customer from the GIGBOOK.CA site at any time and for any reason and for any breaking or breach of this GIGBOOK.CA User Agreement.

 

Non-Response

GIGBOOK.CA reserves the total right to put on hold or completely terminate the membership of any GIGBOOK.CA user, customer, or member who doesn’t reply to four or more emails requesting detailed price quotes.

 

Cancellations & Deposits

GIGBOOK.CA reserves the total right to put on hold or completely terminate the membership of any GIGBOOK.CA user, customer, or member who has not shown up for more than one GIGBOOK.CA booking and doesn’t return the deposit.  Reasons do not apply in this case.

 

Contact Data & Information

GIGBOOK.CA reserves the total right to put on hold or immediately terminate the membership of any GIGBOOK.CA user, customer, or member who puts contact data & information on his/or her GIGBOOK.CA Press Kit. This might include other site URL links, email links, and a variety of telephone, cell, or home phone numbers. Contact data & information can never be put or shown anywhere in Press Kits.

 

Faking Bookings

GIGBOOK.CA reserves the total right to put on hold or terminate the Membership of any GIGBOOK.CA member, user, or customer who lies or fakes bookings and/or customer data or information.  Faking bookings and related information is absolutely never permitted for any reason.

 

Bookings Outside of GIGBOOK.CA

GIGBOOK.CA performers may never contact a GIGBOOK.CA customer in order to book a GIGBOOK.CA event (The Customer "Event" has been assigned a GIGBOOK.CA Order Number which is the Event Number) outside of GIGBOOK.CA. GIGBOOK.CA Performers are not permitted to interfere with another GIGBOOK.CA performer's booking. GIGBOOK.CA performers are never allowed to contact (via cell phone, email, telephone, mail, social networking, texting, etc.) GIGBOOK.CA customers in a pending, on hold, open or finished booking (or any other booking process status) to try and get them away from hiring another GIGBOOK.CA performer. Influencing customers from hiring other GIGBOOK.CA performers is never allowed.  Negatively influencing customers from booking yourself through GIGBOOK.CA is never allowed.

 

Bad Comments

Bad comments can never be made by GIGBOOK.CA members, about implied or not implied members or non-members.

 

Customer Leads

You are never allowed to give out any kind of customer, user, or performer “lead”. GIGBOOK.CA defines this type of activity as "to give out to another on the basis of receiving some kind of payment in return for the lead or information".  This means to say that GIGBOOK.CAs' Performers absolutely cannot ever take a customer “lead” given to him/her/or them and then move or change these customer “leads” to non-GIGBOOK.CA performers, companies, agencies, individuals or person(s).  A customer “lead” can only be used by the GIGBOOK.CA performer who received the “lead” from GIGBOOK.CA. If GIGBOOK.CA ever finds out that a GIGBOOK.CA performer, user, or customer is giving out customer “leads”, then GIGBOOK.CA will be able to put on hold or terminate the GIGBOOK.CA member, user, or customer from the GIGBOOK.CA site and immediately stop services and therefore end the GIGBOOK.CA performer’s, users, or customers membership.

 

Member/Performer Group Changes

If a GIGBOOK.CA performer who has signed up for membership changes his or her group structure (i.e. the band members decide to go separate ways, as one example), GIGBOOK.CA absolutely reserves every right to alter the existing membership in anyway whatsoever it pleases, including putting the account on hold, pending status, or even terminating the account altogether.  These groups changes could include a soloist, band, quintet, ensemble, duo, DJ, trio, other performer, or production, for example.  GIGBOOK.CA also absolutely reserves every right to put on hold, change, delete, discontinue, or move, or keep any/all previous customer Ratings & Review data and information within any GIGBOOK.CA performer press kit at the sole opinion of what GIGBOOK.CA thinks is right.  For example, if the members of a trio decide to go separate ways, each person will need to complete a new performer sign-up form in order to get entirely new GIGBOOK.CA memberships.  This is a formal requirement herein. If a larger band or group should change and go separate ways (quintet, ensemble, or band, for e.g.) the majority will decide what happens.  Again, another example might be that if a seven (7) piece band decides to go separate ways and four (4) of the seven (7) stay together as a band, GIGBOOK.CA will give the members that stay together the priviledge to keep the original GIGBOOK.CA membership including all Rating & Review data and information located within the press kit(s).

 

Press Kit Data & Information

GIGBOOK.CA is totally involved with giving our customers, users, and members a safe, virus free, harassment free, and desirable website experience.  Any type of sexual material or offending materials including photos, videos, text, audio/sound files are absolutely not tolerated at any time and will be immediately removed when found.  If photos, videos, text, and sound files would be normally considered as unacceptable on a friendly public park or softball field and not usually allowed on regular television,  these types of things will not be allowed on GIGBOOK.CA either, and will be immediately removed when found.  GIGBOOK.CA absolutely reserves every right to remove, alter, or change any of these types of materials at any time, and for any reason.  GIGBOOK.CA absolutely reserves every right to remove and/or immediately delete any sound file or video file at any time, and for any reason.

 

Example Document Use

You hereby totally agree that you will never use, or ever think of using, any GIGBOOK.CA Example Document(s) that would violate any Federal or Provincial law, legality, or special code in your jurisdiction or any jurisdiction depending on the law form that you think you are operating under or within.

 

Fees

GIGBOOK.CA does not charge for customers to use the GIGBOOK.CA site to shop for and locate GIGBOOK.CA performers. If you do decide to book a performer(s) through GIGBOOK.CA for your next event, we normally collect a 5% booking fee (which is 5% of the performer’s quote, that is in addition to the quote, and not included in the quote). The fee is collected in advance at the time of booking, and is collected only if the GIGBOOK.CA performer shows up and entertains at your event. If the GIGBOOK.CA performer decides to not show up and therefore does not entertain at your event, the booking fee will be completely given back to you.  A request for a refund must be submitted to GIGBOOK.CA not any longer than thirty-three (33) days after the event so you can receive a fee refund.

 

Inclusions

All of the aforementioned e-services, e-commerce, and other types of product(s) and services are all offered by GIGBOOK.CA, with a business address of: 2389 Robertson Rd., Shawnigan Lake, BC, V0R2W1, Canada.  For Canadian citizen(s) and resident(s), you can have all of the aforementioned policies, rules, and User Agreement emailed to you by mailing a letter to us at the address (shown above) with your email address(es) and a simple statement that you would like to receive this information.