Terms & Conditions of Use

MajorGig LLC (“MajorGig”, “we” or “us”) has created this Website/Application/application (collectively, the “Application,” or the “App”) to provide an online platform for musicians, event promoters, party planners, venue owners, and other music professionals.

To assist you in using our Application and associated services, and to ensure a clear understanding of the relationship arising from your use of our App and participation in these services, we have created (i) these Terms and Conditions of Use (the “Terms”) and (ii) a Privacy Policy. Our Privacy Policy explains how we treat the information you provide to us through the App, and our Terms govern your use of our App. Our Terms and Privacy Policy apply to any visitor to the Application (collectively, “you”), including (i) casual visitors to our App, who do not participate in the Services (“App Visitors”), (ii) musicians and other music professionals who visit the App to promote, introduce, and air their works, and (iii) event promoters, party planners, venue owners, licensors, music supervisors and anyone else engaged in booking or licensing music. The musicians, other music professionals, event promoters, venue owners, licensors and music supervisors who are registered with our App are collectively referred to as Members (“Members”).

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE APP. BY ACCESSING OR REGISTERING AT THE APP, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR REGISTER FOR OUR APP.

1. General

These Terms govern (i) your use of the Application, (ii) your receipt of and participation in Major Gig’s services through the Application (the “Services”), (iii) your provision of music, video, sound, text, graphics, files, information, or other content (the “Content”) to others through the App; and (iv) your use of Content obtained through the App. Please read these Terms carefully; they impose legal obligations on you and on Major Gig and establish our legal relationship. By using the Services or accessing our Application, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

While you can visit our App and review a range of information about musicians and venues without registering, to post information on our App, and to obtain access to certain other materials or information from our App, we ask that you become a Member.

In addition, if you become a Member, during the registration process for your password (and from time to time as we may require) you may be prompted to click an “I Accept” button, which further confirms your agreement to be legally bound by these Terms.

2. Our Services: Overview

Major Gig provides a range of services for its members, including but not limited to the following:

2.1. Services for Members. Our App is designed for networking within the music industry, making it easy for musicians, promoters, and venues to connect with each other online. As a Member musician, you can upload information to the App about yourself to connect with promoters and venues for performances, clubs, and other opportunities (“Listings”).  You may use your account to connect with promoters/venues to book performances and obtain payment for your performance through the App’s payment system (“Bookings”).  Further, Members who are musicians may use our App to provide comments and/or feedback regarding the promoters/venues and/or the Listings for which they have submitted. Additionally, Members who are promoters/venues may upload information about the Listings and/or Member musicians.  You may use your account to facilitate Bookings with Member musicians (collectively, the “Services”).

2.2. Additional Information. Please review our Privacy Policy for details concerning our uses of aggregate information and other important information concerning our privacy and other data protection practices.

3. Obtaining a Password; Use of Your Password

3.1. Eligibility. You are eligible to register as a Registered Member at our App if (i) you are 13 years old or older, (ii) you hold requisite legal rights in the Content that you make available over the Application, as provided in Section 4.6 (Rights You Must Have in Your Content); and (iii) you agree to abide by our Terms and Privacy Policy.

3.2. Registered Member Acting in a Representative Capacity. If you are agreeing to these Terms 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 these Terms and our Privacy Policy, the term “you” means your musical group on whose behalf you are acting.

3.3. Members Under the Age of Majority. We recognize that some of our Members will be eligible members between the ages of 13 and the age of majority (“Teen Band Members”). Some Teen Band Members may have a parent or Guardian acting on their behalf (“Parental Representative”). If you are agreeing to this Privacy Policy and our Terms and Conditions of Use as a Parental Representative on behalf of a Teen Band Member, then (i) you represent and warrant that you have authority to act on behalf of, and to bind this Teen Band Member and (ii) for all purposes in these Terms and our Privacy Policy, the term “you” means the Teen Band Member on whose behalf you are acting. Other Teen Band Members may be acting each on his or her own behalf. If you are agreeing to these Terms and our Privacy Policy as a Teen Band Member, then we assume that you have parental consent to participate in our Services and otherwise use our App.

3.4. Agents. We recognize that some of our Members may be musicians working with an agent, or other third-party representatives (“Agent”), who has been given the authority to act on behalf of the band(s). Agents who register a musician on our App are warranting that they have the authority to do so.  Likewise, Member musicians represent and warrant that they have no outstanding agreement or obligation that is in conflict with any provision of these Terms or that would preclude full compliance with the provisions of these Terms, such as an agreement with a booking agent that would prevent a Member musician from using the App or our Services.

3.5. Protecting Your Password. Please keep in mind that we will treat anyone who uses your username and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your username and password in confidence and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services and your participation in our Application. Similarly, for Agents and representative Members, we recommend that you maintain your client or group’s user name and password in confidence and that you refrain from disclosing this information to anyone who might “pretend” to be you, your client or your group with respect to the Services and your participation on our Application.

We also ask that you notify us immediately if you suspect that someone is using your username and/or password in this or any inappropriate manner.

4. Members; Profiles

Members are invited to post Content to their personal account pages (“Account Pages”) or Listings, connect with each other, and fully enjoy our other Services for all purposes permitted in these Terms. The following specific provisions govern the creation and use of an Account Page.

4.1. Privacy and Your Account Page. Please choose carefully the information you post on your Account Page, and that you provide to other App Visitors and Members. When you make your Account Page freely available to App 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.

4.2. Member Comments/Feedback. Our Application allows Members to provide comments or feedback regarding promoters and/or regarding Listings for which you have submitted, as well as comments from promoters. By providing comments/feedback, you grant us the right to publish your comments/feedback and to use your comments and feedback for the purposes of improving the use of the App.

4.3. Designating Content. As a Registered Member, you may designate Content for hosting and display on our App by uploading such content to your Account Page. Please retain copies of your Content, as we will not necessarily preserve or return materials uploaded to our App.

4.4. Your License of Rights to Major Gig. By posting Content, you grant us 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 Application (“Content License”). No compensation will be paid with respect to our use of your Content under this Content License.

You also hereby grant Major Gig a non-exclusive, worldwide, royalty-free license to use your name and logo (“Brand Features”), in connection with (i) advertising and promoting your Content and your branding generally via the App, and (ii) advertising and promoting our Application and Services (“Branding License”). No compensation will be paid by Major Gig with respect to our use of your Brand Features under this Branding License.

4.5. Your Grant of Rights to Other Members for Noncommercial Purposes. By posting Content, 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 Account Page shall not be used for commercial purposes, (ii) no Content from your Account Page shall be used outside of the Major Gig Application, for example, at a URL that does not include “Major Gig” 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 Account Page without your express permission. No compensation will be paid with respect to Members’ use of your Content under this grant.

4.6. Rights You Must Have in Your Content. When you post Content to our App, either in your Account Page or through other Services, you represent and warrant (i) that you hold all rights needed to grant requisite rights under Section 4.4 (Content License and Branding License) and Section 4.5 (Your Grant of Rights to Other Members); (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under “fair use” principles); and (iii) that each person depicted in images or identified in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms.

4.7. Use of Account Pages in Promotions. To promote and illustrate our Services and the App, therefore, we may choose to post on our Home Page, and in other areas of the App, Account Pages and other Content of our Members. We assume that Members are interested in (or do not object to) publicizing their Account Pages and related Content, and you acknowledge that we will be entitled to use these Members’ profiles and Content in connection with our advertisements and promotions for the App.

4.8. Termination of Rights; Survival. Major Gig does not claim ownership of the Content you post on your Account Page or otherwise provide through the App. The licenses granted to us and to our Members in this Section will terminate respectively at the time you completely remove the Content at issue from our App. 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 Major Gig) will continue to enjoy their rights under Section 4.4 (Content License and Branding License) and Section 4.5 (Your Grant of Rights to Members). For example, a Member may include a photograph or video from your Account Page on their Account Page to illustrate their mention of a concert that they performed with you. If you remove that Content from your Account Page, the Member may continue to use that photograph or video, though other Members who are not already using that Content may not make future use of that Content.

5. Major Gig’s Grant of Rights to You

In this Section, Major Gig gives Members the rights and privileges they will need to participate fully in the networking, booking and communications goals of our Services.

5.1. Rights to Access and Participate in Services. Subject to your compliance with these Terms, Major Gig hereby grants Members the right to access and use the Application and to participate in the Services. The Services and Application are for the personal, promotional, and other use of individual Members.

5.2. Rights to Account Pages. Major Gig grants to Members, under Major Gig’s intellectual property rights, a non-exclusive, worldwide, royalty-free, non-transferable license to use, embed their Major Gig Account Pages or provide a link to their Major Gig Account Pages.

5.3. Available Software. Any software that is made available to use from the Services (“Software”) is the copyrighted work of Major Gig and/or our suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies the Software (“License Agreement”). 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. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.

5.4. Major Gig Ownership; Reservation of Rights. By accessing the Major Gig website and/or Application, you agree to not unlawfully use any content available on this Application and to otherwise abide by all terms and conditions of use contained on this Application. If you do not agree to these terms and conditions, please refrain from accessing this Application.

In particular, and without limitation, you agree not to use the trademark MAJOR GIG in any manner other than as may be specifically permitted by MajorGig LLC (“Major Gig”). You further agree not to use any of these trademarks in any manner that disparages or discredits Major Gig. You understand that other terms, names, slogans, characters, designs, colors, and/or sounds available on this Application may be trademarks of Major Gig or their respective owners.

You further agree not to reproduce, modify, create derivative works from, transmit, distribute, transfer, display, perform, publish, and/or license any images, graphics, files, sounds, icons, text, logos, software, products, and/or services, obtained from or otherwise available on this Application unless you have obtained prior written authorization from Major Gig to do so. You agree not to integrate any content available on this Application into other Applications, for example by means of “framing.” You agree not to reproduce, modify, create derivative works from, imitate, transmit, distribute, transfer, display, perform or publish any of the content of this Application, or license or permit others to do any of the foregoing. Examples of protected arrangements of digital content including, without limitation, the formatting and/or structure of this Application, the style, number and/or visual/contextual arrangement of data-entry boxes, visual and/or contextual arrangement and/or sequence of text, images, designs, icons, proportions and/or the style of text and design, and/or specific color combinations and/or arrangements found on this Application. All content available on this Application and the arrangement thereof is the exclusive property of Major Gig, and/or it's content suppliers, and is protected by the U.S. and international copyright, trademark, and trade dress law and the contract created by the provisions of this agreement.

You agree not to use in any way and/or induce any third party to use in any way any content or business models used on or available by reference to this Application, either for your own and/or a third party’s commercial benefit and in particular not for the offering of online music or entertainment promotion services or related commercial activities, such as but not limited to, promotion or production of concerts, live musical performances of any type of live entertainment of any description.

You may use content provided on this Application as set forth in Section 5.1 (Rights to Access and Participate in Services) and Section 5.2 (Rights in Account Pages).

5.5. Requests to Use Content. Any requests for use of content from this Application may be submitted in writing via email only to the following address:

MajorGig LLC

Email: contact@majorgig.com

Please be aware that we cannot process any requests that are not submitted in writing. We reserve the right not to respond to requests for permission to use content from this Application and, to the extent that we may choose to respond to such requests, we will typically require a minimum of 48 hours from submission before responding to any such requests.

6. Code of Conduct

Our App may provide Account Pages, blogs, chat rooms, message boards, email services, and other services that allow you to interact with other App Visitors and Members (“Interactive Services”). As a condition to your use of the Application, the Services, and the Content, including the Interactive Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:

• Upload, email or otherwise transmit any images or other Content that are unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
• Submit or disseminate material that is intentionally false, defamatory, libelous, unlawfully threatening, or unlawfully harassing.
• Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Application without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
• Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
• Use the Service to artificially generate traffic or page links to a Web App or for any other purpose not expressly allowed under these Terms.
• Use the Application in a manner that could disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App, such as through sending “spam” email.
• Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means, we have not intentionally made available to you through the Application.
• Use the Services to aid in the purposes of any harassment or abuse.
• Use the Application to circumvent any state law.
• Use the Application for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Application, Services, or Content to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that Major Gig does not control – and does not necessarily endorse — the Content found in any Interactive Service. Major Gig reserves the right (but has no obligation) to remove or refuse to distribute any information on the App. When you participate in the App, you do so at your own risk, and we expressly disclaim responsibility for the content found in these Services.

If Member musician fails to abide by any provision of these Terms and the above Code of Conduct, Major Gig may, at Major Gig’s sole option, terminate a Member musician’s account immediately.  Notwithstanding the aforesaid policy, Major Gig reserves the right to terminate any Member’s membership with Major Gig at any time without prior notice.

7. Monitoring of Interactive Services; Removing Postings

We expect each user of our Application to act responsibly, and to respect the rights of others. We seek to protect the integrity and security of our computing systems, and the right to protect our community of Members from claims of intellectual property infringement and other claims or threats, such as those detailed in our Code of Conduct. Toward these ends, we reserve the right in our discretion (i) to monitor your use of the Application, your profile, and email and other Content transmitted through the App, (ii) to restrict or foreclose access from certain Internet Apps or other resources, and (iii) to take other actions we deem necessary to protect our community of users and our resources. Due to this monitoring, you cannot expect that communications through our Application will remain “private” or otherwise free of our review. Please refer to our Privacy Policy for a precise statement concerning your expectations of privacy.

7.1. Filters; Blocking and Removal of Content. We have no – and assume no — obligation to monitor activities on our Application, please understand that we may employ filters designed to detect and block the transmission of messages that contain sexually explicit or otherwise inappropriate language. We reserve the right to edit, to refuse to post, or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. For more information on copyright violations, please review our DMCA Policy.

7.2. Reports and Complaints. If you believe that a Registered Member or other user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the App or by contacting us in accordance with Section 26 (Contact Us). If we are notified by a Registered Member or App Visitor that he or she believes Content at the App does not comply with our Code of Conduct, 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.  For more information on copyright violations, please review our DMCA Policy.

7.3. Revocation or Suspension of Use Privileges. We reserve the right at any time to terminate or suspend your access to some or all of the Interactive Services or the Application if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.

Users should also understand that our Code of Conduct is based in many instances on principles of state and federal law. Users who violate our Code of Conduct accordingly may be exposed under these state and federal laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Major Gig reserves the right at all times to disclose the information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy. For more information on copyright violations, please review our DMCA Policy.

7.4. Member Disputes. You are solely responsible for your interaction with other Major Gig App Visitors and Members, both online and offline. We may monitor disputes between you and other Members, but we have no obligation to become involved. If you have a dispute with one or more Members, you release Major Gig (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

8. Privacy and Your Disclosure of Information in Interactive Areas

We value your privacy and the privacy of all our users. Please review our Privacy Policy for information on how we collect, use, and protect your personally identifiable information. These protections, however, do not apply to information you choose to disclose to other Members in our Interactive Areas. Although Members are bound, under our Code of Conduct, to refrain from disseminating information from our Application and its Interactive Areas without permission, we cannot assure you that this will be the case. Therefore, you should disclose personally identifiable information advisedly. Please review our Privacy Policy for more information.

9. Advertisers; Links.

We allow certain companies and advertisers to place ads and information on our App, and to maintain profiles on our App (“Advertisers”). Although we have 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 Major Gig 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 App.

The Application may also contain links or produce search results that reference links to third party Applications (collectively “Linked Apps”). Major Gig has no control over these Linked Apps or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Apps. Major Gig does not endorse the content of any Linked App, nor does Major Gig warrant that a Linked App will be free of computer viruses or other harmful code that can impact your computer or other Web-access devices. By using the Application to search for or link to another App, you agree and understand that such use is at your own risk.

10. Discounts and Special Offers.

Any third-party discounts or special offers offered, posted, linked, advertised, or otherwise found on our App are solely between the offeree of such discount or special offer and the Member who chooses to participate or pursue such a discount or special offer. Major Gig has no control, duty, or obligation regarding such discounts or special offers.

11. Subscriptions and Sales Finality

11.1. Payment System.  Major Gig will act as an intermediary between Member musicians and Member promoters/venues for purposes of payment for Booking.  The Services provide a platform for the Member promoters/venues to pay Member musicians for their musical services.  Major Gig accepts payments via credit card.  Major Gig uses Braintree, a division of PayPal, Inc. (“Braintree”) for payment processing services. By using the Braintree payment processing services, You agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.  By signing up for a Service and providing a payment method or account transfer information, You authorize Major Gig to charge You a fee or credit You, as the context requires, for such Service at the then-current rate.  Major Gig will not store any credit card payment information on Major Gig servers.  Specifics of a given payment will depend on the type of Member involved, as follows:

1. The Member who is booking the Member musician shall pay the entire sum due and owing to the Member musician in one single installment once the Member musician has rendered performance.

 

2. Members other than venue owners or agents of the same which book musician services through the Major Gig platform (“Party Planners”), shall pay twenty percent (20%) of the booking price to complete the Booking process.  Party planners shall pay an additional ten percent (10%) of the total Booking price as a processing fee payable to Major Gig to complete the Booking.

 

3. PAYMENTS ARE MADE AFTER SERVICES ARE RENDERED, AND ONCE A TRANSFER BEGINS, THE COMPANY IS NOT RESPONSIBLE FOR FACILITATING ANY REFUND.

 

4. Musicians may be required to provide certain identifying and banking information in order to ensure payments are processed.  Such information will be treated by Major Gig in accordance with Our Privacy Policy and these Terms.

11.2. Subscriptions.  All subscription purchases are final and renew automatically based on the terms of your selected package. Because of the nature of subscriptions, refunds are typically issued only for duplicate subscriptions. If you feel a charge has been incurred erroneously, please contact Major Gig at contact@majorgig.com within three (3) days of the charge. Unless you notify Major Gig of any discrepancies or unauthorized charges within three (3) days after they first appear on your payment statement, they will be deemed accepted by you and you release Major Gig from all liabilities and claims of loss resulting from any such error or discrepancy. Refunds are issued for subscriptions at the sole discretion of Major Gig.

11.3. Sales Final.   All sales transacted through the Major Gig Application are final.

12. Technical Restrictions; Remedies      

Please keep in mind that, you must respect and comply with our specified file size, bandwidth, and storage limitations for the Content you submit and the profile you create. If we determine, in our discretion, that it is necessary, we will disable or take other related action concerning accounts that in our view are using excessive bandwidth or other system resources. In addition, we reserve the right, if we find it necessary (in our discretion), to delete or change a Member’s username and/or URL address, and reserve the right to restrict the number of messages which a Member sends to other Members in any 24-hour period, if we believe, in our discretion, that the volume of the message is too large.

While accessing the App, you may not (i) access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the App by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Major Gig (and only under those terms and conditions), unless You have been allowed to do so in a separate agreement with Major Gig; (iv) forge any TCP/IP packet header or any part of any part of the header information in any email or posting, or use the App to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the App, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the App; (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by Major Gig to access the App or to extract data; or (vii) reverse engineer any aspect of the App or do anything that might discover source code or bypass or circumvent measures employment to prevent or limit access to any area, content or code of the App or website.

13. Warranty Disclaimer

Major Gig does not promise that the Application will be error-free or uninterrupted, or that the App will provide specific results from your use of any content, search, or link on it. The App and all Services and Content within them are delivered on an “AS IS” and “AS AVAILABLE” basis. Major Gig does not warrant or represent that materials you download from the Major Gig Apps will be free of viruses or other harmful features.

MAJOR GIG DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE APPLICATION OR IN ACCOUNT PAGES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE APP, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE MAJOR GIG APPS AND RELATED SERVICES IS AT YOUR SOLE RISK.

Please consider maintaining back-up copies of the Content or Professional Content you post on your profile.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL MAJOR GIG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE MAJOR GIG APP, THE SERVICES, OR THE CONTENT.

You agree that injunctive relief shall provide you with a good and sufficient remedy for any complaints against Major Gig arising out of its Services and agree that you will not subsequently claim that such remedy or the remedy and damages limitations provisions of these Terms have “failed of their essential purpose.”

Our Members may decide to engage in offline activities together, perhaps due to the relationships they have developed online. You agree to release and hold Major Gig 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.

15. Live Performances

Members shall comply fully with any and all local, state, and federal laws, regulations, rules, constitutional provisions, common laws, and rights of others applicable to the reproduction or performance of proprietary or copyrighted materials and works of third parties, and to the protection of the intellectual property rights associated with such works. 

The booking Member shall ensure Member musician fully complies with all licenses booking Member has entered into with any performing rights organizations (PROs), other copyright owners, and/or other licensors. 

Major Gig represents and warrants it does not exercise control over the musical performances of any Member musician.

Member musician shall conduct himself/herself/itself according to the rules and standards set by the booking Member and MajorGig’s Code of Conduct.  If Member musician fails to abide by the booking Member’s rules and standards or requests to correct indecent behavior or Major Gig’s Code of Conduct, Major Gig may, at MajorGigs sole option, terminate a Member musicians' account immediately. 

Notwithstanding the aforesaid policy, Major Gig reserves the right to terminate any Member’s membership with Major Gig at any time without prior notice.

You, Member musician, and/or booking Member shall indemnify, defend, protect, and hold harmless Major Gig from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to the use of proprietary materials or intellectual property of third parties (whether such claims are actual or threatened) under copyright law or other local, state, and federal laws.  The foregoing indemnity shall apply regardless of the means of publication or performance by You, and shall include specific and without limitation, the use of live performances, recordings, audio broadcasts, video broadcasts, streaming service, Works on other magnetic media, sounds or images transmitted via the worldwide web, webcast, or on-line service providers, satellite or cable, and all other publication or performance mean whatsoever, whether now known or developed after the date of this Terms of Service.

16. Indemnity

You agree to defend, indemnify, and hold Major Gig and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.

17. Contact for Alleged Copyright Infringement

Major Gig respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Major Gig App or other activity taking place on the App constitutes an infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

https://majorgig.com/dmca-policy

MajorGig LLC

65 Pine Ave #903

Long Beach, CA 90802

Attention: Tony Burrus

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA. For more information on copyright violations, please review our DMCA Policy.

18. Additional Terms for Certain Services or Apps

We may offer certain Major Gig Applications or Services that are subject to additional or different terms and conditions. We will notify you if the App or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Apps or services if you do not agree with the differing terms and conditions.

19. Modifications to these Terms

We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Application. Please feel free to print out a copy of these Terms for your records.

20. Assignment

These Terms of Service shall not be assignable by you, either in whole or in part. Major Gig reserves the right to assign its rights and obligations under these Terms.

21. Our Affiliates

We may choose to rely on and share information with companies closely related to us – our “Affiliates” — for certain purposes under these Terms. By “Affiliate,” we mean an entity that controls, is controlled by, or is under common control with Major Gig, whether the control results from equity ownership, contract, overlapping management or otherwise. In this context, “control” means the ability to replace the officers or directors or otherwise materially influence or control management decisions. You agree that Major Gig Affiliates will be entitled to enjoy our rights under these Terms, and, in exchange, we agree that we will be responsible for our Affiliate’s conduct under these Terms if our Affiliate fails to comply with any resulting obligations.

22. Miscellaneous

These Terms shall be governed in all respects by the laws of the State of Maryland without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Maryland. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Major Gig’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Major Gig and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

23. Duration of Rights

You will continue to enjoy your rights and to owe obligations under these Terms until (i) you cease your use of the Services, or (ii) your password is revoked or suspended for misconduct, as set out in Section 7.3 (Revocation or Suspension of Use Privileges).

24. Duration of Terms; Survival

The following provisions shall survive the termination of these Terms and shall apply indefinitely:

Section 4.9 (Termination of Rights; Survival)

Section 5.4 (Major Gig Ownership; Reservation of Rights)

Section 13 (Warranty Disclaimer)

Section 14 (Limitation of Liability)

Section 16 (Indemnity)

Section 20 (Assignment)

Section 22 (Miscellaneous)

Section 24 (Duration of Terms; Survival)

25. Relationship to Privacy Policy and Other Contracts

These Terms must be read in conjunction (i) with other agreements into which you may enter concerning our App; (ii) with our Privacy Policy; and/or (iii) our Mobile Application End User License Agreement. The provisions of our Privacy Policy are incorporated herein. To the extent, these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Similarly, to the extent, these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control.

26. Contact Us

If you have any questions about these Terms, the practices of this App, or your dealings with this Application, please contact us at:

MajorGig LLC

65 Pine Ave #903

Long Beach, CA 90802

Attention: Tony Burrus

contact@majorgig.com

27. Effective Date

The effective date of these Terms is January 3rd, 2021.