Terms of Use (Merchants, Musicians and Talents)

The Terms of Use stated herein constitute a legal agreement between you and Gig Entertainment (the “Company”). Please read these Terms of Use ("Terms", "Terms and Use") carefully before using the Gig2U application (the "Service"). Gig2U and its Services are provided by Gig Entertainment. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use and all the conditions stated herein. If you do not agree to or fall within the Terms of Use and wish to discontinue using the Service, please do not continue using this Application or Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.


Subscriptions / Accounts

Most of the Services are offered free. However do note that some parts of the Service are offered on a subscription basis only. At the moment the Service is provided to Musicians and Talents free of charge. To subscribe, a User needs to have a valid Facebook account.

 

When you subscribe to our Service and / or create an account with us, you must ensure that the information provided to us is accurate, complete, and current at all times. Failure to do so constitutes a material breach of the Terms of Use, which may result in immediate termination of your account on our Service.

 

You would require a valid Facebook account before you can subscribe to the Service and / or create and account on Gig2U. You are responsible for safeguarding the password that you use to access the Service (including your Facebook login details) or any third-party service.

 

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the legality, reliability and truthfulness of the Content that you post to the Service, and warrant that you have the right to share or post the Content in the first place.

 

By posting Content to the Service, you grant to Gig Entertainment a non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. All intellectual properties rights to any Content you submit shall remain with you.

 

You agree that this license includes the right for us to make your Content available to other Users / Members of the Service, including Merchant Members, who may also use your Content subject to these Terms of Use.

 

For Musicians and Talents, you represent and warrant that:

 

(i) you are the copyright owner of the Content, or the Content is copyright free and / or you have the right to use it and grant us the rights and license as provided in these Terms of Use;

(ii) the posting of any Content on or through the Service does not violate the rights or any third parties;

(iii) all information posted and shared through Gig2U (whether between Users / Members or between Users / Members and Merchants) are accurate and true, including description of your relevant experience, expertise and abilities.

(iv) you will honour all engagements taken up and confirmed through the Service and shall be solely responsible in the event the engagement could not be fulfilled for any reason whatsoever, and that you agree to indemnify Gig2U and Gig Entertainment from any losses to third parties (including Merchants) arising from failure to complete any engagement.

(v) you possess all necessary equipment to complete any assignment advertised. For example, as a guitarist, you are required to own you own guitar and bring the same to the venue on the day of engagement, unless the contrary is expressly stated to be provided by the Merchant or venue

(vi) you have your own transport and/ or you are able to travel to the venue of engagement at your own costs. Merchants are not responsible to reimburse your travel costs unless the same is expressly stated otherwise in the advertisement posted through the Service.

 

For Merchants, you represent and warrant that:

 

(i) your offers made through the Service are genuine and that you will honour all offers made through your advertisement for gigs or talents.

(ii) you will only access, view or use the Content or personal information posted by other Users / Members on the Gig2U Service / application for purposes of evaluating the Musicians or Talents with a view of deciding whether to engage the Musician or Talent, and shall not use the Content or any other personal information posted by other Users / Members for any other purposes without prior consent or approval from the Users / Members.

(iii) if applicable, you will immediately settle all payment and outstanding amounts within 5 of completion of engagement, failing which your subscription may be discontinued [without prejudice to Gig2U and other Users’/ Members’ rights for the payment originally due].

 

 

 

 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person. If we receive a complaint that any Content posted by you violates or infringes third party rights, we will forward the complaint to you for you to respond. If the complaint turns out to be true, your Content may be removed from the application / Service.

 

If you suspect that any Content posted on the Gig2U application infringes your intellectual property rights, you may submit a written notice of complaint to info@gig2u.com.my and include in your notice a detailed description of the alleged act(s) of infringement. Gig2U will then issue a notice to the person who posted the Content for a response to your claims. If it is proven that the Content posted infringes your intellectual property rights, Gig2U shall take immediate steps to remove the said infringing Content. However, in the event of a baseless complaint against a third party or in the event of any misrepresentation made vide the complaint notice, you may be held accountable for damages (including legal costs) to Gig Entertainment and / or third parties.

 

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Gig Entertainment and its licensors. The Service is protected by copyright, trademark, and other laws of both the Malaysia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gig Entertainment

Termination

Gig2U reserves the right to terminate your subscription / account at its sole discretion, including but not limited to acts in breach of the Terms of Use. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

Limitation of Liability

In no event shall Gig Entertainment, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Internet Delays

THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Any failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes will be notified to all registered Users / Members via instant messaging within the application. The latest version of the Terms shall always be displayed on the application. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Contact Us

If you have any questions about these Terms, please contact us at info@gig2u.com.my