Rights Holder Terms

Please read these Terms of Use for Trademark Dispute System (these “System Terms of Use”) carefully prior to using the GigSalad Trademark Dispute System (the “TM Dispute System” or the “System”). By using or otherwise accessing the TM Dispute System, you (“you,” “your,” or “IP Rights Holder” (as defined below)) are acknowledging that: (a) you have read and understood these System Terms of Use, and (b) you unconditionally agree to comply with, and be legally bound by, these System Terms of Use as they exist on the date of each such use or access. If you disagree with any of these System Terms of Use in any way, please immediately refrain from all use of the TM Dispute System. If you have any questions or need any clarifications regarding these System Terms of Use, please contact us before using the TM Dispute System. Please note that these System Terms of Use were written in English; to the extent any translated version of these System Terms of Use conflicts with the English version, this English version published by GigSalad controls.

The Gig Bureau, LLC d/b/a GigSalad, a Delaware limited liability company, together with its affiliates, successors, and assigns (“GigSalad,” “we,” “us,” or “our”) provides the www.gigsalad.com website (the “Site”) and the GigSalad mobile software application (the “App”) to provide online booking services and promotional tools for performers, event-related service providers, musicians, agents, consumers, talent promoters, event planners, and entertainment sellers and buyers of all types (use of the Site, including all sub-domains thereof, and our downloadable App, as well as our related products and services, collectively, the “Services”).

GigSalad respects intellectual property rights (“IP Rights”), and will remove content and material that, in our discretion, infringes the IP Rights of others, and will terminate registered users, and deny access to others who, in our discretion, infringe the IP Rights of others. GigSalad has established the TM Dispute System to assist certain intellectual property rights holders (each, a “Rights Holder”) in protecting IP Rights.

1. The TM Dispute System. The TM Dispute System enables an IP Rights Holder to submit to GigSalad claims of perceived infringement (“Complaints”) by users of the System of rights relative to trademarks, service marks, and certification marks that have been registered in the United States and/or Canada (“Registered Marks”). Prior to using the TM Dispute System, you must register to use the System and verify your Registered Marks with us. In doing so, you agree to provide us with accurate, complete, and updated information as required by the TM Dispute System registration process. All such information provided to us by you in connection with registering to use the TM Dispute System will be maintained and protected by us in accordance these System Terms of Use and with the terms of our Privacy Policy.

If you believe a GigSalad user or any content within GigSalad’s Services violates your IP Rights relative to Registered Marks, you may choose to use the System in accordance with its procedures and requirements to communicate your Complaint to GigSalad and to the user of the Services you believe is responsible for the perceived infringement.

If you believe that a GigSalad user or any content within GigSalad’s Services violates any other IP Rights, you may submit to us a formal notification of such perceived infringement outside of the TM Dispute System, in accordance with the procedures and requirements set forth in Sections 25 (trademarks) and 26 (copyright interests) of GigSalad’s Terms of Use for GigSalad Services (the “General Terms”), as applicable. You may also opt to use the foregoing processes to submit to us notifications of perceived infringement of Registered Marks, instead of using the TM Dispute System.

2. Use of the TM Dispute System. If you choose to use the TM Dispute System, your use of the System will at all times be governed by the provisions of these System Terms of Use, as well as our General Terms and our Privacy Policy, both of which are incorporated herein by reference. To the extent that these System Terms of Use conflict with the General Terms or the Privacy Policy, these System Terms of Use control.

Specifically, and without limitation, at all times when using or accessing the TM Dispute System:

1. You understand, acknowledge, and agree that the TM Dispute System is to be used only in connection with claims of perceived infringement of rights relative to your Registered Marks that have been verified to and by GigSalad (in GigSalad’s discretion), and you will comply with all instructions, procedures, and requirements for verification of Registered Marks and use of the TM Dispute System as provided to you by GigSalad.
2. You acknowledge and agree that you will only submit a Complaint if you believe (i) in good faith that any allegedly infringing material complained of in a Complaint is unauthorized by the material’s IP Rights Holder, its agent, or the law, and (ii) that the information contained in the completed Complaint form is accurate in all respects.
3. You acknowledge and agree that GigSalad has the right(s) to review your Complaint and all accompanying information submitted therewith and to determine, in its sole discretion, whether more information is needed to evaluate your Complaint; and you agree to respond within three (3) business days to any such request for more information or any other inquiry from GigSalad.
4. You authorize GigSalad, in connection with the processing your Complaint, to use as we see fit, any and all information submitted by you that is related in any manner to your use of the TM Dispute System, including, but not limited to, in notifying the alleged infringer of your Complaint.
5. You are solely responsible for the content or information you submit through the TM Dispute System or transmit to users of the Services, as well as for your interactions with GigSalad users. GigSalad reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and any user.
6. You will not submit through the TM Dispute System or transmit to users of the Services or GigSalad employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, IP Rights, and rights of privacy and publicity).
7. You will use the TM Dispute System in a manner consistent with any and all applicable laws and regulations.
8. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.

GigSalad 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 System Terms of Use. Failure to comply with any provision of these System Terms of Use may result in immediate suspension or termination of your right to use the TM Dispute System.

3. IP Rights Holder’s Representations and Warranties. By using the System, you represent and warrant that (i) you have all necessary rights and authority to enter into these System Terms of Use, to perform your obligations, and to grant the rights, licenses, and authorizations described in these System Terms of Use; (ii) if you access or use the TM Dispute System on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these System Terms of Use and that they are fully binding on them; and (iii) you and your affiliates, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners will comply with all applicable laws and GigSalad in connection with or related to your use of the TM Dispute System.

4. DISCLAIMERS. You use the TM Dispute System at your own risk. GigSalad is under no obligation to take any action in connection with your use of the TM Dispute System, including content or other materials that you make available. To the maximum extent permitted under applicable law, GigSalad disclaims all warranties of any kind, whether express, implied, or statutory. The TM Dispute System, including any of its capabilities and functionalities, and all data and information featured in the TM Dispute System, is provided strictly “AS-IS” and without any warranties of any kind, either express or implied, including without limitation warranties of non-infringement, title, accuracy, truth, availability, reliability, completeness, currency, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) whether a user of the TM Dispute System or the Services posts or transmits any material that infringes or violates another party’s rights (including but not limited to, such party’s IP Rights); and (ii) compliance with local, state and federal laws by you or any other user of the TM Dispute System or the Services. Further, by providing the System we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility for, proactively monitoring or policing the activities of users of the TM Dispute System and the Services with respect to their compliance or non-compliance with laws relating to IP rights and whether any user transmits or posts any material that infringes or violates another party’s IP Rights. We make no representation that the information in the TM Dispute System is appropriate or available for use in locations outside the United States and Canada, and access to the TM Dispute System from locations where the provision of such information may be illegal is prohibited. Users who determine to access the TM Dispute System from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.

5. LIMITATION OF LIABILITY. To the maximum extent allowed by applicable law, neither GigSalad nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the TM Dispute System shall be liable for any damages of any kind, including but not limited to any loss of data, or any direct, incidental, consequential, special, indirect, exemplary, reliance (including loss of profits or cost of cover), or punitive damages (whether arising in tort, negligence, statute, breach of contract, or any other civil liability), arising out of your, or any other party’s access to or use of the TM Dispute System. Your sole remedy as a result of any breach or alleged breach by us of these System Terms of Use is limited to your ability to discontinue use of the TM Dispute System.

6. Modification of these System Terms of Use and the TM Dispute System. Without limitation to all other rights enjoyed by GigSalad, we expressly reserve the right, at any time and without notice to you, to modify these System Terms of Use. Any such modifications of these System Terms of Use will apply prospectively, from the date the modifications are made, as designated by the “Last Revised” date depicted above. You will be given notice of each modification by: (a) the updating of the “Last Revised” date, above, and (b) an email sent to you by us at the address you provide when registering for the TM Dispute System. As such, please check the “Last Revised” date prior to each use of the TM Dispute System by you, as you will be bound by these Term and Conditions as they exist on the date of each such use. Further, we expressly reserve the right, at any time and without notice to you, to modify the TM Dispute System, including eliminating or discontinuing any content on or feature of the System, and/or adding new features, improvements, categories, business models, or offerings.

7. Disclosures About You by GigSalad. Without limiting any of the foregoing, you agree that GigSalad may use or disclose information about you and your use of the TM Dispute System (including, but not limited, the substance of your Complaint and your contact information) in accordance with these System Terms of Use, the General Terms, and the Privacy Policy. With respect to any information relating to users of the Services to which you may be permitted access through the TM Dispute System, you agree that you may use such information only in connection with activities related to the purpose of the TM Dispute System.

8. Indemnification. By using the TM Dispute System, you agree to indemnify, defend, save and hold harmless GigSalad, and its members, managers, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners (collectively, our “Related Parties”) against any loss, claims, judgments, damage, demands, cost, or expenses (including reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use (whether authorized or unauthorized) of the TM Dispute System and all activities that occur in connection therewith; (ii) any breach or violation by you of these System Terms of Use; (iii) any breach or violation by you of any representation or warranty made herein; (iv) your violation of any applicable law or rights of any third party in connection with or related to your use of the TM Dispute System; (v) GigSalad’s reliance on your representations; and/or (vi) your negligence or misconduct arising out of or related to your use of the TM Dispute System. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 8. We will promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof.

9. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GigSalad as a result of these System Terms of Use or your use of the TM Dispute System.

10. WAIVER AND RELEASE. By using the TM Dispute System, you hereby waive any and all rights of recovery, under any theory of law, that you may have against GigSalad and its parents, subsidiaries and affiliates, and you release each of the foregoing from any and all liability, claims, causes of action, or demands, arising out of or on account of (i) your use of the TM Dispute System, (ii) the provision of the TM Dispute System by GigSalad, or (iii) the provision of Services to any user thereof you allege to have violated your IP Rights. You acknowledge that the foregoing waiver and release covenants are material terms in GigSalad’s decision to make the System available to you. If you are unwilling to agree to such covenants, you may utilize Sections 25 and 26 of the General Terms to notify us of perceived violations of your IP Rights, but you may not use the TM Dispute System.

11. Dispute Resolution. Any dispute or claim relating to these System Terms of Use or use of the TM Dispute System shall be governed by the Applicable Law, Exclusive Jurisdiction and Venue, and Enforcement Costs sections of the General Terms as if it were based on conduct prohibited in Section 6 thereof.

12. MISCELLANEOUS.

1. Severability. Invalidation of any provision of these System Terms of Use shall not impair or affect in any manner the validity and enforceability of the remaining portions, which in such event shall remain in full force and effect as if such invalid provision had never been included herein.
2. Captions. The captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of these System Terms of Use.
3. Notice to California Users. Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.