Terms and Conditions for gigmit.com

Updated July 2014

The following terms and conditions apply to all services offered on the internet portal www.gigmit.com (“gigmit.com” or “the Portal”). gigmit.com is an internet marketplace for creatives (artists) and event organisers (promoters), especially in the live music industry. Artists and promoters can present themselves on the Portal and conclude and administer contracts concerning specific performances (guest performance contracts). In doing so, they communicate and publish different data and information on gigmit.com. gigmit plays the role of a technical assistant by providing its users with the Portal and its relevant features. By registering with gigmit, the user (henceforth referred to as “the User”) agrees to the following general terms and conditions (henceforth referred to as "the Terms and Conditions”). Registration with gigmit creates a valid contract between the User and GET a GIG GmbH (henceforth known as “gigmit” or “we/us”), residing at Urbanstraße 116, 10967 Berlin.

1. Scope, Definitions

  1. 1.1. These Terms and Conditions apply to all users of gigmit.com. Diverging and additional terms shall only be applicable if they are in written form and have been signed by the User and gigmit. The Terms and Conditions apply equally to all services provided by gigmit, whether these are free of charge or available at a cost.
  2. 1.2. gigmit reserves the right to amend the present Terms and Conditions at any time and without stating reasons. The amended Terms and Conditions shall be sent to the User beforehand by email. Should the User not contest the amended Terms and Conditions within six weeks, the new Terms and Conditions are deemed to have been accepted. Should the User contest the new Terms and Conditions, gigmit may suspend the User’s account. gigmit shall specifically inform the User of this legal consequence in the email containing the amended Terms and Conditions.
  3. 1.3. For the purposes of these Terms and Conditions, the following definitions shall apply:
    1. a. “User” shall mean any natural or legal person, as well as any association of persons registering with gigmit;
    2. b. The User’s “Registration” shall be complete upon the creation of a login-account and one or more profiles;
    3. c. The “Login Account” is the User’s means of access to the Portal. It is created when a natural person registers on www.gigmit.com;
    4. d. “Profiles” identify the Users of the Portal as artists or promoters. They are created and managed by the Administrator;
    5. e. “Administrator” shall refer to any User who has created a login account and set up a profile, either in their own name as a natural person or as an authorized representative of an association of persons (e.g. GbR, GmbH & Co. KG) or a legal person (UG, GmbH, AG). The Administrator may create more than one profile and can operate within the framework of these profiles on behalf of the respective Users. The Administrator may modify the profile at any time and can conclude contracts for the said Users.
    6. f. “Artist Page”, “Promoter Page” or “Microsite” shall mean the portrayal of the Users’ profiles on the Portal.
    7. g. “Procurement” is successfully completed when a non-binding offer made by a promoter is confirmed OR when a binding contractual offer is made and confirmed.

2. Registration (Login account, creation of profiles)

  1. 2.1. Registering as a User on gigmit.com requires the creation of a login account by signing up as a natural person and accepting the present Terms and Conditions. Persons over the age of 14 but under the age of 18 must obtain permission from their legal guardians. Persons under 14 years of age are prohibited from using the Portal. Personal information required for the User’s login is stored in an account where it is accessible to the User at any time. It is not made public on the Portal.
  2. 2.2. The User is entitled to create a profile under his/her own name. He/she is also the Administrator of this profile.
  3. 2.3. In accordance with the following provisions, the User may also create profiles under the names of third parties or attribute a profile to them:
    1. a. Creation of profiles by an Administrator using third party names: Users over 18 years of age can create an unlimited number of profiles. Should the User register, as an Administrator, associations of persons (e.g. GbR) or legal persons (e.g. UG or GmbH), he/she ensures gigmit that he/she is authorised to represent the said associations or legal persons. The creation of profiles is only completed after gigmit has confirmed the conclusion of the User Contract.
    2. b. Allocation of profiles by the Administrator: Users can be attributed profiles. This may be done if the Administrator adds a User to a profile, or if the User sends a request to the Administrator. The Administrator of a profile can determine the nature and extent of the User’s rights.

3. Conclusion and Termination of the Contract

  1. 3.1. After the creation of the login account or profile, gigmit shall confirm the conclusion of the contract by sending an email to the email address submitted. The contract concerning the use of the Portal (“User Contract”) shall only enter into effect upon the sending of the confirmation email. The User waives his/her right to a declaration of acceptance in accordance with §151 BGB (German Civil Code). The prior login, as well as the creation of a profile by the User, constitute merely an offer to conclude a User Contract. Gigmit reserves the right to accept or refuse that offer. The Users do not have a legal right to the conclusion of a User Contract.
  2. 3.2. The termination of a login account may be requested by the User and the termination of a profile may be requested by the Administrator. The simultaneous termination of a login account with one or more profiles is only possible when the User of that login account is also the Administrator of the profile(s).
  3. 3.3. The User or gigmit may terminate free profiles or login accounts with free profiles at any time and without stating reasons. Premium profiles or login accounts that have been assigned at least one premium profile may only be terminated by the parties with a notice period of two weeks prior to the end of the contractual term in question. Should the User not terminate a premium profile within the contractual term, the Contract shall be renewed automatically for the contractual term agreed upon.
  4. 3.4. gigmit reserves the right to terminate any login account and/or profile without notice, in particular if these violate the present Terms and Conditions or other legal provisions. The right to extraordinary termination remains unaffected for both parties.
  5. 3.5. Insofar as this is not possible on the Portal, termination occurs via a notification by the User/Administrator, sent from the e-mail address he/she has submitted to support@gigmit.com. Cancellation of the login account/profile results in the termination of the User Contract. gigmit can obtain the termination of the User Contract by addressing an email to the email address submitted by the User.

4. Free and Premium services; Methods of payment

  1. 4.1. Registration on the Portal, as well as the use thereof is free of charge (henceforth known as a “Basic Contract”). This however limits the functions of the Portal.
  2. 4.2. A monthly fee shall be charged as soon as a User changes his/her profile into a premium profile (“Premium Contract”). The amount of monthly fees for a Premium Contract depends on the latter’s content and duration and can be determined from the price list available on the website at the time. A premium profile allows the unlimited use of all available features, as well as the use of any new features on the Portal.
  3. 4.3. Promotional offers, special offers or other restricted or temporary offers made by gigmit are governed by their respective terms and conditions, especially as far as the amount of commission, duration and/or monthly fees are concerned. The aforementioned offers shall be clearly identified as such.
  4. 4.4. All monthly fees for Premium Contracts shall be due at the beginning of each month, unless otherwise agreed upon. The debtor of the aforementioned charges is always the current User of the profile in question.
  5. 4.5. Payments can me made using the payment methods available on gigmit, in particular by bank transfer, PayPal or credit card. Gigmit reserves the right to modify or expand the existing payment methods.
  6. 4.6. Invoices are sent electronically; no invoices shall be sent in paper form. All invoices shall either be addressed to the User by email or made available in the User account on the Portal, where they may be accessed at all times. Should the invoices be made available online, the User shall receive an initial email following the conclusion of the contract. The User shall not be notified by email of any subsequent invoices.
  7. 4.7. In case of payment by direct debit, the User shall ensure that the bank account information specified is correct, that he/she has access to the bank account in question and that, at the moment the charges are made, there are sufficient funds in the said bank account to cover them. The User shall be charged with all costs incurred due to unsuccessful direct debiting, in particular any return debit and penalty fees. This does not apply if gigmit is responsible for the failed transaction. Payments between the User and gigmit shall be handled by the service provider Stripe Payments Europe Ltd. (“Stripe”), (www.stripe.com), or by gigmit directly. All information required for the handling of payments shall be used by Stripe and gigmit exclusively to that effect and transmitted securely using the “SSL” process. Stripe is PCI DSS certified.

5. Profiles and Microsites, Artist Pages, Promoter Pages

  1. 5.1 Profile content is composed of required and optional information supplied by the User. This information shall be requested upon creation of the profile and may be edited at a later time. Information marked by an asterisk is required. The Profile contains all of the User's essential information. These data are not visible to third parties within or outside of the Portal. They serve a variety of purposes, and help in particular to ensure the optimal user interface on the Portal. Gigmit assumes no responsibility for the real identity of a given Profile, since it has no control over the profiles’ content.
  2. 5.2 The User may create and configure his/her own presence on the Portal (Microsite, Artist Page or Promoter Page). For this purpose, certain data shall be obtained from the Profile, such as the name of the Administrator authorized by the User. Users may also add and configure their own content and additional information. The Administrator of a Profile can decide whether the Microsite, Artist Page or Promoter Page shall be available only within the Portal or also publicly accessible to non-registered persons. The Microsite, Artist Page and Promoter Page serve as an Electronic Press Kit (“EPK”) and facilitate, in this respect, the fast, clear and comprehensive representation of the User in business transactions.

6. Creation of Events, Applications, Guest Performance Contracts

  1. 6.1. The Users specify the time and content of specific events they create within a profile. They then connect with other Users by publicising their events on the Portal and by sending and or receiving applications accordingly. This may only be done by the Administrator of a profile. The information transmitted in the application and the information visible on the Microsite enable a suitable candidate/applicant to be found rapidly.
  2. 6.2. The Procurement of a non-binding offer for the advertised event takes place electronically, through mutual acceptance (click) by both parties, using a specific field (button) dedicated for that purpose. The conclusion of the contract for the advertised event takes place electronically, through mutual acceptance (click) by both parties, using a specific field (button) designed for that purpose. As a general rule, the button shall be labelled “Send offer” and “Accept offer” respectively. Before the submission of the contract proposal, the User shall be shown an overview of all agreed-upon conditions and the total costs.
  3. 6.3. The procurement of a binding contract for the advertised event takes place electronically through mutual acceptance (click) by both parties using a specific field (button) designed for that purpose. As a general rule, the button shall be labelled “Send contract proposal” and “Accept contract proposal” respectively. Before the submission of the contract proposal, the User shall be shown an overview of all agreed-upon conditions and the total costs.
  4. 6.4. gigmit shall have no part in the initiation of these agreements, whether as an intermediary or a consultant. gigmit is not a party to these agreements, nor does it host or promote any events or participate in the execution of the said agreements.
  5. 6.5. The conclusion of a contract between Users takes place with the aid of contractual elements provided by gigmit. These contractual building blocks can be selected, and thereby activated, by the Users at any time. It is expressly noted that gigmit assumes no responsibility for the completeness, accuracy, or for any legal consequences of these elements. Their purpose is to direct the User’s attention to possible appropriate contractual content and they are in no way a substitute for professional legal advice. The Users may agree upon further provisions and modifications using the free text fields available for that purpose, in particular under the point “Other agreements”, as well as outside the Portal.

7. General Obligations

  1. 7.1. The User is under the obligation to provide truthful and complete information, in particular concerning his/her being of legal age and the identity corresponding to a profile.
  2. 7.2. The User must keep his/her login information secret. He/She is under an obligation to notify gigmit as soon as he/she becomes aware that unauthorized third parties have or have had access to this login information. This shall also apply in the event of any other case of misuse.
  3. 7.3. Whilst using the Portal, the User shall not perform any unlawful acts. In particular, he/she shall not:
    1. a. save, publish and/or transmit any content (statements, information, images, other data) or external links that violate the rights of third persons, or that are illegal, indecent, of a harassing nature, libelous, obscene or otherwise inappropriately pornographic, or that glorify violence, or are harmful to minors, racist or discriminatory;
    2. b. collect, copy, diffuse or in other ways use content or data submitted by other Users of the platform without obtaining their prior consent;
    3. c. harass, threaten, insult, slander, discriminate on the basis of sex, race, religion or convictions, or make or propagate false claims;
    4. d. upload links to third party websites that violate the present Terms and Conditions or other legal provisions;
    5. e. pass their login information to unauthorised third parties;
    6. f. use the Portal for prohibited advertisements or marketing purposes.

8. Responsibility

  1. The User shall be responsible for all activity associated with his/her login account or profile. Should the User be to blame for the improper use of his/ her login account/profile, the User shall be liable for any damages incurred. The User uses the Portal at his/her own risk. This applies especially to the downloading or other use of content obtained on the Portal, in pThe User shall be responsible for all activity associated with his/her login account or profile. Should the User be to blame for the improper use of his/ her login account/profile, the User shall be liable for any damages incurred. The User uses the Portal at his/her own risk. This applies especially to the downloading or other use of content obtained on the Portal, in particular when it originates from other Users.articular when it originates from other Users.

9. Uploaded content

  1. 9.1. The uploading, publication and transmission of content on the Portal is carried out autonomously by the Users. gigmit claims no ownership of that content; Provisions 9.2., 9.3. and 9.4. of the present Terms and Conditions remain unaffected. gigmit does not, in principle, carry out content monitoring or editorial control. gigmit has no responsibility for the accuracy, adequacy, integrity or quality of such content. gigmit reserves the right to reject, block or delete (wholly or partly, as the case may be), with immediate effect and at their own discretion without stating reasons, any content available on the Portal.
  2. 9.2. By uploading and posting content, the User grants gigmit a right of use of the content in question. This right of use is non-exclusive, temporally and locally unrestricted (though revocable at any time) but otherwise limited to making the content available on the Portal. This includes, in particular, the right to store, to make publicly available, to configure, to format, and to process technically, as well as the right to process the content for the purposes of transmitting and displaying it on multimedia (including mobile) devices. It also includes the right to use short text extracts from the uploaded content (“Samples”), to produce reduced size images of the uploaded images (“Thumbnails”) and to create copies of the Users’ microsites (“Screenshots”) and to make these publicly available on the Portal or to other third parties. Please be aware that the technical processing and transmission of our services, including the uploaded content, may result in the content being transmitted on a variety of different networks. Technical modifications may be necessary to ensure that the information transmitted corresponds to the technical requirements of the collaborating networks or other technical equipment, as well as to ensure that the said content and announcements shall be available to search engines.
  3. 9.3. By uploading and posting press material (such as images or texts), the User grants other Users of this platform a non-exclusive, temporally and locally unrestricted (though revocable at any time) right to use the content in question. This right is, however, limited to using the content for marketing purposes relating to an event. This includes, in particular, the storage, reproduction, and publication of the content.
  4. 9.4. By uploading and posting a Catering and/or Technical Rider, the User grants other Users of this platform a non-exclusive, temporally and locally unrestricted (though revocable at any time) right to use the content in question. This right is, however, limited to ensuring the proper execution of an event. This includes, in particular, the storage and reproduction of the content.
  5. 9.5. The User guarantees that he is in possession of all necessary rights pertaining to the content for which he/she uses gigmit.com, and that this is not in violation of any rights of third parties. Concerning any claims made by third parties, see infra under point 13.
  6. 9.6. Any allegations concerning violations of the above-mentioned Terms and Conditions must be addressed immediately to support@gigmit.com.

10. Collected Data

  1. 10.1. All processing of personal data is carried out in compliance with the appropriate legislation on data protection, respectively the German Telemedia Act (Telemediengesetz or “TMG”) and the German Federal Data Protection Act (Bundesdatenschutzgesetz or “BDSG”), in accordance with gigmit’s Data Protection Guidelines. The latter are available under “DPG”.
  2. 10.2. gigmit has the right to collect, process and use all data obtained from the User, as well as any data that result from the use of Portal, in compliance with legal provisions and to the extent that this is necessary for the smooth operation of the Portal and the handling of the contractual relationship. gigmit also has the right to store content and transmit content to third parties, to the extent that this is prescribed by law or deemed necessary and legally permissible after due consideration.

11. External Links

  1. The Portal contains links to third party websites, regarding the content and presentation of which gigmit has no influence. Sole responsibility for the content of the linked web pages lies with their respective providers or operators. Upon notification of alleged legal violations or infringements, gigmit shall immediately verify and, if necessary, delete the links in question.

12. Liability and Limitations of Liability

  1. 12.1. gigmit does not guarantee the actuality, correctness, completeness or quality of any information made available by other Users.
  2. 12.2. gigmit strives to make the Portal available for use to its fullest extent possible; however, this cannot be guaranteed. Maintenance, security or capacity issues, as well as events beyond the control of gigmit (such as power failures etc.) may lead to temporary disruptions in the services available on gigmit.com.
  3. 12.3. Except in the case of a breach of essential contractual obligations, gigmit shall only be liable for damages when and to the extent that gigmit, its legal representatives or other agents are guilty of malicious intent or gross negligence.
  4. 12.4. The above-mentioned exclusion and limitations of liability do not apply to damages that result from an injury to life, limb or health or from the fraudulent concealment of a defect by gigmit, nor in the case of claims pertaining to product liability.
  5. 12.5. Since the User is not a consumer, any and all liability claims against gigmit are subject to a limitation period of 12 months after a claim has been made and the User has received knowledge of the circumstances giving rise to the claim, or could have received knowledge without gross negligence. This limitation does not apply to liability claims arising under point 12.4 above.

13. Release of Liability

  1. The User hereby releases gigmit from any and all demands and claims made by other Users or third parties concerning content that the User in question has stored, published and/or transmitted within the Portal, or arising from the use of the Portal, from violations of the present Terms and Conditions or of the rights of third persons by the User.

14. Trademarks and Other Proprietary Rights

  1. Any and all rights to the Portal, as well as to the label “gigmit” or “GET a GIG” are the exclusive property of gigmit. This includes, in particular, all trademark, copyright, ancillary copyright, license or other rights, as well as any comparable legal entitlements to the Portal (with the exception of the content). Neither the Portal nor elements thereof may be used for any commercial purposes without gigmit’s prior written consent.

15. Jurisdiction and Final Provisions

  1. 15.1. The law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (“CISG”), shall be applicable to the contract between gigmit and the User.
  2. 15.2. To the extent that this is permitted by law, the Courts of Berlin shall have exclusive jurisdiction.
  3. 15.3. Should one or more of the provisions of this contract become invalid due to factual or legal reasons, the validity of the remaining provisions shall remain unaffected. The contractual parties are under an obligation to replace the invalid provision(s) with one(s) coming as close as possible to the economic intent of the contract.