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Terms of Service & Legal

A. Platform Role Disclaimer

Marketplace Status

The Platform operates solely as an online marketplace that connects artists and venues. The Platform does not organize, promote, host, supervise, or control any performances or events listed on the Platform. All events are organized and conducted solely by the applicable venue and/or artist.

The Platform makes no representations or warranties regarding the quality, safety, legality, or suitability of any performance, event, venue, or artist listed on the Platform.

B. Venue Responsibilities

Public Performance Licensing

Venues are solely responsible for obtaining and maintaining all required public performance licenses and permissions necessary for the performance of copyrighted works at their location, including licenses from Performing Rights Organizations such as ASCAP, BMI, SESAC, GMR, and any other applicable domestic or foreign rights organization.

The Platform does not verify, monitor, or guarantee the existence, validity, or scope of any such licenses. Venues acknowledge that failure to obtain appropriate licenses may result in legal liability to the venue, and that the Platform bears no responsibility for any such failure.

C. Artist Representations

Rights to Perform

Artists represent and warrant that they have the legal right to perform the musical works included in their performances and that their performances will not infringe upon the intellectual property rights of any third party.

Artists are solely responsible for ensuring that their repertoire, setlists, and any audio or visual materials used during performances comply with all applicable copyright and intellectual property laws.

D. Indemnification

Hold Harmless Agreement

You agree to indemnify, defend, and hold harmless the Platform, its officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your failure to obtain required licenses or permissions
  • Any alleged copyright infringement arising from a performance
  • Any violation of applicable laws or regulations
  • Your use or misuse of the Platform
  • Any dispute between you and another user of the Platform
  • Any breach of these Terms of Service

This indemnification obligation survives the termination of your account and your use of the Platform.

E. No Agency Relationship

Independent Parties

Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between the Platform and any user. The Platform is not the promoter, organizer, or operator of any event listed on the Platform.

Artists and venues are independent parties. The Platform does not employ, manage, or direct any artist or venue. No user has the authority to bind the Platform to any obligation, contract, or liability.

F. Limitation of Liability

Cap on Damages

To the maximum extent permitted by applicable law, the Platform and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of the Platform.

In no event shall the Platform's total aggregate liability to you for all claims arising from your use of the Platform exceed the amount you paid to the Platform, if any, during the twelve (12) months preceding the claim.

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

G. Dispute Resolution

Between Users

Any disputes arising between artists and venues — including but not limited to payment disputes, performance quality, cancellation disagreements, or scheduling conflicts — are to be resolved directly between the involved parties. The Platform is not a party to any agreement between artists and venues and has no obligation to mediate, arbitrate, or resolve such disputes.

The Platform may, at its sole discretion, provide tools or processes to facilitate communication between disputing parties, but participation in any such process is voluntary and does not constitute legal mediation or arbitration.

H. Tax Information Disclaimer

Not Tax Advice

The Platform provides tools to facilitate the exchange of tax documents, including W-9 forms and 1099-NEC forms, between venues and artists. These tools are provided as a convenience only.

The Platform is not a tax advisor, accountant, or legal professional. The Platform does not verify the accuracy of any tax information submitted by users and makes no representations regarding users' tax obligations. Users are solely responsible for ensuring the accuracy of their tax information and for complying with all applicable federal, state, and local tax laws.

Users should consult a qualified tax professional for advice regarding their specific tax situations.

I. User Content & Data

Ownership & License

You retain ownership of all content you submit to the Platform, including profile information, media files, and communications. By submitting content, you grant the Platform a non-exclusive, worldwide, royalty-free license to display, distribute, and use such content solely for the purpose of operating and promoting the Platform.

You are solely responsible for the content you submit and represent that you have the right to share such content. The Platform may remove content that violates these Terms or applicable law.

The Platform may collect and process user data in accordance with its Privacy Policy. Sensitive information such as Tax Identification Numbers (TINs) are encrypted at rest and handled in accordance with industry best practices.

J. Right to Suspend or Terminate

Platform Enforcement

The Platform reserves the right to suspend, restrict, or permanently terminate any user account, venue listing, or artist profile that:

  • Fails to comply with licensing obligations or applicable laws
  • Creates legal risk or liability for the Platform
  • Violates these Terms of Service
  • Engages in fraudulent, deceptive, or harmful conduct
  • Receives repeated complaints from other users

The Platform may take such action at its sole discretion, with or without prior notice, and is not required to provide a reason for suspension or termination.

K. Modification of Terms

Updates & Changes

The Platform reserves the right to modify, update, or replace these Terms of Service at any time. Material changes will be communicated through the Platform via notification or email. Your continued use of the Platform after any such modifications constitutes your acceptance of the updated Terms.

It is your responsibility to review these Terms periodically for changes. If you do not agree with any modifications, you must discontinue your use of the Platform.

L. Governing Law

Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Ventura County, California, and you consent to the personal jurisdiction of such courts.

M. Contact Information

Questions About These Terms

If you have questions or concerns about these Terms of Service, please contact us at support@gigsfill.com.

N. Affiliate Program

1. Overview

GigsFill operates an optional affiliate program that lets any registered user ("Affiliate") earn a commission when a venue they refer to the Platform signs up and starts booking gigs. The program is opt-in via the "Recommend GigsFill" feature and the per-user Affiliate Dashboard inside your profile.

2. How Attribution Works

  • Venue signups only. Affiliate commissions accrue exclusively when a referred party signs up as a venue. Signups as artists, fans, or any non-venue account type do not generate affiliate credit, regardless of how the lead reached the Platform.
  • First-recommender-wins. If multiple Affiliates have recommended the same email address, the earliest recommendation on record receives the credit when (and if) that party signs up as a venue. Other Affiliates will see the lead marked "Claimed by other" on their dashboard.
  • Attribution sources. A venue may be linked to an Affiliate via (a) the Affiliate's unique tracking link, (b) the Affiliate's unique affiliate code entered at signup, or (c) an exact match between the new venue's signup email and an earlier "Recommend GigsFill" email sent by the Affiliate. The Platform decides attribution in that order.
  • Self-referral is prohibited. The Platform actively detects and rejects self-referrals (an Affiliate referring their own email, or an Affiliate referring a venue created from the same household / device based on collision signals). Detected self-referrals result in no credit and may trigger account review.

3. Commission Rate

The Affiliate commission rate is set by the Platform and may differ for new versus established referrals (for example, a higher introductory rate that reduces after a defined number of days). The current rates, reduction window, and any minimum payout threshold are displayed inside your Affiliate Dashboard. The rate snapshot stored on each referral row is the rate at the time of linking; the live rate is the rate applied to next accrual. The Platform may modify either rate prospectively at any time on notice via the Dashboard. Already-accrued earnings are not retroactively adjusted.

4. Earnings & Eligible Activity

Commission accrues only on completed, charged gig fees collected by the Platform from a referred venue. Refunded, reversed, disputed, or charged-back gig fees do not generate commission, and any commission already accrued against such fees may be reversed. Affiliate commissions are calculated automatically and visible per-venue on your Dashboard.

5. Payouts

  • Payout schedule. Eligible earnings are paid quarterly on the dates shown in your Affiliate Dashboard. Balances below the displayed minimum payout threshold roll over to the next quarter.
  • Stripe Connect required. Affiliate payouts are processed through Stripe Connect Express. You must complete Stripe onboarding before any payout can be sent. Until Stripe is on file, earnings accrue but are not disbursed.
  • W-9 required (U.S. affiliates). Per IRS regulations, U.S. affiliates earning $600 or more in a calendar year must have a current Form W-9 on file. We cannot release payouts that would push your year-to-date earnings over the IRS reporting threshold without a W-9. The Platform issues IRS Form 1099-NEC at year end when required.
  • Tax responsibility. Affiliate income is your responsibility to report. The Platform does not provide tax advice; please consult a licensed professional.

6. Acceptable Use

You agree not to: (a) send unsolicited email (spam) using your affiliate link, including bulk recommendations to email addresses you do not personally know; (b) misrepresent the Platform or its features; (c) recommend GigsFill on adult, illegal, hateful, or otherwise prohibited content surfaces; (d) attempt to game attribution by creating multiple accounts, paying others to sign up, or exploiting bugs in the attribution logic; (e) use the affiliate program in violation of any applicable law (including CAN-SPAM, TCPA, and GDPR where relevant).

To preserve Platform sender reputation, the Recommend GigsFill flow is rate-limited per affiliate and per IP. Sustained violations may result in your affiliate code being suspended and accrued earnings forfeited.

7. Program Changes & Termination

The Platform may modify the affiliate program (including rates, eligibility, attribution rules, or payout schedules) on reasonable notice via the Dashboard. The Platform may also pause or terminate the program in whole or in part at any time. If the program is terminated, any eligible earnings already accrued through the termination date will be paid out at the next scheduled payout, subject to the Stripe Connect and W-9 requirements above.

The Platform may suspend or terminate your individual participation, withhold pending payouts, and claw back already-paid amounts for any violation of these terms, including fraud, self-referral, spam, or any attempt to manipulate attribution.

8. No Guarantee, No Warranty

Participation in the affiliate program is not employment or any other relationship of agency. The Platform makes no representation or guarantee about the amount of commission you will earn, the duration of the program, or the continuing eligibility of any referred venue. The program is provided "as is" without warranty of any kind.

9. Contact

Questions about the affiliate program, your earnings, attribution disputes, or payout issues: support@gigsfill.com.

O. Privacy & Data Handling

What We Collect

When you use the Platform we may collect:

  • Information you provide directly (profile details, gig listings, contracts, messages, payment information).
  • Information generated by your use of the Platform (gigs booked, login timestamps, support tickets, analytics events).
  • Your IP address, which is used to maintain your session, prevent abuse, and (on the homepage only) to estimate your approximate city — see "Approximate Location" below.

How We Use Your Data

We use your data to operate the Platform, process bookings and payments, send transactional emails (booking confirmations, contract notifications, payout receipts), surface relevant gigs and artists to you, and to investigate and prevent fraud or abuse. We do not sell your personal information to third parties.

Approximate Location from IP Address

When you visit the Platform's homepage, your IP address is sent to a third-party geolocation provider (ipapi.co) to estimate your approximate city. We use this only to pre-fill the "Find Live Music" city field so you don't have to type it. The result is cached in memory for up to 24 hours and is not stored in our database. You can clear or change the city field at any time, and the rest of the Platform works exactly the same whether or not we made a city guess.

If your browser sends a Do Not Track (DNT) or Global Privacy Control (Sec-GPC) signal, we skip this lookup entirely.

Third-Party Service Providers (Sub-Processors)

The Platform shares limited data with the following service providers as necessary to operate the service:

  • Stripe — payment processing (cards, Connect transfers, refunds). Card data is stored directly with Stripe, not on our servers.
  • ipapi.co — IP-based approximate city lookup on the homepage only, as described above.
  • SMTP email provider — outbound transactional email (booking, contract, payout notifications). Email addresses and the contents of the email itself are processed by this provider.
  • Cloudflare / DigitalOcean — hosting and network infrastructure. Standard request logs (IP, timestamp, URL) may be retained for security and abuse-prevention purposes.

Cookies and Local Storage

We use a small number of first-party cookies and browser storage entries strictly necessary to operate the Platform — most notably a signed session cookie that keeps you logged in, and an affiliate-referral cookie (30-day expiry) used only when you arrive via an affiliate link. We do not use third-party advertising or behavioral-tracking cookies.

Data Retention

We retain account, gig, contract, and payment records for as long as your account is active and for a reasonable period afterward so that we can respond to disputes, comply with legal obligations, and produce accurate tax reporting. IP-based geolocation results are cached for up to 24 hours and then discarded. You may request deletion of your account by contacting us at support@gigsfill.com; we may retain limited records as required by law (for example, transaction history for tax purposes).

Your Choices

  • Edit or remove information. You can update profile details and remove media from your account at any time.
  • Opt out of the city auto-fill. Enable Do Not Track or Global Privacy Control in your browser, or simply clear the pre-filled value before clicking Find Music.
  • Request a copy or deletion. If you'd like a copy of the data we hold about you, or want your account removed, email support@gigsfill.com.
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