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TERMS AND CONDITIONS

Effective Date: February 2nd, 2025

Welcome to GigPit!

This website seeks to enhance and improve local music scenes across Canada. We want more fans to feel like they are a part of an exciting grassroots scene, artists to gain access to fans outside their social circle, and venues/promoters to find exciting artists making music in the community. If you have any feedback or issues with our site or content, please contact us at [email protected], and we will get back to you as soon as possible.

These Terms and Conditions (“Terms”) govern your access to and use of our website (the “Website”), which provides a platform for searching for and advertising live music events and performing artists across Canada (“Services”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website.

1. DEFINITIONS

  • a. “Company” refers to GIGPIT Events Inc., its affiliates, and its subsidiaries.
  • b. “User,” “you,” or “your” means any person who accesses or uses the Website.
  • c. “Content” includes all text, images, posters, data, and other materials posted or uploaded by Users.
  • d. “Services” refers to the functionalities provided by the Website for searching, posting, and advertising live music events.
  • e. “Account” means the user profile created via Google authentication that allows access to certain features of the Website.

2. ACCEPTANCE OF TERMS

By creating an Account or using the Website, you acknowledge that you have read, understood, and agree to these Terms, including any amendments or updates. Continued use of the Website signifies your acceptance of any updated Terms.

3. WEBSITE SERVICES

a. Primary Services:

  • The Website is dedicated to providing a searchable database of live music events across Canada and advertising these events.
  • It offers Users a platform to discover events and, if eligible, to post live music show posters.

b. Modifications:

The Company reserves the right to modify or discontinue the Services, in whole or in part, at any time without prior notice.

4. APPLICABLE LAWS

a. Primary Law:

British Columbia’s Personal Information Protection Act (PIPA) governs the handling of personal data collected in BC.

b. Additional Applicable Laws:

  • PIPEDA: Applies if activities extend beyond provincial boundaries or trigger federal standards.
  • Canadian Anti-Spam Legislation (CASL): Relevant for commercial electronic messaging.
  • Copyright Act: Addresses intellectual property concerns related to images and other user content.
  • Competition Act and BC Business Practices and Consumer Protection Act: Ensure compliance with consumer protection and fair business practices.

5. USER ELIGIBILITY AND ACCOUNT MANAGEMENT

a. Eligibility:

Accounts are available to persons with the intent of attending and promoting live music events. There are no specific age restrictions; however, if Users under a certain age are permitted, applicable parental consent provisions may be required under law.

b. Account Creation:

Accounts are auto-created through Google authentication. By using this method, you consent to the transmission and processing of your information in accordance with Google’s terms.

c. Maintenance and Termination:

You may manage your Account via the settings page on the Website. The Company may terminate or suspend Accounts for violations of these Terms. For support or to address issues with your Account, please contact us at [email protected].

6. USER-GENERATED CONTENT

a. Allowed Content:

Only live music show posters are permitted. Content that is illegal, deemed upsetting, or that negatively impacts the live music scene is strictly prohibited. The Company reserves the right to remove any such Content at its sole discretion.

b. User Responsibility:

You are solely responsible for ensuring that any Content you post does not infringe on third-party rights or violate applicable laws. By posting Content, you warrant that you possess all necessary rights to do so.

c. Content Ownership and Licensing:

User Ownership: You retain ownership of your original Content.

License to Company: You grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to extract, display, distribute, and redistribute your Content—including text, images, and location data—on other platforms, solely to promote and share information about live music events.

7. CONTENT MODERATION AND ACCOUNT SUSPENSION

a. Moderation Process:

Any User may report Content that they believe violates these Terms to [email protected]. The Company and its moderators reserve the right to remove or modify any Content that is deemed harmful or not in line with the promotion of live music events.

b. Account Suspension/Termination:

Repeated or severe violations may result in the suspension or termination of your Account, at the Company’s sole discretion.

8. INTELLECTUAL PROPERTY

a. User-Posted Content:

You warrant that you have the necessary rights to post any images or other Content on the Website.

b. Handling Infringement:

You agree to indemnify and hold the Company harmless from any claims arising out of intellectual property infringement related to your Content. The Company will maintain a DMCA-compliant process (or a similar procedure) for addressing copyright infringement notifications.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

a. Disclaimer:

The Website and all Content are provided on an “as is” basis without warranties of any kind, either expressed or implied. While we strive to maintain accurate and up-to-date information regarding live music events, the Website may contain errors, omissions, or typographical mistakes. If any are observed, please contact us directly at [email protected].

b. Limitations of Liability:

To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Website or reliance on any Content posted by Users or the Company. You acknowledge and assume all risks associated with the use of the Services.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Website or violation of these Terms.

11. DISPUTE RESOLUTION

a. Binding Arbitration:

Any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by an established arbitration body in British Columbia, in accordance with its rules.

b. Alternative Mediation:

Prior to initiating arbitration, the Company may, at its discretion, offer an online mediation process to attempt an amicable resolution.

c. Waiver of Jury Trial:

By agreeing to these Terms, you waive your right to a jury trial in any dispute arising out of or related to the Website.

12. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of British Columbia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in British Columbia or resolved through the agreed dispute resolution process.

13. AMENDMENTS AND UPDATES

a. Modification of Terms:

The Company reserves the right to amend or update these Terms at any time. Any changes will be posted on the Website and, where possible, communicated via email notifications to registered Users.

b. Acceptance of Updates:

Your continued use of the Website following the posting of any changes constitutes acceptance of the updated Terms.

c. Record Keeping:

An archive of previous versions of these Terms will be maintained, and summaries of major changes may be provided for clarity.

14. SEVERABILITY AND ENTIRE AGREEMENT

a. Severability:

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

b. Entire Agreement:

These Terms constitute the entire agreement between you and the Company regarding your use of the Website, superseding all prior agreements or understandings.

15. CONTACT INFORMATION

For any questions, concerns, or issues regarding these Terms, please contact us at:
[email protected]