These Terms of Service include:
Your agreement that the Service is provided “as is” and without warranty (Section 17).
Your agreement that the Flashgigs has no liability regarding the Service (Section 18).
Your consent to release the Flashgigs from liability based on claims between Users (Section 3) and generally (Section 18).
Your agreement to indemnify the Flashgigs from claims due to your use or inability to use the Service or content submitted from your account to the Service (Section 19).
Your consent that either party has the right to compel arbitration (Section 20).
Your consent that no claims can be adjudicated on a class basis (Section 20).
1. Service Connects Gig Seekers and Clients
The Service is a communications platform which enables the connection between Gig Posters (businesses or anyone with a job to be done) and Gig Seekers (anyone looking for work or a Gig). Gig posters and Gig seekers will be referred to as “Users” throughout this document. Flashgigs will solely be providing avenues to post and get emergency temporary gigs around your location.
2. Service Only Provides a meeting platform
The Web Service is a platform for enabling access and connections between Users (Gig posters and Gig seekers) for the fulfillment of Gigs, but the Flashgigs is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever expected by the users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Flashgigs does not have control over the quality, timing or legality of Gigs posted by Gig posters or that of the work done by the Gig Seeker (and as such, flashgigs encourages the use of our rating system). Flashgigs makes no representations about the suitability, reliability, timeliness, or accuracy of the Gigs requested and provided by Users identified through the Service whether in public, private, or offline interactions.
3. User Vetting
Although Flashgigs and the site has a user rating system, Flashgigs cannot confirm that each User is who they claim to be and therefore, Flashgigs cannot and does not assume any responsibility for the accuracy or reliability identity or background check information or any information provided through the Service.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER FLASHGIGS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE THE FLASHGIGS AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. FLASHGIGS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE AND OR THE PLATFORM PROVIDED BY FLASHGIGS.
4. Billing and Payment
Users of the Site for Gigs are in charge of any financial or monetary details set forth for every Gig directly with other Users. Flashgigs will not be a party to any contracts or financial agreements for Gigs whether verbal or written.
All users on using this site, agree to release Flashgigs of all and any complaint resulting due to any misunderstanding or conflict on monetary issues.
Gig Posters will be responsible for setting the amounts for each Gig they post and will have to ensure that the Gig Seeker who completes the Gig is fully paid for their work and time. Flashgigs encourages all users to make ample use of the rating system as that’s one of the main ways that Flashgigs plans on identifying users who do not use the site properly.
The Service is only a venue for connecting Users. Because Flashgigs is not involved in the actual contact between Users or in the nature of and completion of the Gig, in the event that you have a dispute with one or more Users, you release Flashgigs (and our Owners, officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Flashgigs expressly disclaims any liability that may arise between Users of its Service.
7. Public Areas; Acceptable Use
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, public contest pages, news groups, forums, other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users or site management teams. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum.
Without limitation, while using the Service, you may not:
– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Flashgigs staff.
– Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
– Use the Service for any purpose, including, but not limited to posting or completing a Gig, in violation of local, state, national, or international law.
– Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
– Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
– Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
– Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
– Conduct or forward surveys, contests, pyramid schemes, or chain letters.
– Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
– Post the same Gig repeatedly (“Spamming”). Spamming is strictly prohibited.
– Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
– Restrict or inhibit any other User from using and enjoying the Public Areas.
– Imply or state that any statements you make are endorsed by Flashgigs, without the prior written consent of Flashgigs.
– Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
– Hack or interfere with the Service, its servers or any connected networks.
– Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
– Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Flashgigs.
– Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
– Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
– Use the Services in violation of the Marketplace Guidelines.
– Use the Service to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Service as set forth herein.
– Use the Service to collect usernames and or/email addresses of Users by electronic or other means.
– Register under different usernames or identities, after your account has been suspended or terminated.
– You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Flashgigs will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
8. Termination and Suspension
Flashgigs may terminate or suspend your right to use the Service at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, Flashgigs may terminate or suspend your right to use the Service if you breach any term of this Agreement (including the Marketplace Guidelines) or any policy of Flashgigs posted through the Service from time to time, or if Flashgigs otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Flashgigs terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. If Flashgigs terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Flashgigs reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
9. Account, Password, Security and Mobile Phone Use
You must register with Flashgigs and create an account to use the Service. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Flashgigs for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Flashgigs has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Flashgigs immediately.
By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Flashgigs will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Site or Flashgigs’s mobile application, or by emailing opt-out-info@Flashgigs.com.
10. Your Information and Likeness
“Your Information” is defined as any information and materials you provide to Flashgigs or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.” You hereby represent and warrant to Flashgigs that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Flashgigs or cause Flashgigs to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Service hosts User Generated Content relating to reviews of specific Gig Seekers. Such reviews are opinions and not the opinion of Flashgigs, have not been verified or approved by Flashgigs and each Client should undertake their own research to be satisfied that a specific Gig Seeker is the right person for a Gig. You agree that Flashgigs is not liable for any User Generated Content.
You hereby grant Flashgigs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.
Each Gig Seeker who provides to the Flashgigs any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Service, hereby irrevocably grants to the Flashgigs the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
Use any videotape, film, record or photograph that such Gig Seeker provides to the Flashgigs, and use, reproduce, modify, or creative derivatives of such Gig Seeker picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Gig Seeker in connection with the Service.
Reproduce in all media any recordings of such Gig Seeker’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Service.
Use, and permit to be used, such Gig Seeker’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Service in any media.
Use, and permit to be used, such Gig Seeker’s name and identity in connection with the Service.
Each Gig Seeker hereby waives all rights and releases the Flashgigs from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Gig Seeker’s identity, likeness or voice in connection with the Service.
Each Gig Seeker acknowledges that the Flashgigs shall not owe any financial or other remuneration for using the recordings provided hereunder by such Gig Seeker, either for initial or subsequent transmission or playback, and further acknowledges that the Flashgigs is not responsible for any expense or liability incurred as a result of such Gig Seeker’s recordings or participation in any recordings, including any loss of such recording data.
11. Links to Other Websites
Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by Flashgigs of those sites or their content. Such links are provided as an information service, for reference and convenience only. Flashgigs does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Flashgigs Service as well as any advertisements displayed in connection therewith) does not mean that Flashgigs endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
As part of the functionality of the Service, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Service; or (ii) allowing Flashgigs to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Flashgigs and/or grant Flashgigs access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Flashgigs to pay any fees or making Flashgigs subject to any usage limitations imposed by such third party service providers. By granting Flashgigs access to any Third Party Accounts, you understand that (i) Flashgigs may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Service via your account, including without limitation any friend lists, and (ii) Flashgigs may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Service. Please note that if a Third Party Account or associated service becomes unavailable or Flashgigs’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Flashgigs makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Flashgigs is not responsible for any SNS Content. You acknowledge and agree that Flashgigs may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Service. At your request made via e-mail to privacy@Flashgigs.com, Flashgigs will deactivate the connection between the Service and your Third Party Account and delete any information stored on Flashgigs’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
12. Worker Classification and Withholdings
Each User assumes all liability for proper classification of such User’s workers as independent contractors or employees based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Flashgigs. Each User acknowledges that Flashgigs does not, in any way, supervise, direct, or control a Gig Seeker’s work or Gigs performed in any manner. Flashgigs does not set a Gig Seeker’s work hours or location of work. Flashgigs will not provide any equipment, labor or materials needed for a particular Gig.
The Service is not an employment service and Flashgigs does not serve as an employer of any User. As such, Flashgigs will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.
You agree to indemnify, hold harmless and defend Flashgigs from any and all claims that a Gig Seeker was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Gig Seeker was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Flashgigs was an employer or joint employer of a Gig Seeker, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
13. Flashgigs Guarantee
The Flashgigs Guarantee provides protection for up to (a) USD 1,000,000 in damages arising from (i) property damage to Clients or third parties arising directly from a Gig Seeker’s negligence in performance of a Gig through the Service and (ii) bodily injury to Clients or third parties arising directly from a Gig Seeker’s negligence in the performance of a Gig through the Service, and (b) USD 10,000 per occurrence from theft of a Client or third party’s property by a Gig Seeker during performance of a Gig through the Service. These payments are subject to certain conditions, limitations and exclusions, as described in the Flashgigs Guarantee Terms available at www.Flashgigs.com/guarantee (the “Guarantee Terms”).
14. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Service is owned by Flashgigs, excluding User Generated Content that Flashgigs has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Flashgigs owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Flashgigs’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Flashgigs and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Flashgigs, including without limitation Flashgigs and the Flashgigs logos are service marks owned by Flashgigs. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
15. Copyright Complaints and Copyright Agent
Flashgigs respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to Flashgigs’s Copyright Agent at: Flashgigs, Inc., info@Flashgigs.com:
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Flashgigs to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
16. Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Flashgigs and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Flashgigs in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Flashgigs upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Flashgigs’s trade secrets, confidential and proprietary information and all other information and data of Flashgigs that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
17. Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLASHGIGS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. FLASHGIGS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND FLASHGIGS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER FLASHGIGS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY GIG OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER FLASHGIGS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER FLASHGIGS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
FLASHGIGS AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY USE TO EXPEDITE FLASHGIGS SELECTION, EACH CLIENT IS RESPONSIBLE FOR DETERMINING THE GIG AND SELECTING THEIR GIG SEEKER AND DETERMINING THE GIG AND FLASHGIGS DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR FLASHGIGS. FLASHGIGS DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY GIG SEEKER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENCE.
18. No Liability
YOU ACKNOWLEDGE AND AGREE THAT FLASHGIGS IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABLITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD FLASHGIGS, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY FLASHGIGS OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION, OTHER THAN PURSUANT TO THE FLASHGIGS GUARANTEE TERMS.
UNDER NO CIRCUMSTANCES WILL FLASHGIGS, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
FLASHGIGS DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT FLASHGIGS OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES IN EXCESS OF THE FLASHGIGS GUARANTEE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO FLASHGIGS DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless Flashgigs, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Flashgigs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Flashgigs.
20. Dispute Resolution
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Flashgigs agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Flashgigs. Flashgigs’s address for such notices is Flashgigs, Inc., 425 Second Street, 5th Floor, San Francisco Ontario, 94107 Attention: Legal.
BINDING ARBITRATION. If you and Flashgigs are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”). If your claim for damages does not exceed USD 10,000, Flashgigs will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Flashgigs may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Flashgigs agree that any arbitration will be limited to the Dispute between Flashgigs and you individually. YOU ACKNOLWEDGE AND AGREE THAT YOU AND FLASHGIGS ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Flashgigs otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
21. Governing Law
You and Flashgigs agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in Section 20 above, if any portion of Section 20 entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in Section 20 is found to be illegal or unenforceable, neither you nor Flashgigs will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within San Francisco, Ontario, and you and Flashgigs agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the Province Ontario, without regard to choice of law principles.
22. Special Promotions
Flashgigs may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Flashgigs, and can be activated, modified or removed at any time by Flashgigs without advance notification and the liability of any of Flashgigs’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to Section 18 of these Terms of Service, including but not limited to Section 18 of these Terms of Service.
23. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
24. General Provisions
Failure by Flashgigs to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Flashgigs with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Flashgigs, its successors and assigns.
25. Changes to this Agreement and the Service