EMPIRE GIG – TERMS OF USE
LAST UPDATE: 01/9/2022
INTRODUCTION AND DEFINITION
These Terms of Use shall constitute a legally binding agreement between Empire Gig Inc, a company incorporated in the state of Delaware, U.S.A offering a platform for digital marketing and online market place services ( hereinafter referred to as “the Company” or “Us) and shall govern the relationship between the Company and persons who have registered accounts at the Site shall include creatives, music promoters, digital content creators and general visitors of the site as defined below ( hereinafter referred to as “the User” or “You” or “Your”)
These Terms of Use shall stipulate the relationship between the Company and Users of the site and shall govern access and use of the website (hereinafter known as “the Site”) through any media platform.
The Site provides an online marketplace for goods, products and services (the “Marketplace Offerings”) and these services shall include;-
- Provision of an online platform which allows promoters to access artists that have opened an account and book them to attend and/or perform at any upcoming events;
- Provision of an online platform which allows artist to have access to well-known promoters who have opened an account with on the Site and apply for the available events;
- Provision of a payment platform for Users of the Site that have paid for or will be paid for any of the Marketplace Offerings;
- Providing an online platform that connects Users of the Site to buy & sell various goods and services advertised on the Site by account holders.
- Provision of a platform to book tickets to new and upcoming events across the country and across Africa.
Users of the site hereby expressly agree that by accessing the Site and/or the Marketplace Offerings they have read and understood the Terms of Use stipulated herein and agree to be bound. Users’ of the Site further agree that they have waived their rights to claim against the Company for any liability and claims arising from access and use of the Site.
The Company reserves the right to make changes and modifications to these Terms of Use at any time and for any reason and such modifications shall be effective immediately they have been posted on the Site.
REGISTRATION AND ACCOUNT OPENING
Users of the Site that offer Marketplace Offerings shall register an account by completing and registering the under the sign up option and warrant that all information provided shall be complete, valid and accurate.
All accounts opened shall be by persons over the age of 18 years and in the event the account holder is a company or other legal entity recognized by law, the User has the authority to open and operate the account on behalf of the company.
…ALL DETAILS REQUESTED ON THE ON BOARDING FORM MARKED IMPORTANT WITH AN ASTERISK.
Promoters may be requested for certificate of incorporation, to check if they register with MCSK
Users can deactivate their accounts by opting out of the service and ‘WE” will forfeit surrender their content and use of their intellectual property from the day of the request going forward.
USER REPRESENTATIONS
By using the Site or the Marketplace Offerings, The User represents and warrants the following:
- They possess legal capacity and agree to comply with these Terms of Use;
- Upon opening an account, to provide a valid email address/User ID and password which shall be kept confidential.
- Inform the Company by writing an email to the contact details provided in these Terms of Use immediately you become aware of any unauthorized disclosure of the account password or any other confidential information provided during the account set up and further agree to indemnify the Company against any third party risks arising from the disclosure
- they will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise
- They will not use the Site for any illegal or unauthorized purpose;
- Their use of the Site or the Marketplace Offerings will not violate any applicable law or regulation;
- They shall not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose;
- That by purchasing any of the Marketplace Offerings, they agree and understand that the Company is merely a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site.
- They understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and shall hold the Company harmless from any errors, omissions, or misrepresentations contained and or uploaded by other Users of the Site.
Users of the Site set up accounts and earn any payment for any products and services posted material posted on the Site agree to pay the Company a commission fee of 4.5% for every transaction for each successful sale.
All ticket sales for events hosted on the platform are at a commission fee of 2 % + $ 0.70 on each ticket,
We will provide adequate shipping for all purchases made on the site for all products to intended recipients, using our designated Empire Gig Couriers and partner companies.
MARKETPLACE OFFERINGS
The Company makes every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site and all Marketplace Offerings are subject to availability.
All descriptions or pricing of the Marketplace Offerings are subject to change at any time and without notice. The Company reserves the right to discontinue any Marketplace Offerings at any time or for any reason. The Company does not warrant the quality of any of the Marketplace Offerings purchased by The User.
PURCHASES AND PAYMENT
The Company accepts the following forms of payment:
Once a purchase has been made, the User agrees to promptly update the account created with payment confirmation required to enable the Company complete the User’s transactions. The Company shall apply all applicable V.A.T tax or any other applicable taxes to any purchases from the Site and reserves to right to change the prices at any time. All payments shall be received in $ USD and converted to other currencies while making payouts to sellers, where need be.
We accept payment via DIRECT BANK TRANSFER, STRIPE, EFT, AND RTGS. WE ALLOW PAYMENT OVER PAYPAL,GOOGLE PAY APPLE PAY DPO PAYMENTS, PESAPAL, PAYMENT OVER M-PESA ONLINE & TILL NUMBER.
The Company reserves the right to refuse any order placed through the Site and may in its sole discretion, limit or cancel quantities purchased per User. These restrictions may include orders placed by or under the same User account, the same payment method, and/or orders that use the same billing or shipping address.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace Offerings are proprietary property belonging to the Company which owns all source code, databases, functionality, software, site designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by the Company or licensed to the Company and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Delaware, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site “AS IS” and for the User’s information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Company’s express prior written permission.
TICKETING
The company’s ticketing platform is available and ready for use by all the sites users.
The charges for organizers include a 2% plus $0.70 use charge .This shall apply to every ticket purchase made on the platform.
Each sale shall attract a transaction charge to the buyer from the payment gateway partner listed on this document as per the companies declared rate.
E-COMMERCE
The company’s e-commerce platform welcomes all vendors and buyers to participate. The products put up for sale are available for delivery or shipping in the United States Of America and also internationally at market rates clearly captured in the invoice.Users kindly fill in the correct zip codes to allow for efficient service delivery for shipping purposes.
Empire Gig to offer shipping for all products sold on the platform through Empire Gig partners and in accordance with the shipping and return policy.
Empire Gig Inc will charge a commission of 4.5% on all E-Commece sales bought successfully via the site, unless the vendor is Empire Gig Inc.
Payment transactions on Empire Gig will be paid by b8yers through the various payment partners starting at 2.5% charge
Shipping charges are set by individual sellers and wil vary as per buyer location.
CREATIVE RENUMERATION
The artists will be pre-paid half the agreed rate on the day of the gig and the balance wired to bank accounts registered on empiregig.com less a 10% commission earliest from the next monday of the following week to allow for normal banking hours to take effect.
PROMOTER ARTIST BOOKING
The promoter will be charged a rate of 10% for all artist bookings to help support the site administration and maintenanc including legal fees.
If a rate is agreed upon Empire Gig will charge the promoter a commission of 10% immediately on signing of contract.
A digital contract signed by both parties and witnessed by Empire Gig will cover any other incidental costs outside the creatives professional rate.
If a successful agreement is not reached Empire Gig will assist the promoter secure an alternative creative for the gig on the platform
PROHIBITED ACTIVITIES
Users of the Site shall not access or use the Site for any purpose other than that for access to and use of the Company’s services and further, the Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company.
- Any illegal activity or scamming and phishing using the company’s name is illegal and prohibited.
- (b) Users shall act accordingly and avoid unbecoming behavior such as cyber bulling or spamming fellow users with negative and unbecoming comments/reviews.
- We encourage user to upload products for sale that are legal as per their (resident country laws ) any illegal products or services will be brought down without warning.
USER GENERATED CONTRIBUTIONS
The Company may provide Users of the Site with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and as such, any Contributions transmitted by Users shall be subject to the Terms of Use of the Site and treated in accordance with the Site Privacy Policy. The User hereby represents and warrants the following regarding Contributions posted on the Site:-
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of The User’s Contributions do not and will not infringe on any proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- The User is the creator and owner of or has the necessary licenses, rights, consents, releases, and permissions to use and to authorize the Company and other users of the Site to use the Contributions in any manner contemplated by the Site and these Terms of Use.
- The User’s Contributions are not false, inaccurate, or misleading and they are not unsolicited or unauthorized advertising or other forms of solicitation.
- Contributions to the Site are not obscene, harassing, libellous, or otherwise objectionable (as determined by the Company) and further do not ridicule, intimidate, or abuse anyone.
- The User’s Contributions do not violate any applicable law, which law is not limited to the location the User accesses the site and further does not violate the privacy or publicity rights of any third party.
Any use of the Site or Marketplace Offerings contrary to the foregoing is a violation of these Terms of Use and may result in termination or suspension of the User’s access to the Site and the Marketplace Offerings.
Any content, material and or information, that form part of the Marketplace Offerings and are uploaded on the Site by the User do not express the views of the Company and the User hereby expressly undertakes to take sole responsibly and indemnify the Company from any third party liability and or civil or criminal action arising from the Contributions posted on the Site.
CONTRIBUTION LICENSE
The Users of the Site agree that the Company is at liberty to access, store, process, and use any information and personal data accessible to the Company and provided by the User subject to the terms of the Company’s Privacy Policy.
By submitting suggestions or other feedback regarding the Site, Users agree that the Company can use and share such feedback for any purpose without compensation to the User.
The Company does not assert any ownership over any of the User’s Contributions and the User shall retain the full ownership of all Contributions and any intellectual property rights or other proprietary rights associated with The User Contributions.
SITE MANAGEMENT
The Company reserves the right to:
- Monitor the Site for violations of these Terms of Use;
- Take appropriate legal action against anyone who, in its sole discretion, violates any law or these Terms of Use;
- Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any Contributions by Users of the Site or any portion thereof;
- Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company’s systems; and
- Manage the Site in a manner designed to protect its rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
BREACH AND TERMINATION
These Terms of Use shall remain in full force and effect and shall apply during any access and use of the Site and its Marketplace Offerings.
In the event you breach any of the Terms of Use, the Company reserves the right to the following:-
- Temporarily suspend your account or access to the Site and Marketplace Offerings;
- deny access to and use of the Site and the Marketplace Offerings (including contacting your internet service provider and blocking certain IP addresses);
- terminate any use or participation in the Site and the Marketplace Offerings or delete any content or information that the User may post at any time; and
- Commence legal action against the User for breach of the Terms of Use
If the Company terminates or suspends a User’s account for any reason arising from on-site actions deemed UNBECOMING, ABUSIVE OR ILLEGAL, The User is prohibited from registering or creating a new account in its name, a fake name or in the name of any third party, even if The User may be acting on behalf of the third party.
MODIFICATIONS AND INTERRUPTIONS
The company reserves the right to change, modify, or remove the contents of the Site at any time or for any reason and without notice and also reserves the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time.
The Company will not be liable to The User or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
The Company cannot guarantee that the Site and the Marketplace Offerings will always be available and we hereby reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time.
Nothing in these Terms of Use will be construed to obligate the Company to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
Governing Law. This Agreement and all disputes arising out of or in connection with this Agreement shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of the State of Delaware, U.S.A., without giving effect to conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use the parties agree to first attempt to negotiate informally for at least 21 days before initiating arbitration.
Binding Arbitration
Any dispute arising out of or in connection with these Terms of Use, shall be referred to arbitration and the arbitration proceedings shall be governed by the Arbitration Act of Delaware. Arbitrators appointed shall be members of the Chartered Institute of Arbitrators, and the parties shall agree to appoint three arbitrators. The seat, or legal place, of arbitration shall be Delaware. The language of the proceedings shall be English and the governing law of the Terms of Use shall be the substantive law of Delaware.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The Site and the Marketplace Offerings are provided on an as-is and as-available basis and the User agrees that use of the Site will be at the User’s sole risk.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a User or a third party through the Site and will not be a party to or in any way be responsible for monitoring any transaction between the User and any third-party providers of products or services.
The Company makes no warranties or representations about the accuracy or completeness of Contributions made on the Site by Users and shall not be liable for any bugs, viruses, Trojan horses, or the like which may be transmitted to the Site.
USER DATA
The Company will maintain and perform regular routine backups of data transmitted to the Site for the purpose of managing the performance of the Marketplace Offerings. The User is solely responsible for all data that they transmit to the Site.
MISCELLANEOUS
Any policies or operating rules posted by the Company on the Site or in respect to the Marketplace Offerings shall form part of these Terms of Use.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between the User and the Company as a result of these Terms of Use or use of the Marketplace Offerings.
The User agrees that these Terms of Use will not be construed against the Company by virtue of having been prepared by lawyers representing the Company. The User further waives all defences that the User may have based on the electronic form of these Terms of Use and may arise from the lack of physical signing by the parties.
Visiting the Site, sending Us emails, and completing online forms shall constitute electronic communications and You consent to receive electronic communications from the Site.
The User hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by the Company via the site. The User hereby waives any rights or requirements under any law in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
CONTACT US
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site contact Us at: info@empiregig.com
