Welcome to BeatGig.com. By accessing or using this Site, you ("User") agree to comply with the terms and conditions governing User use of any areas of the BeatGig site (the "Site") as set forth below.
"BeatGig Content" means all Materials provided by BeatGig. “User Content” means all material created and submitted by end users of BeatGig products.
Please be aware that certain activities on this Site are available only to persons who are covered under a paid or trial subscription agreement with BeatGig ("Subscribers").
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the BeatGig Content available on this Site subject to the following conditions:
1. The BeatGig Content may be used solely for personal, informational, and internal purposes.
2. The BeatGig Content may not be modified or altered in any way.
3. The BeatGig Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others
4. You may not remove any copyright or other proprietary notices contained in the BeatGig.
5. BeatGig reserves the right to revoke the authorization to view, download, and print the BeatGig Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from BeatGig.
6. The rights granted to you constitute a nonexclusive license and not a transfer of title.
The rights specified above to view, download, and print the BeatGig Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of BeatGig or other third parties. You are not permitted to use the Marks without the prior written consent of BeatGig or such third party that may own the Marks. BeatGig and the BeatGig logo are trademarks of BeatGig, LLC.
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant BeatGig one of the following types of licenses: Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant BeatGig one of the following types of licenses:
1. For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using BeatGig products, you grant BeatGig a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant BeatGig the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. If you submit User Content to the Design Review service, you acknowledge that such content may be modified and annotated, and BeatGig may display the User Content together with such modifications and annotations. You acknowledge and agree that any User Content you submit to BeatGig, such as actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.
2. For User Content such as comments to the BeatGig User to User Forums, bug reports, piracy reports, or product suggestions, you grant BeatGig and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that BeatGig is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your legal name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of BeatGig or others.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree:
BeatGig may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, BeatGig will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. BeatGig also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND BEATGIG OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BEATGIG MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. BEATGIG MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND BEATGIG MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) BEATGIG DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) BEATGIG MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) BEATGIG SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
At BeatGig, we want you to be 100% happy with the quality of service you received. If you want a refund, contact us at email@example.com within 2 days after the performance. If we have reason to believe you received low quality of service, you will be eligible for a full refund
An inquiry or unpaid show may be cancelled at any point without penalty by either party. A paid show cancellation by an artist results in a complete refund of the payment being returned to the purchaser. If Purchaser cancels the paid show before (7) seven days prior to the performance, Purchaser will forfeit, as liquidation damages, the deposit for such performance. If Purchaser cancels the performance for any reason within (7) seven days of the performance, Purchaser will forfeit, as liquidation damages, the full guaranteed amount.
BeatGig uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.
If a musician receives an inquiry from the venue through our platform, but books the event outside of our platform, their account may be suspended or removed without notice and legal action may be taken against them.
By sending an inquiry and submitting a payment to an artist, you agree to our cancellation policy.
For shows that are booked through our platform, the full payment for the musician must be paid by the venue through the platform. Failure to comply may result in both parties having their accounts suspended or removed without notice, and legal action may be taken against them.
This Site can be accessed from countries around the world and may contain references to BeatGig products, services, and programs that are not available in your country. These references do not imply that BeatGig intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by BeatGig from its offices within the United States of America. BeatGig makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United State, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BEATGIG, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BEATGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
BeatGig will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide BeatGig a Notice containing the following elements:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on the BeatGig site;
4. information sufficient to permit BeatGig to contact you, such as your physical address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
BeatGig can be reached by mail:
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.
All BeatGig products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation,"
This Site (excluding linked sites) is controlled by BeatGig from its offices within the city of Virginia Beach, Virginia, United States of America. By accessing this Site, you and BeatGig agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of Virginia and the United States of America, without regard to the conflicts of laws principles thereof and any disputes shall be subject exclusively to the jurisdiction and venue of a court located in either the City of Virginia Beach or the City of Norfolk, Virginia.
The following guidelines are provided for the use of certain copyrighted materials, such as images, box shots, screen shots, and text; and for the use of certain trademarked materials, such as logos, marks, and icons. These materials are owned by BeatGig, LLC ("BeatGig") and provided under license. To use such materials, you must first agree to the following license terms:
1. The materials available for download on this site are subject to these license terms, as well as any specific guidelines contained herein. If you download any materials from this site, you agree to be bound by these license terms as well as the specific guidelines related to the materials you wish to download.
2. You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way other than has been specifically authorized by BeatGig in the permissions and trademark guidelines described herein.
3. You acknowledge that BeatGig reserves the right to revoke the authorization to view, download, and print the materials available on this site at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these materials from the site.
4. You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in BeatGig copyrighted materials or trademarks by downloading, copying, or otherwise using these materials.
5. BEATGIG SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF BEATGIG HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
6. ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. BEATGIG SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS.
BeatGig cannot prohibit minors from visiting this Site. BeatGig must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. BeatGig requires that all purchases be made either (i) by individuals 13 years of age or older. EACH TIME YOU PURCHASE A SERVICE AT THIS SITE, YOU ARE REPRESENTING TO BEATGIG THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations and not to transfer, by electronic transmission or otherwise, any Content derived from BeatGig to either a foreign national or a foreign destination in violation of such laws.
We endeavor to provide current and accurate information on our website. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. BeatGig reserves this right at any stage of the online ordering processing, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled and your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. To provide you with a credit, where applicable, is our only obligation to you. BeatGig is not obligated to sell products or services based on errors or misprints on our website.