Terms and Conditions

gigVANA User Agreement
The User Agreement below is for all users effective January 1st, 2023.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH gigVANA OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for gigVANA.com, LLC. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and subdomains of www.gigVANA.com and the general principles for the websites of our subsidiaries and affiliates. Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of gigVANA. We strongly recommend that, after you read this User Agreement, you also access and read other pertinent pages of the gigVANA website, as they may contain further terms and conditions that apply to you as a gigVANA user.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.

1.0 gigVANA is a Platform.
gigVANA.com helps talent buyers, agents and consumers find the right vendors for their stage, wedding, corporate event or private affairs. It is a website used by consumers to search and hire event services such as live bands, DJs, string quartets, dancers, balloon twisters, magicians, comedians, and other event vendors. gigVANA combines the efficiency of the web with the personal touch of a private event planner. Vendors and customers purchasing services share the responsibility for making sure events facilitated by gigVANA are exciting, rewarding, and hassle-free. gigVANA is a site that acts as a platform that allows anyone to buy and sell live event services. In an effort to make the buying experience positive, gigVANA provides direct services which help vendors and customers book their transactions. However, as is the case with sites of this kind, we have limited control over the quality, safety or legality of the services advertised. In the unlikely event there is a dispute, we require gigVANA platform members to comply with our resolution process. Vendors and customers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with gigVANA under the gigVANA Event Protection Policy.
We strongly encourage customers to work with vendors before opening a claim relating to the booking of entertainment. Customers and vendors agree to follow the requirements of the gigVANA Event Protection Policy outlined in section 9.0 with respect to claims. gigVANA protection covers only claims filed in accordance with the gigVANA Event Policy. We may suspend the gigVANA Event Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
Correcting Mistakes in Payments to vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous gigVANA refund or reimbursement.
1.1 Information Control.
We do not control the information provided by other Members and users that is made available through our system. You may find other Members and user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and gigVANA is not responsible for the acts or omissions of users on the Site.
1.2 Fraud.
Without limiting any other remedies, gigVANA may, but is not obligated to, suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
1.3 Review Integrity.
You may not take any actions that may undermine the integrity of the gigVANA review system. We may, but shall not be obligated to, limit the number of reviews you (“vendor”) may place on the Site based upon the level of your reviews.
If you (“vendor”) engage in the practice of libel, slander, foul language, threats and/or threatening language, gigVANA has the right to remove or edit your reviews. gigVANA also has the right not to edit or remove your reviews. Likewise, gigVANA clients are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. gigVANA has the right to remove or edit client reviews. gigVANA also has the right not to edit or remove client reviews.
All reviews will be published live on the gigVANA Site at the discretion of gigVANA. Reviews are not to be used by vendors in order to threaten, harass, blackmail, or extort money, goods/services from clients. If gigVANA concludes that a review has been used by a vendor to threaten, harass, blackmail, or extort money, goods/services from clients, gigVANA shall have the right, but not the obligation, to temporarily suspend or permanently remove said vendor and said vendor’s gigVANA Membership from the gigVANA website.
Reviews are not to be used by clients in order to threaten, harass, blackmail, or extort money, goods/services from vendors. If gigVANA concludes that a review has been used by a client to threaten, harass, blackmail, or extort money, goods/services from vendors, gigVANA shall have the right, but not the obligation, to temporarily suspend or permanently prevent said client from utilizing the gigVANA website to contact gigVANA vendors and book services through the gigVANA website.
A gigVANA vendor may not cancel on a gigVANA client because he or she is afraid of receiving a less than perfect or negative client review after the event has taken place. If you (“vendor”) earn an overall net review rating of 1 (one), gigVANA shall have the right, but not the obligation, to suspend your gigVANA Membership.

1.4 Review Export.
You acknowledge that your reviews consist of comments left by other Members and users and a composite review number compiled by gigVANA, and that the composite number without the comments does not convey your full user profile. Because review ratings are not designed for any purpose other than for facilitating booking between gigVANA Members and users, you agree that you shall not market or export your gigVANA review rating in any venue other than a gigVANA operated website.
1.5 Review Import.
We do not provide you the technical ability to import reviews from other (non-gigVANA operated) websites to gigVANA because a composite number, without the corresponding review, does not reflect your true online reputation within the gigVANA community of Members and users.
2.0 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL gigVANA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF gigVANA OR A gigVANA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
2.1 Release.
Because we are a platform, in the event that you have a dispute with one or more gigVANA Members or users, you release gigVANA (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and 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. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Except as expressly provided in this Agreement, to the maximum extent permitted under applicable law, any sample documents provided or generated by gigVANA (which we call “Sample Documents” in this Agreement) are provided “as is” without any kind of warranty. You accept full responsibility for determining whether any Sample Document is suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in this Agreement, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Sample Documents, or for inaccessibility of Sample Documents whether from errors or omissions in the content of Sample Documents or any other linked sites or for any other reason. Use of Sample Documents is at your own risk.
gigVANA does not represent or warrant that Sample Documents, its server or any linked sites are free of any harmful materials.

3.0 Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4.0 Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of vendor services and other related items.
5.0 No Agency.
You and gigVANA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor/franchisee relationship is intended or created by this Agreement.
6.0 Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to gigVANA, Inc. Attn: Legal Department, 21468 Bancroft Ave, Port Charlotte, FL 33954 (in the case of gigVANA) or to the e-mail address you provide to gigVANA during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to gigVANA during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
7.0 Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by gigVANA to collect our fees and/or recover damages for, or obtain an injunction relating to, the gigVANA site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Port Charlotte, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or gigVANA may seek any interim or preliminary relief from a court of competent jurisdiction in Port Charlotte, FL necessary to protect the rights or property of you or gigVANA pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
8.0 Vendor Membership.
gigVANA has the explicit right, but not the obligation, to suspend and/or remove any gigVANA Member from the gigVANA Website at any time at its sole discretion. Without limiting the previous sentence, gigVANA has the explicit right, but not the obligation, to suspend and/or remove any gigVANA member from the gigVANA website at any time for any breach or suspected breach of the terms of this Agreement.

8.1 General Rules of Conduct
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, “post”) on the web site, or transmit to other Members or clients.
You will not post on the web site, or transmit to other Members or clients, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else’s right to privacy or providing or creating computer viruses.
You will use the website in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the web site is void where prohibited.
You will not provide inaccurate, misleading or false information to gigVANA or to any other Member. If information provided to gigVANA, or another Member or client, subsequently becomes inaccurate, misleading or false, you will promptly notify gigVANA of such change.
You will not engage in advertising to, or solicitation of, other Members or clients to buy or sell any products or services other than live event services through the web site. You will not transmit any chain letters or junk E-mail to other Members or clients.
You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will promptly report to gigVANA any violation of the terms of this Agreement by other Members or clients.
gigVANA reserves the right, but has no obligation, to monitor the materials posted in the public areas of the web site. gigVANA shall have the right, but not the obligation, to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of gigVANA, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Members or clients that are not readily accessible to the general public will be treated as private by gigVANA to the extent permitted by applicable law.
8.2 Not Responding To Client Leads.
gigVANA has the explicit right to temporarily suspend or permanently deactivate the Membership of any gigVANA Member who fails to reply to five or more consecutive gig-alert emails.

8.3 Falsifying Bookings.
gigVANA has the explicit right to temporarily suspend or permanently deactivate the Membership of any gigVANA Member who falsifies bookings and/or client information. Falsifying bookings with an attempt to deceive gigVANA clientele by artificially inflating ratings and booking totals is not permitted.
8.4 No-Shows, Cancellations, & Client Deposit/Balance Payment Returns.
gigVANA has the explicit right to temporarily suspend or permanently deactivate the Membership of any gigVANA Member who has been a “no-show” for more than one gigVANA booking and/or fails to return the client’s deposit or balance payment for said no-show. gigVANA has the explicit right to temporarily suspend or permanently deactivate the Membership of any gigVANA Member who cancels (for any reason) a booking on a gigVANA client and subsequently fails to return the client’s deposit or balance payment.
8.5 Posting of Contact Information.
gigVANA has the explicit right to temporarily suspend or permanently deactivate the Membership of any gigVANA Member who posts contact information on said Member’s gigVANA Profile. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in Profile photos, Profile text, and Profile audio/video samples. Capital letters may not be used when not appropriate in Profile group names and Profile descriptions.
Further, gigVANA has the explicit right to display (on the profile) the first and last name of any Member who adds their Google+ information into their gigVANA account.
8.6 Derogatory Comments & Slander.
Derogatory and/or slanderous comments made by gigVANA Members about other gigVANA Members and/or other non-gigVANA Members are not permitted. Derogatory and/or slanderous comments made by gigVANA Members about other implied gigVANA Members and/or other implied non-gigVANA Members are not permitted.
8.7 Booking Transaction Interference.
gigVANA Vendors may not contact a gigVANA client with an offer or suggestion to book a gigVANA Gig (“Gig” has an assigned gigVANA Gig ID number) outside of gigVANA. gigVANA Vendors are not permitted to interfere with another gigVANA Vendor’s booking. gigVANA Vendors are not permitted to email or telephone gigVANA clients in an open or completed booking to warn them away from hiring a gigVANA vendor. Discouraging clients from hiring other gigVANA Vendor Members is not permitted. Discouraging and/or preventing clients from booking you through gigVANA is not permitted.
8.8 Farming of Client Leads.
The act of ‘farming’ out client leads is not permitted. gigVANA defines ‘farming’ out of client leads as “to give up (as an estate or a business) to another on condition of receiving in return a fixed sum”, meaning – gigVANA’ vendors are strictly prohibited from taking client leads provided to them and transferring these client leads to non-gigVANA vendors and entities. A client lead is only to be utilized by the gigVANA vendor who received said client lead from gigVANA. If gigVANA.com, Inc. discovers that a particular gigVANA vendor is farming out client leads, gigVANA reserves the right to temporarily suspend or permanently remove said gigVANA Member from the gigVANA website and to terminate said gigVANA Member’s Membership.
8.9 Member Profile Photos, Audio, & Video.
gigVANA is committed to providing our Members and Users with a secure, comfortable environment. Nude, obscene, sexual behavior, sexual or otherwise offensive photos, audio samples, or video samples are subject to potential removal. If the subject in your photo would be considered unacceptable on a family friendly public beach or not permitted to be shown on regular television, your photo will not be permitted on gigVANA. gigVANA reserves the right to crop or reject any photo at our discretion. gigVANA reserves the right to reject any audio or video sample at our discretion.
8.10 Memberships Which Dissolve Due to Breakups or Other Extenuating Circumstances.
If a gigVANA Member vendor (“vendor” can be either a solo act (with an agent listed as the contact person on the solo act’s account), duo, trio, quartet, quintet, ensemble or full band) breaks up, gigVANA reserves the right to keep active, transfer, or terminate said Membership at the discretion of what gigVANA deems (“reasonable man”) appropriate, unless outside legal counsel or court of law dictates to the contrary. gigVANA also reserves the right to keep active, transfer, or terminate previous client reviews attached to any gigVANA Member vendor profile at the discretion of what gigVANA deems (“reasonable and”) appropriate, unless outside legal counsel or court of law dictates to the contrary. General rules of thumb:
In the event of a duo breakup, both vendors of the duo will typically need to re-register for brand new gigVANA Memberships in order to remain with gigVANA.
In the event of a breakup involving larger groups (trio, quartet, quintet, ensemble or full band), majorities rule. For example, if a five person band breaks up, and four of the five members remain together, gigVANA will typically give these four members the right to hold onto the original gigVANA Membership and/or previous client reviews.
8.11 Use of Sample Documents
You agree not to use any Sample Documents for any purpose which is against any law in your jurisdiction.
8.12 Membership Termination
gigVANA reserves the right to terminate your membership at our discretion without notice. 

9.0 Event Entertainment Protection Policy.
9.1 Artist Cancellation More Than 14 Days Prior To The Event.
gigVANA will refund the gig request paid amount minus any processing fees and the vendor is not assessed a penalty. 

9.2 Artist Cancellation Within 14 Days Of The Event.
gigVANA will refund the gig request paid amount minus any processing fees and gigVANA reserves the right to issue the vendor a “no show” penalty, gigVANA reserves the right to issue the vendor Strike 1, and the vendor faces possible suspension or termination of Membership. 9.3 Client Cancellation More Than 14 Days Prior To The Event.
gigVANA will refund the booking fee minus any processing fees.

9.4 Client Cancellation Within 14 Days Of The Event.
gigVANA will refund the booking fee minus any processing fees.

10.0 Two Strike Rule.
If gigVANA has warned any gigVANA Member one-time about any Membership violations in this User Agreement, and said Member has corrected and resolved the violation, and then said Member violates anything contained within the gigVANA User Agreement a second time, gigVANA will issue said Member Strike One. If said Member violates anything contained within the gigVANA User Agreement a third time, gigVANA will issue said Member Strike Two and shall have the option to permanently ban said Member from gigVANA Membership effective immediately. gigVANA also has the explicit right to remove any gigVANA Member at any time as circumstances warrant.
11.0 Booking Fees.
There is no booking fees associated with gigVANA. 

12.0 Online Payment Guarantee.

gigVANA offers payment guarantees to the artists. Guarantees are offered by charging the venue 100% of the gig fee at the time that the venue assigns an artist to a published or private gig request. The funds are held until the artist marks the gig request complete and then the venue subsequently marks the gig request approved. Payments are distributed within 24-48 hours a gig requests being marked approved.
13.0 How to Cancel Membership or Disable Automatic Membership Renewal
You may cancel your membership by contacting gigVANA at [email protected]. Since there are no membership fees there are no refunds to be paid. If you have a balance on your account, the transactions will need to be completed before removing your account.
13.1 Disclosures.
The services hereunder are offered by gigVANA.com, Inc.