Effective as of August 1st, 2024.
- Introduction
- Services of GigfreQ
- Contract conclusion, access to and registration for the Website
- Terms of use for the Musician
- Limitations of liability
- Term and termination
- Usage rights
- Intellectual Property Rights
- Links To Other Web Sites
- Changes to the Terms of Service
- Governing law and jurisdiction
- Data protection
- Contact
We at GigfreQ ("We", "Us") welcome you to use the GigfreQ services (the "Services"), available through the GigfreQ website https://www.gigfreq.com (the "Website"), provided by us as service provider.
GigfreQ is an online platform designed to connect professional musicians, ensembles, musical bands (‘’Musicians’’) and users of their musical services (event organisers, theatres, agencies, associations, public institutions, private companies, private individuals etc.) ("Users").
These Terms of Service (collectively the "Terms") set forth the legally binding terms and conditions which are applicable to your use of the Service. Please be reminded that the Terms constitute an agreement between you and Us and define the rights and responsibilities that you have with respect to the Service. Therefore, we encourage you to carefully familiarize yourself with the Terms before accessing or using our Service or any part of the Website.
You must accept these Terms to create the account/profile and to access or use the Service. If you do not have an account/profile, you accept these Terms by using any part of the Service, including browsing and using the Website. By registering with the Service and/or by clicking an "I accept" or similar button and/or by installing, accessing or using the Service (including any software or application forming part of the Service) you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by this agreement.
This Website is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Website or GigfreQ Services.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with Us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and/or Services.
Through the Website, We offer Musicians possibility to publicize their services and available, open slots for performance of those services, whereas Users have the opportunity to search for Musicians and their availability, and get in contact directly with the Musicians for potential engagement. Any potential engagements and contracts initiated through the Website are exclusively between the Musician and the User. GigfreQ is not a party to these contracts.
Use of the Website and GigfreQ services is free of charge. We may introduce subscription fees. Musician will be notified by email at least 8 calendar days prior to introduction of the subscription model.
Use of the Website is possible without registration. However, the Website is available to unregistered users only to a limited degree.
Registration is required to make use of the other Services provided on the Website, to publish and apply for open services and connect with other users.
Musician registers to Services by entering the required information (email address) in the registration form. By entering the email address in the registration form and clicking on the ‘’Create or update account’’, You confirm you accept and agree to the Terms of Service and that you have read and understood our Privacy Policy. We will send an activation email to the Musician’s registered email address. By clicking the activation link received by email, Musician’s profile shall be created and the contract between Us and Musician, governing use of the Website for registered users, shall be concluded.
Registration and access is provided by Us on an individual basis. You are responsible for the use of the Service with your user account. You must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account. If We obtain knowledge of unauthorized use, We are entitled to block access.
Your right to use the Service is personal to you, and each individual is only allowed to create one account in the Service. You agree to register with your account only once and not to create duplicate accounts or false accounts. You cannot transfer, assign or share your registration. You agree to provide current, complete and accurate personal information or information related to the organization you represent.
Once registered as the Musician, You are solely responsible for the content connected with your account/profile. We will review and approve only the first content You posted on our Website. Any other content and posts on the Website shall not be reviewed or managed by Us.
You agree that We automatically publish on our social media information you submitted when registering and creating your account (''meet a new member'' feature). You may opt out of this feature in Your profile interface.
You will not post in the Service, or transmit to other users of the Service, 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). "Junk mail," "chain letters," or "spam" are prohibited. Your content that purports to solicit passwords or personal data for commercial purposes (not approved by Us) or unlawful purposes from other registered users of the Service is prohibited. You will not provide inaccurate, misleading or false information to Us or to any other registered user of the Service. If information provided to us, or another registered user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify Us of such change.
We may, but have no obligation to, in our sole discretion and without notice, review and
delete any content that we find non compliant with our Terms of Service.
You acknowledge and agree that Your Content, whether publicly posted or privately
transmitted to the Service, is your sole responsibility. We disclaim any responsibility for the
backup and/or retention of any of Your Content transmitted to the Service. If you transmit
Your Content to the Service, you understand and agree that Your Content may be
reproduced, distributed, publicly performed and publicly displayed on the Service for the
purpose of providing the Service.
Musicians will be notified of any updates regarding our Services via MailerLite service. You may opt out of this feature in the newsletter email.
We provide no guarantees as to the accuracy and completeness of the information entered by Musicians and/or users.
Since We are not a contractual partner in the contracts concluded between Musicians and the Users, We expressly disclaim any liability for any claims that may arise from violation of such contractual obligations.
We will take reasonable measures to ensure the stability and security of the Services and the Website. However, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet Service provider, and other service providers cannot be assured. Thereby, we will not be held liable for the eventual interruptions or difficulties in availability of our Services.
We try to keep the Website safe and bug free but You use it at your own risk. We are providing our Services ‘’as is’’ without any expressed or implied warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose and non- infringement. We do not guarantee that our Services will always be safe, secure or error-free or that it will always function without disruptions, delay or imperfections. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service.
To the maximum extent permitted by applicable law, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, loss of data, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service, including, without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage. in some jurisdictions the applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, our liability will be limited to the fullest extent permitted by applicable law. In all cases our maximum liability is limited to any potential fees paid by you to us.
We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service at any time. If You violate these Terms of Use and / or applicable law, We are entitled to block the use of the Website and Services, temporarily or permanently. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
If you want to terminate your legal agreement with Us and stop using the Services, You may do so by sending a written request from the email address registered in your account to our contact email: info@gigfreq.com
The rights to the content entered and shared by the Musicians or Users continue to be owned and held by the respective Musician / User. In order for this content to be made accessible to other Musicians / Users through the Website, the Musician / User grants to Us a simple, non-transferable, global, temporally unrestricted and revocable right to use of the submitted content for the publication, hosting and dissemination of the content on the Website in accordance with the settings configured by the Musician / User in this regard. The Musician / User ensures that the content submitted by it does not infringe any third-party rights and the User is authorised to grant the aforementioned usage rights.
The User may revoke the usage right granted to Us at any time by the Musician / User by deleting the submitted content.
The User may revoke the usage right granted to Us at any time by the Musician / User by deleting the submitted content.
With the exception of the content provided by You, all other content on the Website is either owned or licensed by Us and is subject to copyright, trademark and other intellectual property rights.
You agree not to engage in use, copying, distribution or otherwise exploiting of any of our content for any purpose whatsoever, without our prior written consent or without referencing Gigfreq as a source.
Our Service may contain or facilitate links to third-party web sites or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide or facilitate links to external websites as a convenience, and the inclusion of such a link by us or by you to external websites do not imply our endorsement of those websites.
From time to time, we may modify or amend the Terms at our sole discretion. If we do so, we will post any such modifications or changes in the Service. If you continue to use the Service following such posting, you accept any such change or modification.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, excluding the conflict of law provisions. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent court in Rijeka, Croatia.
Regarding collection and processing of your personal data, please read carefully our Privacy Policy.
If you have any questions about these Terms or would like to report violation of these Terms, please contact Us at info@gigfreq.com