The following general Terms and Conditions apply to all services provided by the internet portal www.gigmit.com (hereafter referred to as “gigmit.com” or “the Portal”). The present terms and conditions apply exclusively to businesses, as defined in §§ 14, para. 310 of the German Civil Code. gigmit.com is an Internet marketplace for creatives (artists), event organisers (promoters), booking agencies, labels, publishers and other industry stakeholders in the live music sector (herein referred to individually as "the User" and collectively as “the Users”). gigmit.com is available to Users registered on the Portal. Users can use the Portal as themselves, or represent third parties. They can communicate with each other using the Portal's infrastructure and/or conclude and manage contracts, such as agreements concerning specific performances (gigs, performance slots, events, shows etc.), or contracts governing marketing and sales services.

By registering with gigmit.com, the User agrees to the following General Terms and Conditions (hereinafter "GTC"), which form part of a contract between the User and GET a GIG GmbH ("gigmit"), Urbanstraße 116, 10967 Berlin, Germany, concerning the use of the Portal by the User ("User Agreement"). The present GTC also apply to the use of any services provided by gigmit.com free of charge ("GIGMIT FREE").

For the use of additional services against payment, namely products or service packages such as gigmit PRO, PRO Analytics, Premium basic, Premium start, Premium silver, Premium gold etc. (collectively referred to as "GIGMIT PREMIUM" products and/or services), the User needs to conclude additional, separate User Agreements. The present GTC shall also apply to any and all GIGMIT PREMIUM User Agreements, which shall supplement the User's underlying GIGMIT FREE User Agreement, and which can be terminated separately.

1. 1.1. The present Terms and Conditions apply to all Users of gigmit.com. Modifications and additions to the present Terms and Conditions shall only apply if they have been agreed upon in writing and signed by the User and gigmit. The present Terms and Conditions apply to the use of all gigmit services and products, regardless of whether they are provided free of charge or against payment.
2. 1.2. gigmit reserves the right to change these Terms and Conditions at any time and without notice. Any modified or updated terms and conditions will be sent to the User by email at least six weeks before they become effective. If the User does not object to the changed terms and conditions by email within six weeks, they are deemed accepted. Should the User object to the amended GTC, gigmit can block the User's account on the Portal. gigmit will specifically outline the potential legal consequences of an objection in the email accompanying the amended Terms and Conditions.
3. 1.3. For the purposes of the present Terms and Conditions:
   1. a. An "Account" belongs to a specific User. The User first creates a Log-in and sets up at least one profile, either in their own name as a natural person, or as a representative of an organisation, a company, an institution, etc. An Account allows the User to set up several profiles, to contact other Users on behalf of these profiles, and to negotiate and conclude agreements with them;
   2. b. A "Log-in" provides access to the Portal. It is created by the registration and sign-in of a natural person on www.gigmit.com, and results in assigning an Account to the User;
   3. c. A "Profile" is a representation of an industry actor (artist, promoter, agent, label, publisher) created by a User for the purposes of promotion on a "Profile Page", "Artist Page", "microsite" and/or "Promoter Page", created and managed on the Portal by the User.
   4. d. "Registration" refers to the creation, by the User, of a Log-in and of one or more Profiles. It includes the User's access to GIGMIT FREE services;
   5. e. A "User" is a natural or legal person, or an association of persons from the B2B sector, registered with gigmit.com.

1. 2.1. In order to register as a User on gigmit.com, a natural person must first create a Log-in and accept the present Terms and Conditions. Children under the age of 18 but over the age of 14 may register on the Portal only if they obtain the express consent of their legal guardians. Children under the age of 14 are not allowed to register as Users of the Portal. Any personal data required for creating a Log-in are stored in the User Account and can be accessed by the User at any time. Personal data will not be published on the Portal or communicated in any gig applications; the only information to be communicated will be the User's name and location.
2. 2.2. The User may create a Profile under their own name. As the owner of an Account, the User may manage any profiles associated with or assigned to that Account.
3. 2.3. The User may also create Profiles in someone else's name, or assign a Profile to a different Account, under the following conditions:
   1. a. Creation of profiles under different names by the administrator of an Account: Users over the age of 18 may create unlimited profiles. Any User registering as an Administrator for a legal person, such as an association, company or an institution, hereby ensures gigmit that they are authorized to represent the legal person(s) in question. A Profile is only created when gigmit approves the conclusion of the User Agreement.
   2. b. Profile assignment: Profiles may be assigned to, or associated with multiple Accounts, following User approval.

1. 3.1. The Registration on, and use of the Portal are free of charge; however, GIGMIT FREE does not allow Users unlimited access to the full range of services provided on the Portal. A successful Log-in or the creation of a Profile by the User merely represents an offer to conclude a User Agreement regarding the use of GIGMIT FREE or, where applicable, of GIGMIT PREMIUM services. gigmit reserves the right to accept or reject this offer. The conclusion of a User Agreement lies at gigmit's discretion; the User does not have a right to demand the conclusion of a User Agreement with gigmit.
2. 3.2. Once the User has created a Log-in and set up their first Profile, gigmit will confirm the conclusion of a GIGMIT FREE or GIGMIT PREMIUM User Agreement by contacting the User at the email address provided by the latter. The confirmation email will activate the above-mentioned User Agreement. Should the User choose to sign up for GIGMIT PREMIUM services at a later stage, having already completed the registration process for GIGMIT FREE, the same confirmation process shall apply. The GIGMIT PREMIUM User Agreement shall be activated upon reception of a confirmation email by gigmit. When concluding a User Agreement with gigmit, the User shall not require a notification of acceptance, in accordance with §151 of the German Civil Code.
3. 3.3. The User is responsible for all actions carried out through their Account and all associated Profiles. The User must provide truthful and complete information, in particular with regard to the age and identity of the natural person associated with a User Profile.
4. 3.4. Should the misuse of a Log-in Account or a User Profile be due to the negligent or intentional actions of a User, said User shall be liable for any damages incurred. The User accesses and uses the Portal at their own risk. This applies in particular to the use of any content downloaded from or otherwise provided by the Portal or other Portal users. The User must keep all Log-in information confidential. As soon as the User becomes aware of unauthorized access to their Log-in information by third parties, they must inform gigmit without undue delay. This also applies to any other misuse of the Account that the User may become aware of.
5. 3.5. The User may not engage in any illegal activity while using the portal. In particular, the User may not:
   1. a. Save, publish and/or transmit content (such as statements, information, images, or other data) or external links that violate the rights of third parties, or any content that is unlawful, immoral, harassing, insulting, obscene, pornographic, violent, youth-endangering, racist and/or discriminatory, or otherwise inappropriate;
   2. b. Collect, copy, distribute, or use the content or data stored on the platform by other users without their prior explicit consent;
   3. c. Harass, threaten, insult, slander, discriminate based on sex, race, religion or other beliefs, or knowingly disseminate information that is untrue;
   4. d. Provide links to third-party content that violates these Terms and Conditions or any other legal provisions;
   5. e. Communicate their or any other User's Log-in information to unauthorized third parties;
   6. f. Use the Portal for illegal advertising or marketing.

1. 4.1. With regard to services falling under GIGMIT PREMIUM, the content, scope, duration and price of any such services is determined by the current offer outlined on the Portal.
2. 4.2. Any fees associated with the use of GIGMIT PREMIUM services are payable in advance; depending on the particular offer, they may be payable on a monthly or annual basis. The administrator and owner of a specific Profile is always the person responsible for covering any fees associated with the use of any GIGMIT PREMIUM services, and the recipient of all relevant invoices.
3. 4.3. Payments can be made using any of the payment methods proposed by gigmit, such as by invoice or by credit card. gigmit reserves the right to modify or expand the available payment methods.
4. 4.4. Invoicing is done digitally; the User accepts that there will be no invoicing in printed form. Invoices shall either be sent to the User by email or stored in the User’s Account on the Portal, where they can be accessed at any time. If the invoices are stored online, only the initial invoice shall be sent by email upon the conclusion of a new User Agreement. Subsequent invoices, where applicable, will not be sent by email.
5. 4.5. When payments are made by direct debit, the User must ensure that the bank details provided are correct, that they have access to the bank account in question, and that sufficient funds are available at the time of payment. Any costs associated to failed payments, especially return debit and reminder fees, are payable by the User. This does not apply if gigmit is responsible for the failed payment. Payments between the User and gigmit may be processed by a service provider, or directly by gigmit. All information required for the processing of payments will be used by the service provider and/or gigmit exclusively for that purpose, and transmitted securely via the "SSL" protocol.
6. 4.6. All prices are exclusive of VAT, which, if applicable, is clearly noted in the relevant invoice, if not at an earlier stage.
7. 4.7. If the User defaults on payment, gigmit may, after a reasonable period of time and at least ten days after a notification email, suspend their access to any contractual services, terminate their contract without notice, and/or block the User's access to their Account or to individual Profiles. All above-mentioned measures are lifted once all outstanding invoices have been paid in full. If the User has been blocked from accessing gigmit services due to outstanding payments, the duration of their User Agreement will not be prolonged accordingly.

1. 5.1. A GIGMIT FREE User Agreement can be terminated at any time and without justification, unless a GIGMIT PREMIUM product is associated with it, because the use of GIGMIT PREMIUM requires an underlying GIGMIT FREE account. The underlying GIGMIT FREE User Account remains in effect even after the termination of any GIGMIT PREMIUM products associated with it, unless it is canceled separately.
2. 5.2. The deadline for the ordinary cancellation of a GIGMIT PREMIUM User Agreement depends on the product-related offer as outlined on the Portal. The offer, as it is presented on the Portal, shall form the content of the ensuing User Agreement. If the User does not cancel their contract for a GIGMIT PREMIUM product within the applicable deadline, the GIGMIT PREMIUM User Agreement will be automatically renewed for a period equal in length to the one agreed upon in the initial Agreement. In such a case, the duration of the extension period and any fees incurred will be determined in accordance with the conditions outlined when the GIGMIT PREMIUM Agreement was originally signed.
3. 5.3. gigmit may terminate any existing GIGMIT FREE and/or GIGMIT PREMIUM User Agreements and/or Profiles at any time without notice for an important reason, and in particular in the event of a breach of the present Terms and Conditions or of any other legal provisions.
4. 5.4. Notice of termination must be given in writing. A notice of termination by the User may be communicated to gigmit using the email address cancel@gigmit.com. Moreover, the User may cancel any GIGMIT Premium services by accessing the "Manage membership" section of their Account and clicking the "Cancel" button of the relevant GIGMIT PREMIUM service. The termination is confirmed by a notification on the User's profile, as well as by email. Should gigmit wish to terminate a User Agreement, it will do so by sending a notice of termination to the email address provided by the User.

1. 6.1. When creating a Profile, Users must submit personal information, some of which may be required as mandatory for the creation of the Profile. Users will be asked to submit such information when creating their Profile, and may edit or modify that information at any time. All mandatory information is indicated by an asterisk. The Profile contains all essential information regarding the User. The information contained on the Profile will not be disclosed beyond the Portal. That information may be used for various purposes, including for optimally connecting Users on the Portal. gigmit bears no responsibility for the true identity of the persons behind the individual Profiles, as it does not verify that information.
2. 6.2. Users can create and customize their presence on the Portal (for example, by creating a microsite, an artist page, or a promoter page). For that purpose, certain information may be extracted from the User's Profile, including the name of the User's authorized representative. Users may also add their own content and provide additional information. The User may also decide whether their microsite, artist page, or promoter page can be viewed exclusively by registered Portal Users or made publicly available to non-registered guests to the Portal. Microsites, artist pages and promoter pages serve as electronic press kits (EPK): the ensure the easily accessible, clear and comprehensive representation of the User in all business transactions.

1. 7.1. Users connect on the Portal by creating events and other content within their Profile, publishing them on the Portal, and then submitting and/or accepting applications. Only the Administrator of a specific Profile is allowed to carry out these actions. Based on the information submitted with an application and the information available on the artist's microsite, it is easy find and select the right applicant.
2. 7.2. A non-binding offer for the created event is submitted and accepted electronically by the Users involved, by clicking on the designated buttons on the Portal, usually marked "Send offer" and "Accept offer". Before submitting an offer, the User will be provided with an overview of all agreed conditions and the total costs.
3. 7.3. Contracts for created events are concluded electronically by mutual confirmation by both parties, using the designated buttons on the Portal, usually marked "Send contract offer" and "Accept contract offer". Before submitting a contract offer, the User will be provided with an overview of all agreed conditions and the total costs.
4. 7.4. gigmit is in no way involved in the initiation of these agreements. It does not hold an intermediary or advisory role, does not become a contracting party, does not host or create any events itself, and does not participate in the conclusion of any event contracts.
5. 7.5. Any contracts between Users are composed of contract modules proposed by gigmit, which are selected and thus activated by the Users themselves. The User understands and accepts that gigmit assumes no liability for the completeness, correctness or for any legal consequences of these components. Contract modules help Users determine the content of their contracts, and do not replace legal advice from a lawyer. Users can include additional clauses or make modifications using the free text fields provided, in particular under the heading "Other provisions". They also have the option to conclude additional agreements outside of the Portal.
6. 7.6. gigmit ensures that the Portal shall be accessible and available 97% of the time, on a monthly average basis. This obligation is considered fulfilled as long as the actual accessibility rate does not fall below this value on a monthly average.

1. 8.1. The User may upload, publish and transmit content on the Portal directly. gigmit does not claim ownership to that content; Sections 9.2., 9.3. and 9.4. remain unaffected. gigmit does not control or moderate any posted content. gigmit bears no liability for the correctness, adequacy, completeness and quality of such content. It reserves the discretionary right to reject, block, or delete, totally or partially, any content published on the Portal, without providing any justification or notice.
2. 8.2. By uploading and posting content, the User grants gigmit a non-exclusive right to use said content. This right of use is unlimited in terms of location and time (but may be revoked at any time by the User), and limited in its purpose, as such content may only be used for the purposes of making it available on the Portal. This includes, in particular, the right to storage, public access, configuration, formatting, technical processing, transmission and display of the content on any device, including mobile devices (and all processing necessary for the display on such mobile devices). This also includes gigmit's right to generate short text excerpts using the uploaded content ("Samples") as well as reduced-size images ("Thumbnails") and copies of microsites ("Screenshots"), and to make them publicly available on the Portal and to other third parties. The User understands and acknowledges that the technical requirements of our services may make it necessary to carry out transmissions via various networks and/or to make necessary modifications to User content to meet the technical requirements of networks or other technical facilities, in order to ensure that any content and publications can be found by search engines.
3. 8.3. By uploading press material (such as images or texts), the User grants other Users of this platform the non-exclusive, locally and temporally unlimited right to use the content in question. That right can be revoked at any time, and is limited in its purpose, as any such content may only be used for marketing and promoting events. This includes in particular the right to save, copy, and pusblish the content.
4. 8.4. By uploading and posting a catering and/or technical rider, the User grants other Users of this platform the non-exclusive, locally and temporally unlimited (but revocable at any time) right to use said content. That right of use is limited in its purpose, as such content may only be used for the purpose of holding an event. This includes in particular the right to store and copy the content in question.
5. 8.5. The User hereby confirms that they have all the necessary rights to all content that they upload and publish on gigmit.com, and that no rights of third parties are violated. In the event of any claims by third parties, Section 12 below shall apply.
6. 8.6. Should the User become aware of any violations, they should notify gigmit without undue delay, at the following address: support@gigmit.com.

1. 9.1. All processing of personal data is carried out in compliance with the relevant data protection provisions, in particular the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG), in accordance with the Data Protection Declaration available here.
2. 9.2. gigmit has the right to collect, process and use any data provided by the User, as well as any data collected in connection with the User's use of the service, in compliance with all applicable legal provisions, insofar as this is necessary for the smooth functioning of the Portal and/or required for the processing and management of contractual relationships. gigmit also has the right to save content and transmit such content to third parties, insofar as this is required by law or necessary and legally permissible, after due consideration.

The Portal contains links to other websites. gigmit has no control or influence over the content and design of any such website. Any responsibility for the content of linked pages lies with the providers or operators of such pages. As soon as it becomes aware of any legal violations, gigmit will immediately check such links and, if necessary, remove them.

1. 11.1. gigmit bears no responsibility for the relevance, correctness, completeness or quality of any information provided by Users of the Portal.
2. 11.2. gigmit works hard to make the Portal fully available, but cannot guarantee it at all times. Maintenance, security or capacity issues, as well as events that are not within gigmit's control (such as power failures, etc.) may lead to brief interruptions to the services provided by gigmit.com.
3. 11.3. gigmit is liable for any damages, except in the event of a breach of essential contractual obligations, only if, and to the extent that said damages can be attributed to the intentional actions or gross negligence of gigmit, its legal representatives or its other agents.
4. 11.4. The aforementioned exclusions and limitations of liability do not apply to any damage resulting from injury to life, limb of health, or to the fraudulent concealment of defects by gigmit, or in the case of product liability claims.
5. 11.5. Any claims for damages against gigmit come under a statute of limitations of 12 months from the time when the claim arose and the User became aware of the circumstances underlying the claim or would have become aware without gross negligence. Any damage claims according to section 11.4 above are excluded from the aforementioned statute of limitations.

The User holds gigmit harmless from all claims made by other Users or third parties on the basis of or in connection with any content that the User stores, publishes and/or transmits, or any claims associated with the User's use of the Portal, or due to violations by the User of the present Terms and Conditions or of any third party rights. All rights to the Portal and the "gigmit" or "GET a GIG" designations, in particular any trademarks, copyright, performance protection rights, license rights or other rights or comparable legal protections on the Portal (except for any User content) are reserved exclusively to gigmit. No part of the Portal may be used for commercial purposes without the prior written consent of gigmit.

1. 14.1. Any agreements and/or contracts between gigmit and the User shall be governed by the laws of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. 14.2. To the extent that it is permissible by law, all disputes shall fall under the jurisdiction of the Courts of Berlin, Germany.
3. 14.3. Should one or more provisions in the contract be or become ineffective for factual or legal reasons, the effectiveness of the remaining contractual provisions will remain unaffected. In such a case, gigmit and the User shall agree to replace any ineffective provisions with provisions which are as close as possible to the original in their economic effects.

Terms and Conditions (Version July 2014)