Last modified: August 11, 2016
These Terms of Service (the “Terms”) govern the relationship between you and Tatbeq, LLC (hereinafter, “Company,” “us,” or “we”) regarding your access to and use of this website (the “Website”) and mobile applications (the “Applications”), and products and services we provide through or in connection with the Website and Applications, including any products or services that facilitate your use of such services (collectively the “Service”). The Service is owned and operated by the Company.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT. BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH THE WEBSITE AND APPLICATIONS, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE.
Use of the Service is also governed by the following policies, which are incorporated herein by reference:
We may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your use, if any, of such services is subject to such specific policies and these Terms.
Subject to your agreement to, and continuing compliance with, these Terms and any other relevant Company policies, we grant you a non-exclusive, non-transferable, revocable limited right and license to access and use the Service. As used in these Terms, “Other User” means another licensee or user of the Service; “All Users” means you and all Other Users.
An individual must be at least 18 years of age to use the Service.
You must register for an account (an “Account”), to use certain features of the Service. You may only register for one Account. “Account Holder” means the person or entity in whose name an Account is registered. A “Third Party Account” means an Account not registered by you.
The following restrictions apply to the use of the Service:
1.7. Suspension and Termination of Account and Service:
The Service, and all of its components and contents, (including without limitation any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by the Company or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.
We may, in our sole discretion, create promotional codes and/or referral credits that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms we establish on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used in a lawful manner for the intended purpose; (ii) may not be sold, duplicated, or transferred in any manner, or made available to the general public (including, without limitation, posting to a public form or otherwise), unless we expressly so permit; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or reasonably believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of these Terms or applicable Promo Code terms.
2.3. Posted Content:
“Posted Content” means any information, content, communications, videos, images, sounds, and all the material, data, and information that you upload, post, publish or transmit through the Service, and any social media platform on which we have a page or account. By transmitting or submitting any Posted Content you assume all risks associated with the Posted Content and affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content; (c) will not result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code. You further represent and warrant that you have all rights necessary to transmit Posted Content to us and to grant the rights in Posted Content granted to us under these Terms.
You hereby grant us a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof. We will only exercise the rights granted in this Section 2.3 to offer or to facilitate the offering of Services. To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content. We will cease any further public display or distribution of any Posted Content if you use the features of the Service that permit you to indicate that certain Posted Content is to no longer be displayed or distributed to Other Users except we retain the right to display or distribute any Posted Content as necessary for us to fulfill legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.
In order to promote the exchange of information about Users, our Service may permit you to rate the performance of Artist(s) you book, and vice versa, and you consent to such ratings being published and calculated through the Service. We may remove or not process any ratings if we believe that such ratings may be fraudulent or invalid.
You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that arises between you and any Artist or other User. If you are a California resident, you acknowledge that you are aware of, understand, and waive any rights you may have under the provisions of California Civil Code Section 1542, which provides: “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.”
We may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit. Any charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods, or services provided by any third party even if linked from our Service, and we will not be liable for any claim relating to any third party content, goods, or services. The linked sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply our endorsement of these linked sites.
If you believe any materials, content on the Website, Applications or otherwise contained in the Services infringes upon your copyright, we have procedures in place for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act (“DMCA”). All claims of copyright infringement and/or defamation must be delivered to us in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
325 Wilshire Blvd., 2nd Floor
Santa Monica, CA 90401
Attn: Copyright Agent
To be effective, each notice must be in writing and contain the following information: (i) A physical or electronic signature of a person authorized to act on behalf of (a) the owner of an exclusive right that is allegedly infringed or (b) the person defamed; (ii) A description of the copyrighted material claimed to have been infringed upon; (iii) A description of the location of the allegedly infringing material reasonably sufficient so as to enable us to identify and locate the potentially infringing material; (iv) A statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by the copyright or other proprietary right owner, its agent, or under the law; and (v) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon or on behalf of the person defamed. We reserve the right to terminate without notice any user’s access to the Service if that user is determined by us to be a “repeat infringer.” In addition, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
You understand that the Service undergoes frequent changes. We may require that you accept updates to the Service in order to continue using the Service. You acknowledge and agree that we may update the Service without notifying you. YOU FURTHER ACKNOWLEDGE THAT CERTAIN FEATURES OF THE SERVICE MAY BE ALTERED OR DISCONTINUED AT ANY TIME IF WE REASONABLY BELIEVES THAT SUCH ALTERATION OR DISCONTINUANCE IS NECESSARY TO BE IN COMPLIANCE WITH APPLICABLE LAW.
You agree to defend, indemnify, save, and hold the Company parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.
If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity (a “Claim”) that arises out of these Terms, the Service, or any products or services provided by us in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Other than those matters listed in Section 7.2, you agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 7, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
YOU AND THE COMPANY AGREE THAT ANY CLAIM FILED BY YOU OR BY THE COMPANY IN SMALL CLAIMS COURT OR BY US RELATED TO PROTECTION OF OUR OR ANY COMPANY LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 7.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO THE COMPANY, ATTN: TERMS ADMINISTRATOR, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH THE COMPANY THROUGH ARBITRATION.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE COMPANY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
If you or the Company elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it with the American Arbitration Association (“AAA”). The terms of this Section 8 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
You and the Company agree that the Service, and products and services offered through or in connection with the Service, involve interstate commerce. The Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes and any arbitration conducted pursuant to these Terms. However, applicable federal or state law may also apply to the substance of any disputes. For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to, and negotiated in good faith with, the Company as described above, and if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Company or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You or the Company may initiate arbitration in either Los Angeles County, California or the county in which you reside. If you initiate arbitration in the county of your residence, the Company may transfer the arbitration to Los Angeles County, California provided that we agree to pay any additional fees or costs you incur as a result of the change in location, as determined by the arbitrator.
If any clause within this Section 7 (other than the Class Action Waiver clause of Section 7.4) is found to be illegal or unenforceable, that clause will be severed from this Section 7 and the remainder of this Section 7 will be given full force and effect. If the Class Action Waiver (Section 7.4) clause is found to be illegal or unenforceable, this entire Section 7, except for this Section 7.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND THE COMPANY EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
This Section 7 shall survive any termination of the Terms.
We may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without our prior written consent; any purported assignment or delegation in violation of this Section 8.3 is void.
325 Wilshire Blvd., 2nd Floor
Santa Monica, CA 90401
Attn: Terms Administrator
You acknowledge that the rights granted and obligations made under these Terms to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone, so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 6.2.
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.