Testimonials
Planning and booking a tour used to be difficult - not anymore! The interactivity our users experience combined with the most current and comprehensive venue database available today is what makes MapGigs 'Your Route to Success'!
Paul Hermosa
Co-Founder
Terms of Use
MapGigs, Inc. ("MapGigs") has created this web site to provide an online resource for artists.
To assist you in using our website located at www.MapGigs.com ("Web Site" or "Site”), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a set of Terms and Conditions of Use and a Privacy Policy.
Our Terms and Conditions of Use govern your use of our Site generally and our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site. Please read our Terms and Conditions of Use and our Privacy Policy carefully - they impose legal obligations on you. By using or accessing our Site, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.
MapGigs Services are hosted in the United States.
MapGigsSM Terms and Conditions of Use
Overview
These Terms of Use are effective as of September 16, 2008
These Terms and Conditions of Use ("Terms of Use") constitute the agreement between you and MapGigs regarding your use of our Site. In these Terms of Use, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to MapGigs, Inc.
By using or accessing the Site, you are accepting the practices described in these Terms of Use. These Terms of Use cover the site located at www.MapGigs.com. Accessing our Site signifies that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered member of MapGigs. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. It is your responsibility to regularly check this page to determine if changes have been made to these Terms of Use and to become familiar with any changes. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.
If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) our Site.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Site, including designs, text, graphics, pictures, video, information, applications, data compilations, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of MapGigs or of others and used by MapGigs with permission, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without MapGigs prior written permission. Provided that you are in compliance with these Terms of Use, you are granted a limited license to access and use the Site and the Site Content, and to download or print a copy of any portion of the Site Content to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. The limited personal use license being granted to you is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods.
You may not distribute the Site Content in any manner, or upload or republish Site Content on any Internet, Intranet or Extranet site, or incorporate Site Content or any part thereof in any database, compilation or derivative work. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of MapGigs, is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may also violate applicable laws including U.S. and foreign copyright and trademark laws and communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license of intellectual property rights. This limited personal use license being granted to you is revocable at any time without notice and with or without cause.
The terms and names MapGigs and MapGigs.com are service marks belonging to MapGigs, Inc. and may not be used in any manner without MapGigs prior written permission.
Modifications
We may make improvements or other changes to the Site or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time for any reason.
Membership Eligibility
MapGigs makes venue contact information and venue mapping (“MapGigs Services”) available to those who register for membership with our Site. Registration and membership is void where prohibited. This Site is intended solely for users who are 14 years of age or older. Any registration by, use of or access to the Site by anyone under 14, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 14 or older and that you agree to abide by all of the terms and conditions in these Terms of Use.
Registration Data; Account Security
In consideration of your use of the Site and membership with MapGigs, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification (“Account Security”); (c) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place on or through your account.
Fees for Registered Users
If you become a registered user or member of the Site, certain portions of your use of and access to the Site may be subject to payment of fees to us. We offer different subscription and credit packages for different fees as identified on our Site. You acknowledge that MapGigs reserves the right to charge for the use of any portion of the MapGigs Site and/or Services and to change these fees (if any) from time to time at its discretion.
Refund Policy
All sales transacted through the Site are final. In the event that, in our sole discretion, we decide to extend you a refund, the form and amount of such refund is also at our sole discretion.
There is no cash back refund or guarantee. However, we do offer a 100% refund of site credit for inaccurate information. In order to qualify, you must submit your request within 5 business days of purchase through the “Report Venue” link under the venue’s “Notes” section. Please allow up to 10 business days to be reimbursed site credit. If MapGigs terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Cancellation Policy
There is no fee to cancel. Please note, if you cancel your membership, you will no longer have access to your account and your tour information will be deleted. Please allow 5 business days for membership cancellation. MapGigs does not prorate subscription fees, therefore if your account was charged during the cancellation process, it will not be refunded.
You may email your cancellation request to Membership@Mapgigs.com. Cancellation requests must contain the following: first name, last name and email address. Submitted information must be identical to the account information on file. If your information has changed, you must update your membership information prior to canceling.
Prohibited Uses
You may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site or interfere with the use of the Site by others, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site. You may not use the site in any manner that would violate any law or regulation or that would expose MapGigs to liability. You may not reverse engineer, link, frame or modify any portion of the Site without MapGigs prior written consent.
MapGigs Venue Transactions
One MapGigs Service made available to registered members is the ability to locate and link through to convenient venues (“MapGigs Venues”). Any and all transactions between you and a MapGigs Venue are the sole responsible of the parties. MapGigs maintains no affiliation with MapGigs Venues and is not in any way responsible for their conduct. You are advised to conduct such investigations and inquiries prior to entering into a transaction with a MapGigs Venue as you would with any other business.
You acknowledge and agree that MapGigs is not responsible or liable in any way for any action or inaction of a MapGigs Venues irrespective of its nature or form. We reserve the right, but have no obligation, to monitor disputes between our users and MapGigs Venues. Our decision to receive information concerning and monitor a dispute shall not give rise to any duty or liability on the part of MapGigs.
MapGigs does not guarantee any specific results from the use of the Site and/or the services made available on or through the Site including the MapGigs Venue Service.
Submissions; Testimonials
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, testimonials or other information about the Site or the MapGigs service provided by you to MapGigs ("Submissions") are non-confidential and may be used by MapGigs in its sole discretion. MapGigs shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, including posting or disseminating such Submissions on the Internet, without acknowledgment or compensation to you.
Disclaimers and Limitation of Liability
THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS". MAPGIGS AND ITS AFFILIATES IF ANY, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTENT PROVIDERS, WEBDESIGNERS AND LICENSORS DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MAPGIGS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR MISUSE OF THIS SITE, ITS CONTENT, OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES OR WITHOUT OTHER MALICIOUS PROCESSES. YOU, NOT MAPGIGS, ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.
In no case shall MapGigs be liable to you for any amount greater than the amount of registration or membership service fees paid by you to MapGigs.
MapGigs uses reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content's accuracy, correctness or reliability.
The Site incorporates links to third party websites and third party websites may link to this Site. For example, the Site includes links to MapGig Venue sites. These third party sites are not controlled by MapGigs and MapGigs is not responsible for any content or representations contained on such website or any loss or damage suffered by you in relation to your use of such websites. You agree to waive any and all claims against MapGigs resulting from MapGigs inclusion in the Site of links to third party websites, including specifically to MapGigs Venue sites, as well as claims arising from your use of these websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Arbitration
You agree that, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use or the Site, including your visits to or use of the Site, shall be final and binding arbitration to be held in Honolulu, Hawaii.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Site, including any arbitration or claim involving a MapGigs Venue, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the MapGigs Services, including your visits to or use of the Site, be instituted more than two years after the cause of action arose.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Site, including any arbitration or claim involving a MapGigs Venue, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the MapGigs Services, including your visits to or use of the Site, be instituted more than two years after the cause of action arose.
Governing Law; Venue and Jurisdiction
By visiting or using the Site, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MapGigs. With respect to any disputes or claims not subject to arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Hawaii, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Hawaii.
MapGigs makes no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who access this Web Site from such locations do so at their own initiative and are solely responsible for compliance with all applicable domestic and local laws.
Assignment
You agree that MapGigs may transfer or assign its obligations under these Terms of Use in conjunction with the sale or transfer of some or all of the Site, on the condition that the transferee assumes MapGigs obligations hereunder.
Indemnity
You agree to indemnify and hold MapGigs and its affiliates if any, and each of their directors, members, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your (or anyone accessing the Site through your account) use of the Site, use of Site Content, conduct in connection with the Site or with other Site users, or violation of these Terms of Use, any right of another, or of law.
Survival
If any provision of these Terms of Use or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. No waiver of any provision of these Terms and Use or the Privacy Policy shall be deemed a further or continuing waiver of such provision.