Welcome to BidaGig.com, the original online marketplace devoted solely
to connecting the arts and live entertainment with consumers. By
accessing and using this Site, you confirm and agree to be bound by
these Terms and Conditions and all other agreements and policies
referred to in this Agreement. We reserve the right to revise the Terms
and Conditions from time to time without prior notice.
BidaGig makes it’s Site available as an online marketplace where
Consumers of artistic and entertainment services
(“Consumer(s)”) and providers of artistic and entertainment
services (“Artist(s)”) can interact in posting, bidding,
awarding and accepting Gigs (“Gigs”). Consumers may, among
other things, post Gigs, browse Artist profiles and award Gigs.
Artists may, among other things, establish an online presence through
an interactive profile, promote themselves and their services, browse
Gig listings, submit bids and get hired.
RELATIONSHIPS BETWEEN THE PARTIES
All transactions are solely between Consumers and Artists and take
place outside the Site. BidaGig is not a party to them.
BidaGig’s sole function is to provide an online marketplace to
facilitate the exchange of information between Consumers and Artists
and to enable them to enter into transactions with each other. In
entering into such transactions and in using this Site, both the
Consumer and the Artist acknowledge and agree that each is acting as an
While BidaGig requires its members to provide accurate and truthful
information on its Site, it has no control over and cannot guarantee
the accuracy or truthfulness of such information. Information
provided by Consumers and Artists and appearing on the Site does not
constitute an endorsement or recommendation by BidaGig.
The value, reputation and goodwill of the site depend upon Consumers
and Artists using the Site in good faith in accordance with these Terms
and Conditions. BidaGig may suspend, terminate or take any other
action it deems necessary to protect the value, reputation and goodwill
of the Site.
Subscription Fee. Consumers and Artists have the option of
selecting from various subscription levels providing certain levels of
participation on the Site as described elsewhere in these Terms and
Gig Fee. When Consumers use the Site to find and ultimately hire
an Artist, BidaGig receives a 10% Gig Fee based on the amount of the
bid awarded by the Consumer and accepted by the Artist. The Gig Fee is
automatically generated and deducted from the Artist account upon
acceptance of the Gig award. If Artist has insufficient funds he/she
will have to fund his/her account prior to accepting the awarded Gig.
Enhanced Services Fees. BidaGig offers featured advertising
and other enhanced sales features as follows:
Enhanced Consumer Services:
• Featured Gigs
• Highlight Gig
• Bold Gig Title
• Hide Budget
• Video Descriptions
• Blind & Sealed Bidding
• Automatic Re-listing of Gigs
Enhanced Artist Services:
• Certified/Verified Member
• Premium Monthly Subscription
Payment Processing Fees. BidagGig will charge the Consumer and/or
the Artist for any fees BidaGig pays to PayPal and you agree to pay
such fees at the time you award and/or accept a Gig.
Other Fees. BidaGig may also charge fees for Inactive Accounts
Accounts as described elsewhere in these Terms and Conditions.
Click here to see BidaGig’s fees.
As a Consumer and as an Artist, you acknowledge and agree that you will
not take any action, directly or indirectly, to circumvent any of these
MEMBER ELIGIBILITY AND OBLIGATIONS
To access Site Services through our Site, you must be a legal entity,
or an individual18 years or older who can form legally binding
contracts. To register for an Account with BidaGig and become a Member,
you must accept all of these Terms and Conditions. By becoming a
Member, you agree to use the Site responsibly in strict accordance with
all terms and conditions of use. BidaGig reserves the right in its sole
discretion to refuse, suspend, or terminate service to anyone for any
reason at any time.
BidaGig offers several subscription plans as detailed on the Site. Each
subscription plan provides different service levels of participation
and interaction on the site. Services include but are not limited to;
Gig Listings, Bid Proposals, Private Messages, and Opt In Categories.
These services reserve monthly capacity on the Site for members. If a
member requires additional services in a given month, the member has
the option to upgrade the subscription through the Site. Unused
services expire at the end of each monthly subscription period. Because
services reserve capacity, unused services are not carried over into
the next month. BidaGig reserves the right to change subscription fees,
the monthly number of services included in the subscription plan or the
price for additional services or institute new fees at any time, upon
reasonable notice posted in advance on this Site. No refunds of fees
already paid will be given. If BidaGig exercises its right to cancel a
subscription at any time, BidaGig will not refund the subscription fee
Automatic Subscription Renewal
Subscription fees must be paid through PayPal. The subscription billing
period begins on the date that BidaGig receives payment. Subscription
fees are calculated from the beginning of that billing period. If you
have enabled automatic payments in your subscription manager, BidaGig
automatically renews your monthly subscription and charges your PayPal
account and you hereby authorize us to charge such account for the
appropriate subscription fees and amounts stated. Automatic renewal
occurs on the first day after the expiration date. You can cancel your
subscription anytime through the subscription manager in your MyCP area
of the site.
Changes to Subscription Plan
If you upgrade your subscription plan, the unused portion of a lower
subscription fee will be credited toward the higher subscription fee.
The new billing period will then be based upon the date BidaGig
receives payment of the new subscription fee. Upgrading a subscription
will result in a new billing date effective upon the date of payment of
the additional fees and, if applicable, will result in a credit of the
unused portion of the existing subscription fees. If you downgrade a
subscription, you will not receive a refund or credit for the fees
already paid. The downgrade will go into effect at the beginning of the
next billing period. In certain cases, if you had previously downgraded
a paid subscription to free subscription, BidaGig may have extended you
a credit for the unused credit for promotional considerations. Any such
promotional credits may be terminated by BidaGig upon notice to you.
BidaGig reserves the right to modify its subscription plans at any
time, upon a reasonable notice posted in advance on this Site.
To cancel your subscription, log onto the Site and click on the
"Subscription Manager" link in your MyCP area, then click on the
"Cancel" tab, or contact Customer Support. BidaGig will send you an
email confirmation once your subscription has been cancelled. You will
not be liable for any additional subscription fees after your
cancellation is effective. Cancellation goes into effect at the end of
the active billing period.
Please note that subscriptions that expire or are converted to free
subscriptions are subject to a monthly Account fee until remaining
funds are removed or expire. Please consult the Site or contact
Customer Support for the current fee level.
To become a Member and interact on the Site you must register for an
"Account." You agree to provide true, accurate and complete information
as prompted by the registration form and all forms you access on the
Site, and keep this information current. You cannot register for more
than one Consumer Account and one Artist Account without express
written permission from BidaGig. Your Bidagig Account (including
feedback) and username are not transferable, and any transfer or
attempted transfer to another party is null and void.
Username and Passwords
When a Member registers an Account, the Member will be asked to choose
a username and password for the Account. As a Member, you agree
that you are solely responsible to safeguard and maintain the
confidentiality of the username and password you use to access this
Site. BidaGig will assume that any person using the Site with
your username and password either is you or is authorized to act for
you. You agree to notify us immediately if you suspect or become aware
of any unauthorized use of the Account or access to your password or
LICENSES AND SITE ACCESS
Access and Interference
Visitors and Users must access Secure Areas through browsers employing
an encryption level of at least one hundred twenty eight (128) bits.
You understand and agree to immediately stop using or accessing Secure
Areas if your browser does not support such a level of encryption. If
your browser does not allow such encryption then you may be blocked
from using the Site. The Site contains robot exclusion headers. You
agree that you will not use any robot, spider, scraper or other
automated means to access the Site for any purpose without our express
written permission. Additionally, you agree that you will not: (a) take
any action that imposes or may impose (in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure;
(b) copy, reproduce, modify, create derivative works from, distribute,
or publicly display any content (other than content you have submitted
to the Site) from the Site, any software code that is part of the Site,
or any services that are offered on the Site without the prior express
written permission of BidaGig; (c) interfere or attempt to interfere
with the proper operation of the Site or any activities conducted on
the Site; (d) bypass any measures we may use to prevent or restrict
access to the Site or any subparts of the Site including without
limitation features that prevent or restrict use or copying of any
content or enforce limitations on use of the Site or the content
therein; (e) transmit spam, chain letters, or other unsolicited
communications; (f) attempt to interfere with, compromise the system
integrity or security or decipher any transmissions to or from the
servers running the Site; (g) upload invalid data, viruses, worms, or
other software agents through or to the Site; (h) collect or harvest
any personally identifiable information, including account names, from
the Site; or (i) access any content on the Service through any
technology or means other than those provided or authorized by the
Accessing the audiovisual content available on the Site for any purpose
or in any manner other than Streaming (as defined below) is expressly
prohibited. "Streaming" means a contemporaneous digital transmission of
an audiovisual work via the Internet from the Site to a User's device
in such a manner that the data is intended for real-time viewing and
not intended to be copied, stored, permanently downloaded, or
redistributed by the User.
Some areas of the Site may allow Users to post feedback, comments,
questions, and other information ("User Content"). You are solely
responsible for your User Content that you upload, publish, display,
link to or otherwise make available (hereinafter, "Post") through the
Site, and you agree that we are only acting as a passive conduit for
your online distribution and publication of your User Content. You
understand that whether or not such User Content is published, BidaGig
does not guarantee any confidentiality with respect to any User
Content. You agree not to post User Content that: (i) may create a risk
of harm to any other person; (ii) may create a risk of any other loss
or damage to any person or property; (iii) seeks to harm or exploit
children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise; (iv) may constitute or
contribute to a crime or tort; (v) contains any information or content
that we deem to be unlawful, harmful, abusive, or otherwise
objectionable; (vi) contains any information or content that is
illegal; (vii) contains any information or content that violates the
rights of others; or (viii) contains any information or content that
you know is not correct and current. To the extent that your User
Content contains music or video, you hereby represent that you are the
owner of all the copyright rights and have the power to grant the
license granted below. BidaGig reserves the right, but is not
obligated, to reject and/or remove any User Content that BidaGig
believes, in its sole discretion, violates these provisions. BidaGig
takes no responsibility and assumes no liability for any User Content
that you or any other User posts or sends on the Site. You understand
and agree that any loss or damage of any kind that occurs as a result
of the use of any User Content that you send, upload, download, stream,
post, transmit, display, or otherwise make available or access through
your use of the Site, is solely your responsibility. BidaGig is not
responsible for any public display or misuse of your User Content. You
understand and acknowledge that you may be exposed to User Content that
is inaccurate, offensive, indecent, objectionable, or inappropriate for
children, and you agree that BidaGig shall not be liable for any
damages you allege to incur as a result of such User Content.
Furthermore, BidaGig has no editorial control over User Content posted
by Users on the Site and is not responsible for and does not monitor
such content for accuracy or reliability. BidaGig does not confirm or
verify whether an Artist has the expertise, or is qualified or licensed
to provide the services set forth in the Artist profile or for the Gig
User License to BidaGig
You retain all your ownership rights in your User Content. By posting
any User Content on the Site, you give BidaGig, and its successors and
assigns, unlimited permission to use the same on the Site in any manner
and without charge and to likewise use and your name, voice, and/or
likeness as contained in your User Content in connection with the
Site. You also hereby grant each User of the Site permission to
access your User Content through the Site, and to use the same as
permitted through the functionality of the Site and under these Terms
and Conditions. Our rights to use your User Content will cease within a
commercially reasonable time after you remove or delete your User
Content from the Site. You understand and agree, however, that BidaGig
may retain for archival purposes, server copies of User Content that
have been removed or deleted. The above permissions granted by you in
User Content for which the Site does not provide you a means to delete
or remove are perpetual and irrevocable. You may choose to or we may
invite you to submit comments or ideas about the Site, including
without limitation about how to improve the Site or our offerings
("Ideas"). By submitting any Idea, you agree that your disclosure is
gratuitous and will not place BidaGig under any fiduciary or other
obligation, and that we are free to use the Idea without any additional
compensation to you, and/or to disclose the Idea on a non-confidential
basis or otherwise to anyone. You further acknowledge that, by
acceptance of your submission, BidaGig does not waive any rights to use
similar or related ideas previously known to BidaGig, or developed by
its employees, or obtained from sources other than you.
Additional User Representations and Warranties
You shall be solely responsible for your own User Content and the
consequences of posting or publishing it. In connection with your User
Content, you affirm, represent and warrant, in addition to the other
representations and warranties in this Agreement, the following:
•You are at least 18 years of age
or a legal entity and are able and competent to enter into this
Agreement and to abide by its terms.
•You have the written consent of each and every identifiable
natural person in the User Content to use such person's name or
likeness in the manner contemplated by the Site and this Agreement, and
each such person has released you from any liability that may arise in
relation to such use.
•Your User Content and BidaGig's use thereof as contemplated by
this Agreement and the Site will not infringe any rights of any third
party, including but not limited to any Intellectual Property Rights,
privacy rights and rights of publicity.
•BidaGig may exercise the rights to your User Content granted
under this Agreement without liability for payment of any guild fees,
residuals, payments, fees, or royalties payable under any collective
bargaining agreement or otherwise.
BidaGig License to User
Subject to and conditioned on compliance with this Agreement, BidaGig
grants you permission to access and, if you are a Member, to use this
Site internally for the purpose of ordering and receiving the Site
Services available and authorized from this Site. You must not sell,
reproduce, distribute, modify, display, publicly perform, prepare
derivative works based on, repost or otherwise use any content of this
Site in any way for any public or commercial purpose without prior
written consent of BidaGig or the rights holder. You must not use any
content of this Site on any other Web site or in a networked computer
environment for any purpose except your own internal viewing. You will
not attempt to reverse engineer or attempt to interfere with the
operation of any part of this Site unless expressly permitted by law.
This Site or any portion of this Site may not be reproduced,
duplicated, copied, sold, resold or otherwise exploited for any
commercial purpose that is not expressly permitted by BidaGig. BidaGig
and its licensors retain all of the rights, title and interest in and
to all patent rights, inventions, copyrights, know-how, and trade
secrets relating to the Site. The BidaGig logo and name are trademarks
of BidaGig LLC, and may be registered in certain jurisdictions. All
other product names, company names, marks, logos and symbols on the
Site may be the trademarks of their respective owners. Except as
expressly stated above, nothing in this Agreement confers any license
under any of BidaGig's or any third party's Intellectual Property
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
Pursuant to 17 USC. § 512 as amended by Title II of the Digital
Millennium Copyright Act, BidaGig has implemented procedures for
receiving written notification of claimed infringements and for
claims in accordance with the Act. If you believe your copyrights are
being infringed by a user of the Site www.BidaGig.com, please mail a
Notice of Infringement to us at the following address:
PO Box 231744
Centreville, VA 20120-1744
The Notice of Infringement must include substantially the following:
1. A physical or
electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single
online Site are covered by a single notification, a representative list
of such works at that Site.
3. Identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the Provider to locate the material.
4. Information reasonably sufficient to permit the
Provider to contact the complaining party such as an address, telephone
number, and if available, an electronic mail address at which the
complaining party may be contacted.
5. A statement that the complaining party has a good
faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the
notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act
on behalf of the copyright owner that fails to comply substantially
with these provisions shall not be considered as providing actual
knowledge or an awareness of facts or circumstances from which
infringing activity is apparent.
Please provide a separate Notice of Infringement each time you wish to
report alleged acts of infringement and mail it to the address
Interaction between the Consumer and the Artist is conducted through
the Site’s Media Share. In order to maintain the proper use
of your contact information, you should not enter your email address or
telephone number in your profiles or Gig postings. Such
information should only be entered in the designated contact
information fields on the registration screens. BidaGig expects
all communication to be polite and courteous.
POSTING INFORMATION AND CONTENT
Information and content posted on the Site is solely for the use of
BidaGig Members and authorized users of the Site. In order to
maintain the high quality, reputation and integrity of the Site and to
provide users with reliable and useful information, you agree not to
post any false, misleading or inaccurate information or content on the
Site. You further agree not to post any information or use the
Site in any manner that would violate the rights of others. You
may be held liable for any postings or other actions that violate the
rights of others.
BidaGig does not guarantee the accuracy of any information or content
posted on the Site and is not legally responsible for any postings that
violate these Terms and Conditions or which may violate the rights of
others. BidaGig may, in its sole discretion, remove or restrict
access to any information or content it considers in violation of these
Terms and Conditions.
POSTING and AWARDING GIGS
When posting and awarding Gigs, you agree to:
• Post only Gigs
that are legitimate and that are not intended for any improper or
• Provide a clear description of the services
• Respond in a timely manner to inquiries from
Artists bidding on your Gig.
• Award a Gig only after having satisfied
yourself, after due diligence, that the Artist meets your requirement
for the Gig.
• Pay all fees due to BidaGig.
It is not permissible to offer non-monetary compensation or to request
free services when posting a Gig.
PROHIBITED SITE ACTIVITIES
In addition to the prohibited actions mentioned elsewhere in these
Terms and Conditions, you may not:
• Suggest or
solicit another user to contact you directly in order to buy or sell
services outside of BidaGig.
• Post or introduce software on the Site that:
(i) is designed to disrupt, disable, harm or otherwise impede in any
manner, including aesthetic disruptions or distortions, the operation
of this Site or any other software, firmware, hardware, computer system
or network (sometimes referred to as "viruses" or "worms"); (ii) would
disable or impair this Site or any other software, firmware, hardware,
computer systems or networks in any way where such disablement or
impairment is caused by the elapsing of a period of time, exceeding an
authorized number of copies, advancement to a particular date or other
numeral (sometimes referred to as "time bombs," "time locks" or "drop
dead" devices); (iii) would permit you or any other person to access
this Site or any other software, firmware, hardware, computer systems
or networks to cause such disablement or impairment or transmit
information (sometimes referred to as "traps," "access codes," or "trap
door" devices, or "spyware"); or (iv) which contains any other similar
harmful, malicious or hidden procedures, routines or mechanisms which
would cause such programs to cease functioning or to damage or corrupt
data, storage media, programs, equipment or communications or otherwise
interfere with operations.
• Access, tamper with or use non-public or
non-authorized areas of the Site. Unauthorized individuals attempting
to access these areas of the Site may be subject to prosecution.
• Tamper with postings of other Users, Members
• Solicit or gather any User's or Member's
information available from the Site, such as other usernames and email
addresses, for any commercial or business purposes or to transmit any
unsolicited advertising, junk mail, spam or chain letters.
• Do anything which would create or impose an
unreasonable or disproportionately large burden or load on the Site.
• Use robots, spiders, scrapers or other
automated means to access information in the Site for any purpose
without express written permission from BidaGig.
• Frame or link to the Site except as permitted
in writing by BidaGig.
• Repeat any action after you receive warning or
request to desist from BidaGig, whether or not that action is
explicitly prohibited in these Terms and Conditions or in any other
policies stated on the Site.
• Fail to respond to an email from BidaGig
regarding violation, dispute or complaint within two business days.
• Use the Site if you are not able to form
legally binding contracts, are under age or are suspended from the
• Take any action that may undermine the
feedback or ratings systems (such as importing or exporting feedback
information off the Site, or using feedback as an extortion mechanism).
• Copy, modify or distribute content from the
Site, except for your own information and use, without the prior
express written permission from BidaGig.
• Violate a request by BidaGig to refrain from
posting any Gig deemed by BidaGig in its sole discretion to be contrary
to the interests of the Site or the BidaGig user community.
Registering to Provide Services
If you wish to participate on BidaGig, you must first become a Member
by accurately completing the registration form. Your Account may
be subject to verification. BidaGig can suspend or terminate your
Account upon the discovery that any information you provided or posted
is not true and accurate or otherwise violates these Terms and
When bidding on a Gig, you agree to:
• Provide a
clear description of your terms and conditions for accepting the Gig.
• Respond in a timely manner to inquiries from
Consumers posting Gigs.
• Accept an award of a Gig only after having
satisfied yourself, after due diligence, that you wish to provide the
requested services for the Consumer.
• Pay all fees due to BidaGig.
Audit Provisions and Record Keeping
For a period of one year after accepting each Gig, you agree to keep
and maintain complete and accurate records related to the Gig. If
questions arise regarding services rendered, work performed or fees due
to BidaGig, you agree to provide copies of these records and other
relevant documentation to BidaGig within 20 days of BidaGig's request.
RATING AND FEEDBACK SYSTEM
Consumers and Artists are encouraged to provide objective feedback
about those with whom you have dealt on the Site. Such feedback
may only occur with respect to the parties to a Gig. BidaGig may
calculate a composite rating based on these individual ratings. Artists
agree to be rated by Consumers along several criteria, as determined by
BidaGig. BidaGig does not monitor or censor feedback reports for
accuracy or reliability unless a User brings the posting to
Bidagig’s attention. You may be held legally responsible for
damages suffered by other Users arising out of such feedback.
BidaGig is not legally responsible for any feedback you may provide,
even if that information is defamatory or otherwise legally actionable.
You agree to report violations or abuses of our rating and feedback
system immediately by contacting Customer Support and agree not to take
any actions that undermine the integrity of the feedback system.
In order to protect the integrity of the feedback system and protect
Users from abuse, BidaGig has the right (but is under no obligation) to
remove any feedback that BidaGig, in its sole discretion, finds
objectionable for any reason.
BILLING and PAYMENT
BidaGig uses PayPal for billing and payment of its fees. Payments
due to Artists for services rendered to Consumers occur outside the
Site and the method for such payments is solely between the Artist and
the Consumer. You agree not to take any action, directly or
indirectly to circumvent any fees due to BidaGig.
BidaGig provides an Invoicing Service for Artists. This service
allows Artists to generate invoices for Gigs awarded on the Site.
The fees for this service are deducted from the Artist’s Account
at the time the invoice is sent. You can review the status of invoices
at any time by logging into your Account. In order to maintain the
accuracy of such invoices, you agree to notify BidaGig when payments
have been received by you. BidaGig has no control over or
responsibility for the payment or collection of any invoices.
BidaGig’s sole function is to provide a convenient means by which
Artists can generate invoices through the Site, rather than outside the
Site. Payments for services may not be made through the Site.
Such payments may only be made outside the Site.
Erroneous or Duplicate Transactions; Charge Backs
If BidaGig discovers erroneous or duplicate transactions, or BidaGig
receives a charge back from PayPal for any reason, you agree to
reimburse BidaGig. BidaGig has the right to obtain such
reimbursement by charging your Account or obtaining reimbursement from
you by any other lawful means. Failure to pay for reimbursements of
charge backs is cause for termination of your subscription.
Funds in Account and Withdrawal of Funds
Funds deposited in your Account are solely for the purpose of paying
fees due BidaGig. To deposit funds in your Account, you must use
PayPal. To withdraw funds from your Account, you must have your
own PayPal account and must request that such funds be credited to your
PayPal account. Notwithstanding any other provision of these Terms and
Conditions, if BidaGig determines, in its sole discretion, that a
Member has violated these Terms and Conditions, BidaGig has the right
to refuse to process the withdrawal.
Hold on Account Funds
BidaGig reserves the right, in its sole discretion, to place a hold on
funds in your Account for payments to clear, or if BidaGig suspects
funds may be subject to charge back or if fraud is suspected. BidaGig
will release a hold as soon as practical.
Agreement to Pay
If, for any reason, BidaGig does not receive payment for any amounts
due BidaGig, you agree to pay such amount immediately upon demand by
BidaGig. You also agree to pay any interest charges, attorneys' fees
and other costs of collection incurred by BidaGig in collecting such
amounts. BidaGig may, at its option, stop processing any further
deposits made by you to your Account and apply any amounts then held by
in your Account toward any deficiencies, losses or costs that we have
incurred in such collection. We may also make appropriate reports to
credit reporting agencies, financial institutions, tax agencies and law
enforcement authorities, and cooperate with them in any resulting
investigation or prosecution.
Inactive Accounts; Abandoned Accounts
For purposes of determining Inactive Account status and Abandoned
Account status, "activity" means logging on to the Site and using the
Site for its intended purpose.
If your Account has a balance, but has had no activity for at least
five (5) consecutive months, your Account will be placed on "Inactive"
status. BidaGig will notify you that your Account is Inactive by
sending an email to your registered email address and give you the
option of keeping your Account open and maintaining the balance or
withdrawing the balance. If, within thirty (30) days of such notice,
your account has no activity, BidaGig will automatically deduct an
Inactive Account Fee of $5, or the entire balance of your Account if
such balance is less than $5, per month thereafter, to recover
administrative costs of keeping your Account open. BidaGig will cease
such deductions if subsequently (i) your Account has activity or (ii)
your Account no longer has a balance.
If your Account has a balance, but it has had no activity for at least
18 consecutive months or has been on Inactive status for at least 12
consecutive months, BidaGig will automatically close your Account and
attempt to mail a check in the amount of your entire then remaining
Account balance to your registered mailing address. If those attempts
fail, the Account balance may escheat to the Commonwealth of Virginia.
BidaGig will provide each Member ("Referral Participant") with a
referral identifier ("RID") upon acceptance of registration with
BidaGig. BidaGig will pay the Referral Participant the specified
referral fee upon completion of any Paid Subscription Registration or
Eligible Transaction, as such terms are defined below. "Paid
Subscription Registration" occurs when a username identified with a
Referral Participant's RID successfully completes BidaGig's
registration process for a paid subscription and BidaGig in its sole
discretion accepts such registration. Registrations that: (1) are not
in good faith, or (2) involve a registrant that has previously
registered with BidaGig at any time, are NOT Eligible Registrations.
"Eligible Transaction" means the purchase from BidaGig of Enhanced
Services or Verification Services in accordance with these Terms and
Conditions. Transactions that do not arise from or are not connected
with the Referral Participant's RID are NOT Eligible Transactions. Site
Users will be identified and linked to a Referral Participant's RID if
they have clicked to the Site via a link tagged with that Referral
Participant's RID. The Referral Participant is solely responsible for
ensuring that links to BidaGig are correctly tagged with the RID
BidaGig has provided to that Referral Participant.
Referral Fees and Payment
BidaGig will pay a Referral Participant a "Referral Fee" for every Paid
Subscription Registration and for each Eligible Transaction. Please
click here for the current Referral Fees. BidaGig will track Paid
Subscription Registrations and Eligible Transactions and will make
available to you reports summarizing such activity on your MyCP (My
Control Panel) dashboard. The form, content and frequency of the
reports may vary from time to time in BidaGig's sole discretion.
Except as otherwise provided, BidaGig shall pay you Referral Fees that
are owed within 30 days of each Paid Subscription Registration and
immediately upon payment of each Eligible Transaction. Payments shall
be made directly into your BidaGig Account in the form of credits to
your account for the purchase of Enhanced Services or Invoicing
Services. BidaGig reserves the right to investigate any suspicious or
inappropriate registration activity. BidaGig also reserves the right to
delay payment of any Referral Fees, at its sole discretion, while it
conducts an investigation of such activity. If BidaGig, in its sole
discretion, concludes that a particular registration was deceptive or
did not qualify as a Paid Subscription Registration, you agree that
BidaGig is authorized to deduct from your account an amount equal to
the Referral Fee for such registration.
TERM; TERMINATION AND SUSPENSION
This Agreement shall become effective as your contractual agreement
upon your acceptance or your use of the Site, and shall continue until
your Account is terminated by BidaGig or you as provided for under the
terms of this Section. Unless otherwise agreed to in writing between
the parties, either party may terminate this Agreement at any time upon
notice to the other party. In such event, your Account is automatically
terminated and (i) BidaGig shall continue to perform those BidaGig
Services necessary to complete any open transaction between you and
another Member; and (ii) you shall continue to be obligated to pay any
amounts accrued but unpaid as of the date of termination to BidaGig for
any Site Services.Without limiting BidaGig's other remedies, we may
issue a warning, or temporarily suspend, indefinitely suspend or
terminate your Account or a Gig posting, and refuse to provide any or
all Site Services to you if: (a) you breach the letter or spirit of any
terms and conditions of this Agreement or any other policies and
information incorporated herein by reference, including our written
policies and procedures posted on the Site. (b) we suspect or become
aware that you have provided false or misleading information to us; or
(c) we believe in our sole discretion that your actions may cause legal
liability for you, our Members or for BidaGig or are contrary to the
interests of the Site or the BidaGig’s user community. Once
indefinitely suspended or terminated, you must not continue to use the
Site under the same Account, a different Account, or reregister under a
new Account. In addition, violations of this Agreement may be
prosecuted to the fullest extent of the law and may result in
additional penalties and sanctions. Without limiting BidaGig's other
remedies, to the extent you engage in actions or activities which
circumvent the Site or otherwise reduce fees owed BidaGig under this
Agreement, you must pay BidaGig for all fees owed to BidaGig and
reimburse BidaGig for all losses and costs, including reasonable
attorney fees related to investigating such breach and collecting such
fees. BidaGig reserves the right to terminate any User access, Account,
or Gig posting for any reason, in its sole discretion, and to refuse to
provide registration and subscription to you in the future. We will
notify you if we cancel your subscription, unless in our judgment
giving notice would cause a risk of further violation or damages.
However, we will notify you that your Account will be canceled if the
law requires such notification. When your Account is terminated for any
reason, you may no longer have access to data, messages, files and
other material you keep on the Site. The material may be deleted along
with all your previous posts. The sections entitled "RELATIONSHIP
BETWEEN THE PARTIES," "BIDAGIG FEES," "LICENSES AND SITE ACCESS,"
"TERM; TERMINATION AND SUSPENSION," "DISCLAIMERS, LIMITATIONS AND
EXCLUSIONS," "NOTICES AND COMMUNICATIONS," "MISCELLANEOUS," and
"CERTAIN DEFINED TERMS," will all survive termination of the
contractual agreement between us.
Notification of BidaGig Members
You acknowledge and agree that the value, reputation and goodwill of
the Site depend on transparency of Member Account status to all
Members, including both yourself and other Members who are
participating in Gigs with you. You therefore agree as follows: IF
BIDAGIG SUSPENDS OR TERMINATES YOUR ACCOUNT OR GIG, BIDAGIG HAS THE
RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN
ACTIVE GIGS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED
ACCOUNT OR GIG STATUS, AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR
BidaGig, located in Chantilly, Virginia, is the provider of the
electronic commercial service on this Site. Members are notified, via
this Site, in advance regarding any applicable service charges. Upon
your request, you may have this Agreement sent to you by email. Please
feel free to contact BidaGig to resolve a complaint regarding any
aspect of service relating to this Site by writing to BidaGig LLC PO
Box 231744 Centreville, VA 20120-1744, or contact us at
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
You are responsible for creation, storage, and backup of your business
records. This Agreement and any registration for or subsequent use of
the Site will not be construed as creating any responsibility on
BidaGig's part to store, backup, retain, or grant access to any
information or data for any period. We have implemented commercially
reasonable technical and organizational measures designed to secure
your personal information from accidental loss and from unauthorized
access, use, alteration or disclosure. However, we cannot guarantee
that unauthorized third parties will never be able to defeat those
measures or use your personal information for improper purposes. You
acknowledge that you provide your personal information, or information
about the entity that you represent, at your own risk.
THE SITE SERVICES PROVIDED BY BIDAGIG OR ANY OF OUR LICENSORS ARE
PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR
CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON- INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR
WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY,
IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF
THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND
JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED
WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE TO YOU OR ANY OTHER
MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS
OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR
ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS
AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE
AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU
FOR THE SITE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6)
MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING
EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
If you have a dispute with another Member, you release BidaGig (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, arising out of or in any
way connected with such dispute.
You agree to defend, hold harmless and indemnify BidaGig from and
against any and all losses, costs, expenses, damages or other
liabilities incurred by BidaGig from and against any cost, liability,
loss, damage, cause of action, claim, suit, proceeding, demand or
action brought by a third party against BidaGig: (a) in connection with
your use of the Site Services including any payment obligations
incurred through use of the Site Services; or (b) resulting from: (i)
your use of the Site; (ii) your decision to submit postings and accept
offers from other Members; (iii) any breach of contract or other claims
made by Members with which you conducted business through the Site;
(iv) your breach of any provision of this Agreement; (v) any liability
arising from the tax treatment of payments or any portion thereof; (vi)
any negligent or intentional wrongdoing by any Member; (vii) any act or
omission of yours with respect to the payment of fees to any Artist;
(viii) your dispute of or failure to pay any invoice or any other
payment; or (ix) your obligations to a Artist. Any such indemnification
shall be conditioned on our: (a) notifying you in writing of any such
claim, demand, action, cost, liability, loss or threat of any thereof;
(b) cooperating with you in the defense or settlement thereof; and (c)
allowing you to control such defense or settlement. We shall be
entitled to participate in such defense through our own counsel at our
own cost and expense. We reserve the right to report any wrongdoing of
which we become aware to the applicable government agencies or
NOTICES AND COMMUNICATIONS
Communications from BidaGig to you
BidaGig will communicate with you by email or by posting communications
on the Site. You consent to receive communications from us
electronically and you agree that these electronic communications
satisfy any legal requirement that such communications be in writing.
You will be considered to have received a communication when BidaGig
sends it to the email address you have provided to BidaGig on the Site,
or when BidaGig posts such communication on the Site. You must keep
your email address updated on this Site, and you must regularly check
this Site for postings. If you fail to respond to an email message from
BidaGig regarding violation, dispute or complaint within two business
days, BidaGig has the right to terminate or suspend your Gig posting or
Communications from you to BidaGig
All notices to BidaGig intended to have a legal effect concerning this
Agreement must be in writing and delivered either in person or by a
means evidenced by a delivery receipt, to the following address:
PO Box 231744
Centreville, VA 20120-1744
Such notices to BidaGig are deemed effective upon receipt.
MISCELLANEOUS TERMS AND CONDITIONS
You are responsible for compliance with applicable local laws, keeping
in mind that access to the contents of this Site may not be legal for
or by certain persons or in certain countries. BidaGig will not be
considered to have modified or waived any of our rights or remedies
under this Agreement unless the modification or waiver is in writing
and signed by an authorized representative of BidaGig. No delay or
omission by BidaGig in exercising its rights or remedies will impair
its rights or be construed as a waiver. Any single or partial exercise
of a right or remedy will not preclude further exercise of any other
right or remedy.
You will not transfer, assign or delegate your rights or obligations
(including your Account) under this Agreement to anyone without the
express written permission of BidaGig, and any attempt to do so will be
null and void. BidaGig may assign this Agreement in its sole
discretion. This Agreement, together with any other legal notices and
agreements published by BidaGig via the Site, shall constitute the
entire agreement between you and BidaGig concerning the Site. If any
provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. The Site is controlled and operated
from its facilities in the United States. BidaGig makes no
representations that the Site is appropriate or available for use in
other locations. Those who access or use the Site from other
jurisdictions do so at their own volition and are entirely responsible
for compliance with all applicable United States and local laws and
regulations, including but not limited to export and import
regulations. You may not use or access the Site if you are a resident
of a country embargoed by the United States, or are a foreign person or
entity blocked or denied by the United States government. Unless
otherwise explicitly stated, all materials found on the Site are solely
directed to individuals, companies, or other entities located in the
United States. Except for the payment of fees to BidaGig, neither of
the parties to this Agreement shall be responsible for the failure to
perform or any delay in performance of any obligation hereunder due to
labor disturbances, accidents, fires, floods, telecommunications or
Internet failures, strikes, wars, riots, rebellions, blockades, acts of
government, governmental requirements and regulations or restrictions
imposed by law or any other similar conditions beyond the reasonable
control of such party. The time for performance of such party shall be
extended by the period of such delay. The boldface paragraph headings
in this Agreement are included for ease of reference only and have no
binding effect. This Agreement and all documents referenced in this
Agreement comprise the entire agreement between you and BidaGig with
respect to the use of this Site and supersede all prior agreements
between the parties regarding the subject matter contained herein as
well as any conflicting or inconsistent terms in any Web site that link
to or are linked from this Site. For convenience, this Agreement may be
displayed in HTML and/or PDF versions. In the event of any
inconsistency between such versions, the PDF version will govern.
CERTAIN DEFINED TERMS
Any capitalized term not otherwise defined in this Agreement has the
meaning given such term on the Site. As used throughout this Agreement:
"Account" means the BidaGig Account you open when you register to
become a Member and use the Site Services.
"Artist" means a Member that offers Artist Services through the Site.
"Artist Services" means all services offered by Artists.
"BidaGig Services" means the creation, hosting, maintenance, and
provision of the Site and all services delivered by BidaGig that are
accessible through the Site. The term BidaGig Services does not include
"Consumer" means a Member that investigates and purchases Artist
Services or identifies an Artist through the Site.
“Gig” means a listing posted by a consumer outlining
details of the event for which he/she seeks to hire an artist.
"Intellectual Property Rights" means all patent rights, copyright
rights, mask work rights, moral rights, rights of publicity, trademark,
trade dress and service mark rights, goodwill, trade secret rights and
other intellectual property rights as may now exist or hereafter come
into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any state, country,
territory or other jurisdiction.
"Media Share" means the place on the Site where a Consumer and an
Artist can communicate and work together on Gigs.
"Member" means a person or legal entity that registers for an Account.
"Private Message Board" means the messaging system on the Site for
Consumers and Artists to communicate.
"Secure Areas" means portions of the site that are encrypted using the
Hypertext Transfer Protocol Secure (also known as "HTTPS") or any other
"Site Services" means all services that are accessible through the
Site, except Artist Services.
"User" means (1) a person who is a Member, using the Site on his or her
own behalf, or (2) a person who is using the Site on behalf of a
"Visitor" means a person who is only visiting the Site, not a Member or
"you" means a Visitor or Member accessing the Site or using the Site
Services on his or her own behalf; or, if the Site Services are used on
behalf of a Member, "you" means the Member for which the Site Services
are used and the User who accesses the Site on behalf of such Member
(and such User represents that he or she has the authority to do so on
the Member's behalf).
If you wish to report a violation of the Terms and Conditions, have any
questions or need assistance, please contact BidaGig Customer Support
Web Support: www.bidagig.com/support
Mailing Address: BidaGig LLC PO Box 231744 Centreville, VA 20120-1744