Bookable LLC Terms of Service



THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU") AND BOOKABLE, LLC ("WE" OR “US”). BEFORE ACCESSING OR USING ANY PART OF OUR PRODUCTS OR SERVICES AT WWW.THISISBOOKABLE.COM OR OUR OTHER PRODUCTS OR SERVICES, INCLUDING ANY WEBSITES OWNED OR CONTROLLED BY US THAT ARE ASSOCIATED WITH US (COLLECTIVELY, THE “SERVICES”) YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS (THE “AGREEMENT”) SINCE IT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT YOU ARE NOT GRANTED PERMISSION TO USE THE SERVICES. 

THE SERVICES ARE NOT DESIGNED FOR USE BY ANY PERSON UNDER THE AGE OF 18 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT CREATE AN ACCOUNT OR USE THE SERVICES.

By using the Services, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain other products and services provided by us, which will be presented in connection with those products and services. Our Privacy Policy is hereby incorporated into this Agreement by reference. This Agreement does not cover your rights or responsibilities with respect to third party content or services or any links that may direct your browser or your connection to third party services or websites. 

RIGHTS GRANTED TO YOU. We grant to you a non-exclusive, non-assignable, revocable and non-sublicensable license to access and use the Services in the United States. 

RIGHTS GRANTED BY YOU. The Services allow you to explore the Site, to upload certain content, to connect with other users in the country, and to create, receive and distribute audio, visual, and audio-visual materials. As between you and us, you retain all of your rights in the content uploaded by you; however, you grant to us a perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content in the United States. 

By using Bookable in any capacity, you agree to be bound to the following terms:
 
DEFINITIONS
The following definitions (whether capitalized or not) exist to clarify the use of certain words and phrases used throughout this document:

  • "Agreement" refers to these Terms of Service.

  • “Bookable” refers to the company Bookable, LLC, the owner of all intellectual property related to the name and associated images in connection with the trademark and copyright “Bookable” and, the Site, www.thisisbookable.com. Any use of "Bookable" “Site,” or "thisisbookable.com" refers to the company, the site, and/or the services provided by it.

  • "Service" refers to all services provided by Bookable, including use of the Site.

  • "Artist," "Band," and/or "Act" refers to any party providing content for an event or a Booking, such as a performer or performing act, whether that performing act is an individual (e.g., a solo performer) or a group of individuals (e.g., a band).

  • "Fan" refers to any person(s) attending a Booking, regardless of whether they are also the Host or have contributed to the performance fee.

  • "Booking" refers to an event, such as a show or performance, that has been agreed upon by and between the Artist and Host.

  • "Site" refers to this website, thisisbookable.com

  • "Host" refers to any party creating or providing a Booking for which an Artist may provide its services for such Booking. 

  • "User" refers to anyone using the service or this website, whether a Host, Artist or Fan.

  • "You" refers to you the Host, Artist, User, Fan, or for further clarification, any person who is entering into this Agreement by using the Site and/or the Services.


ELIGIBILITY
To be eligible to use Bookable:

  • You must be 18 years of age to use our Services. 

  • You acknowledge and agree that (i) your use of the Site as permitted is solely for your personal use as a resident of the United States for services and use of property located within the United States; (ii) you will not copy or distribute any part of the Site in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms of these Terms of Service and any restrictions or conditions set forth on the Site itself.

  • In order to access some features of the Site, including, without limitation, to submit information for a Booking (defined below), you will have to create an account. You may never use another User’s account without permission, and you may not have more than one active account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for losses caused by any such unauthorized use, you may be liable for the losses to us or others due to such unauthorized use.

  • Your use of Bookable must adhere to the terms and conditions herein. Violation of these Terms of Service may result in revocation of permission and termination of access to the Services and/or the Site.


RULES OF CONDUCT
Your use of the Services is subject to all applicable local, state and federal laws and regulations and, in some cases, international treaties. You may not use, or allow or enable others to use, the Services in any manner that is, attempts to, or could reasonably be determined: (a) to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially or ethnically insensitive, harassing, intimidating, threatening, discriminatory or abusive, dishonestly or in bad faith, or which may or may appear to impersonate anyone else, which may be harmful to a minor or which encourages conduct that would be considered a criminal offense; (b) to affect us adversely or reflect negatively on us or the Services or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of the Services; (c) to send or result in the transmission of junk email, unsolicited messages, or so­called "spamming" and "phishing"; (d) to be intended for commercial or business purposes outside the intended scope hereof, including, without limitation, advertising, marketing or offering goods or services other than a Booking, whether or not for financial or any other form of consideration; (e) to transmit, distribute or upload programs or material that contain malicious code, such as viruses, worms, trojan horses, spyware, or other potentially harmful or disruptive programs or other material or information; (f) to violate any laws, regulations, judicial or governmental order or any treaties; (g) to be intended to gain unauthorized access to the Services, or to use the Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement; or, (h) to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Services or the rights of use and enjoyment of the Services by any other user.
COMMUNITY MEMBER SUPPORT
The Bookable team works to help build and support a community based on trust and respect. Please help us sustain the community by utilizing the guidelines and information in the FAQ sections with respect to all Bookings and use of the Site. 
PAYMENT & REFUND POLICY
Through the Services of Bookable, Artists and Hosts can connect with one another, learn about the talent and opportunity each party holds, and then a Host or an Artist can create and submit an offer for a Booking. That offer will include basic information about the Booking, such as the date, time, fee payment amount, and other pertinent details, such as either the type of performance to be provided by the Artist or type of experience to be provided by the Host. If either a Host or an Artist submits an offer and the other side accepts that offer via the Site, the offer becomes a Booking. The Host is immediately charged in full for the Booking cost (plus the Bookable service fee, as described below), and the Booking is confirmed. If an offer is made by a Host or an Artist to the other party, and the other party does not accept that offer, then no Booking is confirmed and no charges will be incurred.

In advance of a Booking, Hosts and Artists may need to cancel or request to reschedule the Booking for a new date. We understand and accept that this is normal for events and commitments of this nature.  Artist will not be paid for any Booking that isn’t performed in full. We will give a Host a full refund (minus the Bookable service fees) if the Artist never shows or does not match the Booking description.  Otherwise, all sales are final.

The policies and systems we have in place to protect your Booking are set forth below:
 

  • Artists reserve the right to cancel or reschedule the performance at any time and for any reason. The reason does not need to be disclosed to the Host; however, we do require the Artist to provide to us the reason for requesting the cancellation or rescheduling of the Booking to determine the circumstances and standing of the users’ accounts.

  • Hosts and Artists may both request to reschedule a Booking rather than cancel it; however, if a mutually agreeable alternative date is not found, then it will be considered a cancellation by the requesting party, as set forth above.  

  • If, not less than fourteen (14) days in advance of a Booking, either party requests a change to a significant or material agreed-upon aspect of a Booking (such as the estimated number of people, location, or nature of the services or event) then the other party has the option to either accept the modifications or cancel the Booking; however, if the change results in a cancellation, Bookable service fees are not refundable.

  •  You have two (2) days after the date of the Booking to inform us if there were any problems or to submit a claim that the Booking was materially misrepresented by reporting the issue(s) to us at contact@thisisbookable.com along with supporting information. If we verify your claim following investigation, we will refund the Host payment, less Bookable service fees. 

  • You are responsible for the reporting of all applicable income to the Internal Revenue Service in the United States. By entering this Site, you accept and acknowledge that Bookable is not required to and will not withhold or report your income to said tax authority.

  • Certain “force majeure” acts or occurrences can make a Booking infeasible and may authorize a Host or an Artist to terminate and cancel a Booking, such as acts of God, war, civil authority or government regulation, natural disaster, fire, strikes or other labor disputes, curtailment or disruption of transportation, civil disorder, terrorism, an act or occurrence creating a significant risk to the health or safety of a Host or an Artist or severely affecting either party’s performance of the Booking; however, inclement weather rendering a Booking impossible, infeasible or unsafe shall not be deemed a Force Majeure event, and all payment terms of the Booking shall be enforced and carried out in full.  If a Host or Artist disagrees as to whether a rendition of performance at a Booking is impossible, infeasible or unsafe due to inclement weather, then the Artist’s determination shall prevail. 

  • Artist is responsible for providing its own equipment, meals, transportation and lodging to and from any Booking, unless otherwise agreed between the Host and Artist as part of the Booking, and any guests accompanying Artist shall be Artist’s sole responsibility. Hosts are responsible for providing a safe and hospitable location for Artists to perform, as well as safe passage on the Host’s property to said location. 

  • If you change your mind about a Booking, we unfortunately cannot authorize a refund. You can always work with the other party in your Booking to reschedule or modify it. 

  • We do not have any knowledge or participation in transactions completed off or outside of the Site. You bear all risk associated with any such transactions.

  • We are not responsible for any incidents, activities, behaviors, or any problems which may arise in or involving a Booking beyond the Site’s functionality. We make no representations whatsoever as to the stated condition or quality of any user, including any Host or Artist, any information about users of the Site, or any duties or performances related to any Booking. 

  • The decision to engage in the Site’s Services, make an offer for a Booking, meet in person, or exchange any information, including physical addresses or contact information, is a decision and potential risk that is knowingly made, entered into, and understood by each user, whether a Fan, Artist, or Host.  All users hereby agree to take all reasonable precautions and treat other users with respect. Bookable assumes no liability for any losses of any kind to any person or property, including without limitation, property theft, monetary damages of any kind, or personal injury, or any other loss or injury to any person or property.

  • Bookable encourages Hosts and Artists to have practical tools and insurance to ensure a successful performance, such as having adequate insurance, rain plan allowances, and backup gear. While Hosts are expected and encouraged to have homeowners, rental, or other appropriate insurance coverage before deciding to host a performance, and while Artists are expected and encouraged to have personal and professional insurance, and while both are encouraged and expected to have adequate supplies or equipment before deciding to arrange a Booking, Bookable does not and cannot make any representations as to any user’s circumstances and cannot be held responsible for any issues arising from the performance or nonperformance of any aspect of a Booking beyond Bookable’s role to assist in the connection of the parties via the Site and the Site’s function of confirming the Booking itself.  You understand and agree that Bookable is not and shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any issue or conduct of any party outside of the Site’s basic function to confirm the Booking, as set forth herein. 


DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES AND MATERIALS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES OR MATERIALS WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, security and validity of any and all features and functions of the Services, including, without limitation, Materials associated with your use of the Services.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE, NOR ANY OF OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS, WILL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES OR THE MATERIALS, OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, THE CONDUCT OR CONTENT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES OR THE UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID US, IF ANY, IN CONNECTION WITH YOUR USE OF THE SERVICES.

INDEMNIFICATION. You agree to indemnify, defend and hold us, and any of our affiliates, or any of our or their successors and assigns, and any of our or their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers and service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees and court costs), resulting from any breach or violation of this Agreement by you or anyone accessing the Services through your account.

PRIVACY. We respect your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of Services in the United States.

MODIFICATIONS. We reserve the right, in our sole discretion, to modify the terms of this Agreement. We will post or display notices of material changes on the Services. If you use the Services after the changes become effective, such continued use will signify your agreement to be bound by the changes. 

 
LINKS TO THIRD PARTY WEBSITES; THIRD PARTY PURCHASES
This site contains links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. We have no control over the legal documents and privacy practices of third-party websites. As such, you access any such third-party websites at your own risk. Further, the Services may make certain additional features available on the website via third party purchase(s) (“Purchases”). Purchases utilize third party service providers and purchases are subject to their respective terms and conditions of use. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you are required to provide to any such third party, and you irrevocably waive any claim against us with respect to such third party services. Prices and availability of any Purchases are subject to change without notice.

OWNERSHIP OF INTELLECTUAL PROPERTY. As between you and us, the Services, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services (individually and collectively, "Material"), are and will be our property and are protected under U.S. Federal and State, and applicable foreign laws, regulations and treaties. You may not alter, delete or conceal any copyright or other notices contained in the Services, including notices on any Material you download, transmit, display, print or reproduce from the Services. Our name and logo, and other trademarks used in connection with the Services (collectively, the “Trademarks”), are owned or controlled by us or a third party owner. Nothing contained herein or on the Services may be construed as granting any license or right to you to use any Trademark. We may terminate this Agreement and your right to access and use the Services for any unauthorized use of any Trademarks, in our sole discretion, at any time, with or without notice to you. 

COPYRIGHT POLICY. We respect intellectual property rights and expect our users to do the same. You agree that you will not upload or submit to the Services any content that violates or infringes upon any intellectual property rights, including copyrights, trademarks, rights of publicity or privacy, moral rights or any other rights of ours or of any other person or entity. If we become aware of any infringing content, we will act expeditiously to remove or disable access to the such content. If we become aware that one of our users has repeatedly infringed the copyrights of others, it is our policy to terminate such user’s account.

If you are a copyright owner or an agent thereof and you believe that anything on the Services infringes upon your copyrights, please contact contact@thisisbookable.com or write to us at Bookable, LLC, PO Box 41786, Nashville, TN 37204, Attn: Copyright Manager, with the following information (which must comply with 17 U.S.C. 512(c)(3)): an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

CHOICE OF LAW; VENUE 
This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Tennessee,  applicable to contracts made, executed and wholly performed in Tennessee, without regard to conflict of laws principles, and, for the purposes of any and all legal or equitable actions, subject to the arbitration requirements above, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Davidson County, Tennessee, and you agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. 

MISCELLANEOUS TERMS
This Agreement, together with our Privacy Policy, contains the entire understanding and agreement between you and us regarding your use of the Services and supersedes any and all prior understandings relating to your use of the Services. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such holding will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce the terms of this Agreement will survive the termination of this Agreement. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone.

ARBITRATION
You and we agree that any dispute between you and us arising out of or related to this Agreement or the Services will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (the “AAA”) and conducted under the then-current rules of the AAA, except as otherwise provided below. You and we will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between you and us. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT TO ARBITRATE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and, instead, all claims and disputes will be resolved in a court as set forth below. The arbitration will be held in Houston, Tennessee. Any decision rendered in such arbitration proceedings will be final and binding on the parties and judgment may be entered thereon in any court of competent jurisdiction. In the event that either party brings a dispute in a forum other than the AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. As stated below, Tennessee law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate will survive termination of this Agreement. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW OR HEREAFTER HAVE TO A TRIAL IN FRONT OF A JURY.