Terms of Service
Last updated: 02/08/2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Cueup provides an online platform that connects DJs with organizers seeking to book DJs (collectively, the “Services“), which Services are accessible at www.cueup.io and any other websites through which Cueup makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, these Terms of Service are between you and Cueup IVS. Stripe handle any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services“). Payment Services provided by Stripe are subject to the Payments Terms of Service (“Payments Terms“).
“Cueup Content” means all Content that Cueup makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Cueup Content.
“Communication” means an email, message via the Application, text message.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Organizer” means a Member who posts Events and books DJ Services via the Site, Application or Services.
“DJ” means a Member who creates offers via the Site, Application and Services.
“Offer” means the price offered by the DJ for the corresponding DJ Service that can be booked via the Site, Application and Services.
“DJ Service” means the service that is booked for an Event and offered by the DJ via the Site, Application and Services.
“Event” means the entity that is posted by an Organizer and the DJ service is being booked for via the Site, Application, and Services.
“Member” means a person who completes Cueup’s account registration process, including but not limited to DJs and Organizers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Events, Member profile or Cueup promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes, fees (such as convention center fees) that DJs or Organizers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms of Service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH ORGANIZERS MAY CREATE EVENTS AND DJS MAY LEARN ABOUT. ORGANIZERS BOOK THE DJ’S SERVICE DIRECTLY WITH THE DJ. YOU UNDERSTAND AND AGREE THAT CUEUP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ORGANIZERS AND DJS, NOR IS CUEUP A BOOKING AGENCY, AGENT OR INSURER. CUEUP HAS NO CONTROL OVER THE CONDUCT OF DJS, ORGANIZERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY EVENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO BECOME A DJ ON CUEUP, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH CUEUP IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF CUEUP FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF CUEUP. CUEUP DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR PROFILE, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR DJ SERVICE, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF CPH SOUND IVS LUDING BY INAPPROPRIATELY USING ANY CUEUP INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Cueup reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Cueup Account you will be deemed to have accepted the changes.
For users in the United States, Cueup will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Cueup’s vendors.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the DJ and Booking of DJ service. You may view DJs or events as an unregistered visitor to the Site, Application and Services; however, if you wish to book a DJ service or be booked, you must first register to create an Cueup Account (defined below).
As stated above, Cueup makes available an online platform or marketplace with related technology for DJs and Organizers to meet online and arrange for Bookings of DJ Services directly with each other. Cueup is not an provider of the DJ services. Unless explicitly specified otherwise in the Cueup platform, Cueup’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE DJS AND ORGANIZERS CONNECTING AND BOOKING DJ SERVICES DIRECTLY WITH EACH OTHER. CUEUP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY EVENT OR PROFILE AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DJ SERVICE. CUEUP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL DJS AND EVENTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to book a DJ service or create an Event , you must register to create an account (“Cueup Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
By creating an Event, an account is also created for you. The account can be accessed by creating a password and logging in using the password.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook and Soundcloud; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Cueup Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Cueup through the Site, Services or Application; or (ii) allowing Cueup to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Cueup and/or grant Cueup access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Cueup to pay any fees or making Cueup subject to any usage limitations imposed by such third-party service providers. By granting Cueup access to any Third-Party Accounts, you understand that Cueup will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Cueup Account and Cueup Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Cueup Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Cueup’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Cueup Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Cueup makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Cueup is not responsible for any SNS Content.
Your Cueup Account and your Cueup Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Cueup Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Cueup reserves the right to suspend or terminate your Cueup Account and your access to the Site, Application and Services if you create more than one (1) Cueup Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on Cueup, you are not permitted to share your Cueup Account with anyone or allow others to access or use your Cueup Account. Cueup may enable features, in our discretion, that allow other Members to take certain actions associated with your Cueup Account, on your behalf with your express authorization, such as having your executive assistant, booking agent, or employer book on your behalf.. You agree that you will take sole responsibility for any activities or actions under your Cueup Account, whether or not you have authorized such activities or actions. You will immediately notify Cueup of any unauthorized use of your Cueup Account.
Anyone may create Events, and after creating an Event an account is automatically created. To create an Event, you will be asked a variety of questions about the Event to be posted, including, but not limited to, the location, date, organizers, size, features, and time duration and pricing and financial terms. Events will only be available to DJs that are member of the site.
You acknowledge and agree that you alone are responsible for any and all Events and Member Content you post. Accordingly, you represent and warrant that any Event you post and the Booking of, or a DJs service for an Event you post (i) will not breach any agreements you have entered into with any third parties, such as venue owners, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Event you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Cueup assumes no responsibility for an Organizer’s or DJ's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Cueup reserves the right, at any time and without prior notice, to remove or disable access to any Event or Profile for any reason, including Event or Profile that Cueup, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Cueup’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
Anyone may become a DJ at Cueup. To become a DJ you will be asked a variety of questions about the you as a DJ, including, but not limited to, your location, music genres you like to play, birthday, full name and biography. You understand and agree that the selection of you to make an offer for an Event depend on a variety of factors, including, but not limited to, Event specifications, ratings and/or ease of Booking.
Other Members will be able to book your DJ service via the Site, Application and Services based upon the information provided in your profile, your requirements, and Organizers preferences. You understand and agree that once an Organizer requests a Booking of your DJ service, you may not request the Organizer to pay a higher price than in the offer for the Booking.
If you are a DJ, you understand and agree that Cueup does not act as an insurer or as your contracting agent. If an Organizer requests a Booking of your DJ Service, any agreement you enter into with such Organizer is between you and the Organizer and Cueup is not a party to it.
Members are required by these Terms to provide accurate information. Although Cueup may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for an Cueup Account, you agree that Cueup may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Cueup about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a DJ or to accept or preapprove a Booking request from an Organizer, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Cueup with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Events made by you. This limitation shall not apply to any claim by a DJ against Cueup regarding the remittance of payments received from an Organizer by Cueup on behalf of a DJ, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
“DJ Prices” means the amounts that are due and payable by an Organizer in exchange for the DJ Service. The DJ alone, and not Cueup, is responsible for the DJ Price for his or her DJ Service. The DJ may in his or her sole discretion decide to include in these amounts (i) any fee permitted on the Cueup platform, or (ii) Taxes that the DJ determines that he or she has to collect.
“Service Fees” means the fee that Cueup charges an organizer for the use of the Services, which is calculated as a percentage of the applicable DJ Price. The Service Fees will be displayed to the Organizer when the Organizer is asked confirm a Booking of a DJ service. It will also be showed to the DJ when making an offer.
“Cueup Fees” means the fee that Cueup charges a DJ for the use of the Services, which is calculated as a percentage of the applicable DJ Price. The Cueup Fees will be displayed to the DJ when the DJ is asked to make an offer.
“Payment Method” means a payment method that you are using to pay or have added to your Cueup Account, such as a credit card, debit card or PayPal.
“Total Fees” means collectively the Cueup Fee and the Service Fees plus any Taxes.
Bookings and Financial Terms for DJs
If you are a DJ and a Booking is requested for your DJ service via the Site, Application or Services, you will be required to either, accept or decline the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Organizer who has requested the Booking, , the information of the Event, Contact information for the Organizer. If you cancel the booking after it has been confirmed and paid, any amounts collected by Cueup (via Stripe) for the requested Booking will be refunded to the applicable Organizer. When an organizer confirms a Booking offer , Cueup will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.
If you, as a DJ, choose to enter into a transaction with an Organizer for the Booking of a DJ Service, you agree and understand that you will be required to enter into an agreement with the Organizer and you agree to accept any terms, conditions, rules and restrictions associated with the Event as imposed by the Organizer.
Stripe will collect the Total Fees and DJ Price from Organizer at the time of the Booking confirmation, After the event is finished (in regards to the finish time specified for the event) Stripe will initiate payment of the DJ Price (less applicable fees and taxes) to the DJ at the time and as further described in these terms.
Each DJ agrees that Cueup may, in accordance with the cancellation policy selected by the DJ and reflected in the relevant Offer, (i) permit the Organizer to cancel the Booking and (ii) refund (via Stripe) to the Organizer that portion of the DJ Price specified in the applicable cancellation policy.
Bookings and Financial Terms for Organizers
The DJs, not Cueup, are solely responsible for honoring any confirmed Bookings and making available any DJ Service reserved through the Site, Application and Services. If you, as an Organizer, choose to enter into a transaction with a DJ for the Booking of a DJ Service, you agree and understand that you will be required to enter into an agreement with the DJ and you agree to accept any terms, conditions, rules and restrictions associated with such DJ Service imposed by the DJ.
You acknowledge and agree that you, and not Cueup, will be responsible for performing the obligations of any such agreements, that Cueup is not a party to such agreements, and that, with the exception of Stripe’ obligations pursuant to the Payments Terms, Cueup (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Service Fees payable will be displayed to an Organizer before the Organizer confirms a Booking request to a DJ. Upon receipt of your Booking request, Stripe may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a confirmed Booking is cancelled (i.e. by the applicable DJ), any amounts collected by Stripe will be refunded to such Organizer, depending on the selections the Organizer makes via the Site and Application, and any pre-authorization of such Organizer's Payment Method will be released, if applicable.
You as an Organizer agree to pay the Service Fees for any Booking requested, and in most cases confirmed, in connection with your Cueup Account. Stripe will collect the Total Fees pursuant to the Payments Terms.
Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.
Service Fees and Other Fees
In consideration for the use of Cueup’s online marketplace and platform, Cueup charges Fees. Stripe collects these Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Fees. Cueup deducts the Fees from the DJ Price before remitting the balance to the Organizer as described in the Payments Terms.
Applicable Service Fees, will be shown to Organizers via the Site and Application at payment, prior to their submission of a Booking confirmation. More information on Services Fees can be found at the Cueup FAQ.
General Booking and Financial Terms
Cancellations and Refunds
If, as an Organizer, you wish to cancel a confirmed Booking made via the Site, Application and Services, prior to the Event, the cancellation policy of the DJ contained in the applicable Offer will apply to such cancellation. Ongoing or finished events cannot be cancelled. Our ability to refund the DJ Price, Service Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. Stripe will initiate any refunds due pursuant to the Payments Terms.
If a DJ cancels a confirmed Booking made via the Site, Services, and Application, (i) Stripe will refund the Total Amount for such Booking to the applicable Organizer pursuant to the Payments Terms and (ii) the Organizer will receive a Communication from Cueup containing alternative Offers and other related information. If the Organizer requests a Booking from one of the alternative Offers and the DJ associated with such alternative Offer confirms the Organizer’s requested Booking, then the Organizer agrees to pay Cueup the Total Fees relating to the confirmed Booking for the DJ Service in the alternative Offer, in accordance with these Terms. If a DJ cancelled a confirmed Booking and you, as an Organizer, have not received a Communication from Cueup, please contact Cueup.
If, as a DJ, you cancel a confirmed Booking, you agree that Cueup may apply penalties or consequences to you or your Offers, including (i) publishing an automated review on your Profile indicating that a Booking was cancelled, or (ii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Cueup may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. This may be for reasons set forth in Cueup’s Extenuating Circumstances Policy or for any other reason. Cueup may also determine, in its sole discretion, to refund to the Organizer part or all of the amounts charged to the Organizer in accordance with the Organizer Refund Policy or in connection with a cancellation under Cueup’s Extenuating Circumstances Policy. You agree that Cueup and the relevant Organizer or DJ will not have any liability for such cancellations or refunds.
Cueup may, in its sole discretion, round up or round down amounts that are payable from or to Organizer or DJs to the nearest whole functional base unit in which the currency is denominate (e.g. to the nearest dollar, euro or other supported currency); for example, Cueup will round up an amount of 102.00, and 101.00.
Some currencies are denominated in large numbers. In those cases, Cueup may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Cueup to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Tax regulations may require us to collect appropriate tax information from our DJs, or to withhold taxes from payouts to DJs, or both. You as a DJ are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a DJ fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a DJ understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Offers. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Cueup cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from an Organizer or DJ, Cueup may issue a valid VAT invoice to such Organizer or DJ.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from DJs or Organizers on the amount paid for the booking of the DJ service, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the DJ Price set by DJ..
Cueup’s online platform facilitates Bookings between Organisers and DJs who may pay in a currency different from their own currency, which may require currency conversions to accommodate these differing currency preferences. Although the Cueup platform allows users to view the price of Offers in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Damage associted with an Event
If an Organizerhas a Damage Claim for a confirmed Booking, contact us immediately. Cueup reserves the right to withhold payouts until a claim has been resolved, and also collect payment from the DJ in situations in which the DJ have been determined, in Cueup’s sole discretion, to have damaged any personal or other property located at an Event’s location. Cueup is by no means responsible for any damages at an Event.
Both Organizers and DJs agree to cooperate with and assist Cueup in good faith, and to provide Cueup with such information and take such actions as may be reasonably requested by Cueup, in connection with any Damage Claims or other complaints or claims made by Members relating to Events or any personal or other property located at an Event .
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Cueup endorsement, partnership or otherwise misleads others as to your affiliation with Cueup;
- dilute, tarnish or otherwise harm the Cueup brand in any way,
including through unauthorized use of Collective Content,
registering and/or using Cueup or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Cueup domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of Cueup or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Cueup Member;
- offer, as a DJ, any DJ Service that may not be Booked pursuant to the terms and conditions of an agreement with a third party;
- register for more than one Cueup Account or register for an Cueup Account on behalf of an individual other than yourself;
- contact another Member for any purpose other than asking a question related to a Booking, Offer, or the Member’s use of the Site, Application and Services;
- recruit or otherwise solicit any DJ or other Member to join third-party services or websites that are competitive to Cueup, without Cueup’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a DJ or Organizer and then complete a Booking of a DJ Service independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Cueup’s provision of the Services or for any other reasons;
- as a DJ, submit any Offer with false or misleading information, including price information, or submit any Offer with a price that you do not intend to honor;
- violate these Terms or Cueup’s then-current Policies and Community Guidelines or Standards;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Cueup’s name, any Cueup trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Cueup’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, Cueup’s computer systems, or the technical delivery systems of Cueup’s providers;
- attempt to probe, scan, or test the vulnerability of any Cueup system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cueup or any of Cueup’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for DJ Prices outside Stripe. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Cueup harmless from any liability for such payment.
Cueup has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Cueup may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Event(s) or Cueup Account, for a violation of this Section or these Terms.
Cueup may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Cueup or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Cueup, its users, or members of the public. You acknowledge that Cueup has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Cueup reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Cueup, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you have any experience with a member who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Cueup by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Cueup and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Cueup used on or in connection with the Site, Application, Services, and Cueup Content are trademarks or registered trademarks of Cueup in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Cueup Content are used for identification purposes only and may be the property of their respective owners. As a DJ, Organizer, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Cueup’s Trademark & Branding Guidelines (as may be updated from time to time).
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings.
Cueup Content and Member Content License
Subject to your compliance with these Terms and Cueup’s Trademark & Branding Guidelines, Cueup grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Cueup Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cueup or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Cueup promotional campaigns, you hereby grant to Cueup a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Cueup does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Cueup promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Cueup promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Cueup the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cueup’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Cueup promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Cueup is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cueup of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Cueup and you hereby irrevocably assign to Cueup and agree to irrevocably assign to Cueup all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Cueup’s request and expense, you will execute documents and take such further acts as Cueup may reasonably request to assist Cueup to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Cueup respects copyright law and expects its users to do the same. It is Cueup’s policy to terminate in appropriate circumstances the Cueup Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Cueup’s Copyright Policy for further information.
Term and Termination, Suspension and Other Measures
These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Cueup terminate these Terms as described below.
Termination for convenience
You may terminate these Terms at any time via the “Delete Profile” feature on the Site or by sending us an email. If you delete your Cueup Account as a DJ, any confirmed Bookings will be automatically cancelled and the applicable Organizers will receive a full refund. If you cancel your Cueup Account as an Organizer, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Cueup may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Termination for breach, suspension and other measures
Cueup may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Cueup Account registration, or Offer process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Cueup believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Cueup or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Cueup may deactivate or delay Offers, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Cueup Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Cueup Account, or temporarily or permanently suspend your Cueup Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Organizers or DJs, or (ii) Cueup believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Cueup or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described in this Section 24.C, we may (i) communicate to your Organizers or DJs that a pending or confirmed Booking has been cancelled, (ii) refund your Organizers in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Organizers, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Cueup and an opportunity to resolve the issue to Cueup’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Cueup Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Cueup Account has been suspended or this Agreement has been terminated by us, you may not register a new Cueup Account or attempt to access and use the Site, Application and Services through other Cueup Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CUEUP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, ORGANIZERS AND DJS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CUEUP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CUEUP MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CUEUP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY OFFERS, EVENTS, ORGANIZERS, DJS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CUEUP OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ORGANIZERS OR DJS. YOU UNDERSTAND THAT CUEUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. CUEUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DJS AND ORGANIZERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY CUEUP. CUEUP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY ORGANIZER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR OFFER OR BOOKING OF ANY DJ SERVICE VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CUEUP WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER CUEUP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR OFFER OR BOOKING OF ANY DJ SERVICE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CUEUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CUEUP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR OFFER OR BOOKING OF ANY DJ SERVICE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY DJ SERVICE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A ORGANIZER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A DJ, THE AMOUNTS PAID BY CUEUP TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUEUP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Cueup and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an DJ Service, or (iii) creation of an Offer; (d) the use, condition or Booking of an DJ Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an DJ Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without Cueup’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cueup may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Cueup (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
If you reside in the United States, you and Cueup agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Cueup are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Cueup otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Cueup otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Cueup submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Cueup will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Cueup will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Cueup changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Cueup’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Cueup in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Cueup to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cueup. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Additional Clauses for Users Contracting with Cueup Ireland
The following paragraphs will apply if you are contracting with Cueup Ireland.
The second paragraph of Section 24.D, Term and Termination, Suspension and Other Measures, shall be removed and replaced with the following: “If you or we terminate this Agreement, we do not have an obligation to return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Cueup Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Cueup Account has been suspended or this Agreement has been terminated by us, you may not register a new Cueup Account or attempt to access and use the Site, Application and Services through other Cueup Accounts.”
The Controlling Law and Jurisdiction section shall be removed and replaced with the following: “Controlling Law and Jurisdiction These Terms will be interpreted in accordance with Irish law. You and we agree to submit to the non-exclusive jurisdiction of the Irish courts for resolving any dispute between the parties. If Cueup wishes to enforce any of its rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident.”
The Dispute Resolution section shall be removed and is not applicable.
If you have any questions about these Terms or any App Store Sourced Application, please contact Cueup.