PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING GIXON
These Terms were last updated on 26 April 2021
Welcome
The Gixon app and Gixon website (together, “Gixon“) are developed and operated by Libera la Musica Oy (“we“, or “our“), a company registered in Finland.
These Terms and Conditions, together with our User Rules, Gift Card Terms and Conditions, Earn Credits and Refunds, Cancellations and Complaints Policy (together, the “Terms“) are a legal agreement between Gixon and you (“Host“, “Artist”, “you” or “your”) and apply to your use of Gixon.
For information on how we process your personal data, please see our Privacy Policy.
You must review these Terms before you use Gixon. By using our website and by ticking the box next to these Terms when setting up your account, you agree to these Terms. Please do not use Gixon if you do not agree to these Terms.
Some provisions in these Terms only apply if you are a regarded as a consumer (rather than a trader) under the applicable laws in the country where you are resident. Although laws differ between countries, you will likely be regarded a trader (“Trader“) if you are acting for purposes relating to your trade, business, craft, or profession and you will likely be regarded as a consumer (“Consumer“) if you are acting for purposes outside your trade, business, craft, or profession.
Changes
We may occasionally make changes and improvements to Gixon (like new features) and these Terms, but we’ll notify you of any significant changes in advance either by email or via a prominent notice in Gixon. You can choose to stop using Gixon at any time.
Depending on the improvements, you may not be able to use Gixon until you have accessed or downloaded the latest version of Gixon and reviewed and accepted any new Terms and Conditions.
What is Gixon?
Gixon is a community and marketplace that connects artists, musicians, bands, music groups and performers (each an “Artist“) with people, businesses and venues like you (each a “Host“) for the performance by the Artist of live music, music lessons, or related services (the “Artist Services“) for a fee (“Artist Fee“) at a specific place (“Venue“), time and date (an “Event“). Artists and Hosts are both “Users“.
How Gixon works for Hosts?
You may use Gixon to browse available Artists, view their profiles, view their standard Artist Fees, and submit requests to book an Event. Once your request has been accepted, Artists may then contact you via Gixon to discuss details such as the Artist Services that will be performed, (the “Event Details“). You will also receive an Event booking confirmation via email with all the details (“Event Confirmation“). You understand and agree that when you commit to booking the Event and receive the Event Confirmation, you enter into a legally binding agreement with that Artist to purchase the Artist Services in accordance with the Event Details (an “Artist Services Agreement“).
You may also upload content to Gixon such as your name, biographic or business details, pictures, videos, reviews and comments (“User Content“).
Artists may have additional terms and conditions relating to their Artist Services (such as space or electricity requirements) which you should check before entering into an Artist Services Agreement. You can check for these by discussing the Event with the Artist directly and by reviewing the Artist’s Gixon profile.
If you need to amend the Event Details or cancel the Event, you must do so via the Gixon app.
After the Event, you will leave the Artist a review based on your experience of the Artist Performance and the Artist will leave you a review based on their experience of the Event. Reviews will be publicly available and will contribute to your Gixon rating. Artists will see your Gixon rating when they receive your event booking request.
We do not provide booking agency services, perform Artist Services, or employ Artists. Artists, like Hosts, use Gixon as independent contractors. While we try to ensure all Artists act in a professional, punctual, and skilled way, we don’t and can’t control Artists or their performance of the Artist Services. Artist Services Agreements are a legally binding agreement between you and the Artist only. We are not and will not be a party to any Artist Services Agreement.
Gixon may include third party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute these components (“Open Source Components”). Although Gixon is provided to you subject to these Terms, nothing in these Terms will prevent or restrict you from obtaining these Open Source Components under the applicable third party licences or to limit your use of these Open Source Components under those licences.
How Gixon works for Artists?
You may use Gixon to promote your Artist Services. To help you do this, you may upload and post content such as your name, biographic details, pictures, videos(“User Content“) to Gixon. To demonstrate your musical style and capabilities to potential Hosts, you may upload and post short promotional musical performance videos to your profile (“Promo Videos“) via your Gixon account. We may feature the best Promo Videos in adverts for Gixon. promo Videos must be no longer than 30 seconds, no larger than 300 MB, and in portrait orientation. Promo Videos are User Content for the purposes of these Terms.
Hosts may view your profile and Promo Video,submit Event booking requests with time, date, location, duration, and Artist Fees (the “Event Details“). Once you have accepted the booking request, you will receive an Event booking confirmation via email (“Event Confirmation“). You understand and agree that when you agree the Event Details and receive the Event Confirmation, you enter into a legally binding agreement with the Host to perform the Artist Services in accordance with the Event Details (an “Artist Services Agreement“).
Hosts may have additional terms and conditions (such as Venue rules or a preferred set list) which you should check before entering into an Artist Services Agreement. You can check for these by discussing the Event with the Host directly and by reviewing the Host’s Gixon profile.
You may not change the Event Details once you have accepted an Event and received an Event Confirmation via Gixon. If you have to cancel the Event for reasons you can’t control (for example because you are ill), you must notify the Host via Gixon as soon as possible
After the Event, you will leave the Host a review based on your experience of the Event and the Host will leave you a review based on their experience of the Event. Reviews will be publicly available and will contribute to your Gixon rating. Hosts will see your Gixon rating when browsing Artist profiles.
We do not provide promoter or booking agency services and you use Gixon as an independent contractor. While we try to ensure all Hosts act in a helpful and polite way, we don’t and can’t control Hosts or their behaviour. Artist Services Agreements are a legally binding agreement between you and the Host only. We are not and will not be a party to any Artist Services Agreement.
Gixon may include third party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute these components (“Open Source Components”). Although Gixon is provided to you subject to these Terms, nothing in these Terms will prevent or restrict you from obtaining these Open Source Components under the applicable third party licences or to limit your use of these Open Source Components under those licences.
Using Gixon
We created Gixon to help amazing Artists like you gain more experiences and exposure, connect with Hosts, get more gigs and get paid, and create memorable musical experiences for you and your audience. Gixon is a community and marketplace founded on respect – respect for each other’s creativity, rights, feelings, and differences. That’s why we want everyone using Gixon to do so without bullying, harassing, intimidating, spamming, or violating the rights of others.
We may remove User Content that doesn’t comply with these Terms or our User Rules. We may suspend or terminate a your access to Gixon if you repeatedly don’t comply with these Terms or our User Rules.
We will provide Gixon with reasonable care and skill. We always try to ensure that Gixon works with the latest version of iOS and Android (though we may need some time to ensure Gixon runs smoothly after a new version of iOS or Android is released).
Your Responsibilities as a Host?
In return for us developing and operating Gixon, you must:
comply with our User Rules when using Gixon;
before the Event, ensure your Venue is safe and that there is enough space for the Artist to perform the Artist Services;
before and during the Event, communicate collaboratively with the Artist and let them know your requirements and any updates they should be aware of (such as special instructions to find or enter the Venue);
treat, and ensure that others at the Event treat, the Artist with respect so that the Artist is able to perform the Artist Services without harassment or distraction;
not, and must ensure that others at the Event do not make any recording (whether audio or video) of the Artist Services; and
host the Event in accordance with and with respect for applicable health and safety laws and governmental guidelines, including social distancing guidelines.
You are responsible for all costs associated with the Venue, including rental or ownership costs, equipment hire, insurance, licensing, and compliance with law (including health and safety law).
Your Responsibilities as an Artist?
In return for us developing and operating Gixon, the promotional benefits you receive, and the Net Fees (if any) we pay you, you must:
comply with our User Rules when using Gixon;
communicate collaboratively with the Host and let them know your requirements and any updates they should be aware of (such as electricity requirements or if you need to arrive early to set up your equipment);
arrive at the Event at the time agreed with the Host and perform the Artist Services in accordance with the Event Details;
during the Event, perform the Artist Services to a high professional standard and in compliance with applicable laws, governmental rules and regulations, and any Venue rules; and
during the Event, respect and comply with any requirements or guidelines set by the government or Host relating to health and safety, including social distancing guidelines.
You are responsible for your own travel costs to and from the Event.
If you agree to perform the Artist Services with other band members, session musicians, dancers, or any other supporting performers (“Supporting Performers”), you must ensure that the Supporting Performers comply with the responsibilities listed on this section.
Fees
You, as a Host, must pay all Artist Fees payable when booking an Event using Gixon. You may be required to set up an account with Stripe (our third party payment service provider) before booking an Event.
All Artist Fees are exclusive of any applicable sales tax. You are responsible for calculating and accounting for any VAT and other taxes which may be payable in respect of the Artist Services.
You, as an Artist, may set the Artist Fee that Hosts pay for your Artist Services by using Gixon’s available functionality. You are responsible for calculating and accounting for any VAT and other taxes which may be payable in respect of the Artist Services.
Within 7 (seven) days following the Event we will credit your earnings account balance with a sum equivalent to the Artist Fees less Gixon’s applicable fees, as well as any expenses such as merchant and transaction fees, chargebacks, overhead and any applicable sales taxes (“Net Fees“). You may be required to set up an account with Stripe (our third party payment service provider) to receive Artist Fee payments.
Refunds and Cancellations
As a Host,
if you cancel the Event more than 15 days before the Event is scheduled, you will be charged 15% of all Artist Fees paid in relation to the Event.
If you cancel the event 15 days or less before the Event is scheduled, you will be charged 100% of all Artist Fees paid in relation to the Event.
In some circumstances, you will not be charged for cancelling an Event. These circumstances are entirely at our discretion and further information and evidence may be required.
As an Artist,
if you cancel the Event more than 15 days before the event is scheduled, you will be charged 5% of all Artist Fees paid in relation to the Event.
the Host will receive a full refund of fees paid;
you will not receive any Artist Fees in relation to the Event; and
your account will be charged 5% of the fees paid by the Host.
if you cancel the Event 15 days or less before the event is scheduled, you will be charged 15% of all Artist Fees paid in relation to the Event.
the Host will receive a full refund of fees paid;
you will not receive any Artist Fees in relation to the Event; and
your account will be charged 15% of the fees paid by the Host.
Frequent cancellations may result in your removal from Gixon.
In some circumstances, you will not be charged for cancelling an Event. These circumstances are entirely at our discretion and further information and evidence may be required.
Copyright and Intellectual Property
Intellectual property is the legal phrase used to describe what you create (for example, an original song or an original brand would be intellectual property). Copyright, trade marks, designs, and patents are all examples of intellectual property. In these Terms, “intellectual property rights” means all intellectual property rights of any kind which exist now or will exist in the future anywhere in the world, including: (i) copyrights; (ii) trade marks, corporate names, logos, designs, internet domain names; (iii) all rights relating to the protection of computer software (in both source code and object code form); (iv) all rights relating to the protection of business and trade secrets, know-how and confidential information; and (vi) all rights to obtain renewals, or other extensions of legal protection in relation to these rights.
A licence is a legal phrase that means a permission to do something that would otherwise not be legal or allowed. An assignment is a legal transfer from one person or organisation to another.
Except for the User Licence you grant us in section 10.1 below, you (or any other person that has given you permission to upload your User Content) own and will keep all intellectual property rights in the User Content you upload or post to Gixon.
Except for the Gixon Licence we grant you in section 9.1 below, we (or the Gixon Partners) own and will keep all intellectual property rights in Gixon.
Except for the Gixon Licence we grant you at section 9.1 below and the User Licence you grant us at section 10.1, no intellectual property rights are transferred or licensed in these Terms.
As far as permitted by law, you give up and agree not to use against Gixon any moral rights, rights of privacy, publicity, or similar rights under other laws in connection with your User Content ( which includes your Promo Videos) and you understand that we can use your User Content without referring to you as the author and that we can adapt and amend your User Content as necessary to operate and promote Gixon.
Anyone who owns or controls copyright may submit a take-down request to Gixon in relation to content or materials they suspect infringes their copyright. As long as these take-down requests contain certain information, intellectual property law requires Gixon to act quickly to disable access to the content that the take-down request identifies as infringing. If you repeatedly infringe copyright, we may (where appropriate) suspend or stop your access to Gixon. You can read our full copyright policy.
Rights We Grant to You
In return for you complying with these Terms, we grant you a limited, non-exclusive, non-transferable licence to use LiveM (“Gixon Licence“).
Gixon and any other software made available to you via Gixon is licensed (not sold) to you, meaning that we (or the Gixon Partners) continue to own all copies of Gixon when it is running or installed on your device. The Gixon Licence stays in effect for as long as you use Gixon.
You may only use the Gixon logo and brand with our written permission.
Rights You Grant to Us
In return for operating, developing, providing, and improving Gixon, when you upload User Content via Gixon you grant:
to us, a non-exclusive, royalty-free, everlasting, worldwide licence to use, copy, analyse, modify, adapt, display, perform, communicate, transmit, and distribute your User Content in any format, for the purpose of developing, operating, and improving Gixon (including for commercial purposes);
to us, a royalty-free licence to use your name, username, image, and likeness to identify you as the provider of your User Content; and
to other Users, a non-exclusive licence to access and view your User Content, name, username, image, and likeness via Gixon.
The licences granted at section 17. are together the “User Licence”.
You understand and agree that, as far as the law allows, our operating, developing, providing, and improving of Gixon (as well as our payment to you of any Net Fees) is sufficient, full and fair compensation for your grant to us and the use by us of the User License and we will not be required to make any payments to you other than the Net Fees (if any)
If you are an Artist affiliated with a performing rights organisation, label, or agency (“Affiliates”), you are responsible for notifying the Affiliates of the User Licence you grant under these Terms, and for complying with any relevant reporting obligations to the Affiliates. You are responsible for ensuring that your use of Gixon complies with any contract you may have with any Affiliate. If you have assigned your rights to a music publisher, then you must obtain the consent of this music publisher to grant the User Licence you grant under these Terms, or have such music publisher enter into an agreement with us. Just because you created a musical work does not mean that you have the right to grant the User Licence under these Terms. You understand that you will only be paid in respect of your performance of Services and that you will have no right to receive any income or other payment from the use of your User Content uploaded to Gixon.
If you think we could improve Gixon, please let us know how by emailing us at support. If you provide any suggestions or feedback, you understand and agree that we can use your suggestions and feedback without paying or compensating you.
Your Account
You must be at least 18 (or the legal age of majority in the country where you are resident, if older) to create an account and use Gixon.
Your account is your responsibility. Please make sure you create a strong password, never share it with anyone, and keep your account details secure.
You must not buy, sell, or rent your Gixon account.
You must not create more than 1 account without our written permission. If we delete or suspend your Gixon account, you must not create another Gixon account without our permission.
Any mobile or data roaming charges you incur when using Gixon are your responsibility.
Your Legal Responsibility as a Host
You confirm that:
you have the right to agree to these Terms and to comply with all of your obligations in these Terms;
if you are agreeing to these Terms on behalf of a company or organisation, you have the legal right to act on their behalf and enter into binding agreements on their behalf;
you have obtained all necessary licences from the appropriate performing rights organisation(s) and appropriate insurance cover for the Event and the Venue;
you will not, and will ensure that others at the Event do not, make any recording (whether audio or video) of the Artist Services;
you own or have the right to use the User Content you upload;
nothing you upload will interfere with the rights of anyone else;
you have obtained all necessary consents, permissions or releases from anyone appearing in your User Content;
your User Content doesn’t and won’t break any law or regulation that applies to you or your User Content;
you and your User Content do and will comply with our User Rules; and
the details you used when setting up your account are correct and you will update those details if they change.
We may remove your User Content or, where appropriate, suspend or stop your access to Gixon if we reasonably believe that any of the confirmations you provide above aren’t true.
Your Legal Responsibility as an Artist
You confirm that:
you have the right to agree to these Terms and to comply with all of your obligations in these Terms;
if you are agreeing to these Terms on behalf of any other person (such as a Supporting Performer) you have the legal right to act on their behalf and enter into binding agreements on their behalf;
you will perform the Artist Services in accordance with applicable laws, regulations, governmental guidelines, and any applicable Venue rules and in such a way that does not infringe third party rights (including intellectual property rights);
you own or have the right to use the User Content you upload (including all of your Promo Videos);
nothing you upload will interfere with the rights of anyone else;
you have obtained all necessary consents, permissions or releases from anyone appearing in your User Content (including anyone that performs or appears in your Promo Videos);
your User Content doesn’t and won’t break any law or regulation that applies to you or your User Content;
you and your User Content do and will comply with our User Rules; and
the details you used when setting up your account are correct and you will update those details if they change.
We may remove your User Content (or any part of it, including your Promo Videos) or, where appropriate, suspend or stop your access to Gixon if we reasonably believe that any of the confirmations you provide above aren’t true.
Our Legal Responsibility
We confirm that we will provide Gixon to you:
in accordance with applicable laws;
in a timely and professional manner; and
using the reasonable skill and care of a competent service provider.
As far as the law allows, we are not responsible for:
any costs or expenses associated with the Venue, including rental or ownership costs, equipment hire, insurance, licensing, or costs arising from compliance with law (including health and safety law);
any travel costs of the Artist or the Host;
losses, damage, costs or expenses not caused by our breach of these Terms, including travel costs;
the actions or inactions of other Users;
any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage (for example, loss of profits) and where we could not have anticipated that type of loss arising when you agreed to these Terms;
any harm, loss or damage suffered by you or anyone else if Gixon is interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, failure of or delays in third party communications networks, acts of terrorism, or power failure).
We do not review User Content to check for accuracy or copyright infringement. Because we have no control over User Content, you understand and agree that we are not responsible for any User Content that appears on Gixon, including its accuracy or availability.
You understand and accept that your access to Gixon depends on connectivity over communications networks and facilities that we don’t control and that you may experience limitations, delays and other problems when using Gixon because of your use of these networks and facilities. We are not responsible for any problems caused by your use of these networks and facilities.
We can’t promise that any of the content uploaded or posted to Gixon by other Users will be owned or controlled by those users or that this content will not infringe the rights of others. We can’t promise that your use of Gixon will be uninterrupted or error free, or that the information you get from Gixon will be accurate, complete, current, or reliable. As long as we provide Gixon with reasonable care and skill, we are not responsible for any loss or damage that you may experience as a result of any interruption or delay to your access to Gixon.
Limitation of Our Responsibility
Nothing in these Terms denies or limits responsibility for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other loss or damage which cannot be denied or limited under applicable law.
If you are a Trader:
Gixon is provided to you on an “as is” basis;
our total liability in respect of any breaches or losses arising out of or in connection with these Terms is limited to the sum of all Artist Fees paid by you in the preceding twelve (12) month period; and
we are not liable in respect of any infringement of intellectual property arising from your breach of these Terms or your use of Gixon in conjunction with any applications, content or services provided by you or any third party.
Financial Compensation
If you are a Trader, you must compensate us, keep us fully and effectively compensated, and hold us harmless, in relation to all liabilities, costs, expenses, damages and losses (including any professional or legal costs and expenses) suffered or incurred by us arising out of or in connection with any claims, actions, or proceedings, relating to your or a Supporting Performer’s breach of these Terms.
Termination
Unless they are terminated by you or us, these Terms apply for as long as you use Gixon.
You may terminate these Terms at any time by contacting customer service at support or by deleting your account.
In addition to our right to remove any content from Gixon, we may suspend, restrict or terminate your access to Gixon or terminate these Terms (including the Gixon Licence) if we reasonably believe you failed to comply with these Terms or our User Rules.
On termination of these Terms: (i) you must stop using Gixon and delete and uninstall all copies of any of our apps and all related content from your device(s); and (ii) we may delete any data you submitted or provided via Gixon, except where the law says we must keep it.
Third Party Services and Partners
Gixon may include and link to features, websites and services (such as (Facebook, Instagram, Youtube, Twitter, TikTok, Soundcloud) that are provided by third parties. We do not control these third party sites or services and are not responsible for the content of these sites or services. If we include a link to any of these sites or services, this does not mean that we endorse or are associated with them. The terms of that third party website or service will apply to your use of it and we will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service. We recommend that you check the applicable third party service’s terms and conditions of use before using that third party service.
Through Gixon we provide you with access to services, technology, content, and materials generated by the Gixon Partners. Through separate agreements with the Gixon Partners, Gixon has acquired the right to exploit these services, technology, content, and materials. We work with:
Stripe Payments Europe, Ltd. (“Stripe“) to provide payment services for Gixon; and
other partners that may provide Gixon with different services, technology, content, and materials from time to time.
The partners listed above are the “Gixon Partners“.
Complains, Disagreements and Claims
You can complain or submit your opinion about Gixon by contacting us at support. If you are a Consumer, this does not prevent you from making any legal claim or complaint to a regulator outside of this process.
If you are a Trader, the laws of Finland will apply to any disagreement or claim regarding these Terms and the courts in Helsinki, Finland will be the only courts allowed to resolve the disagreement or claim. If the courts in the country where you are resident will not apply the laws of Finland (for example, because you are a Consumer), then the laws that apply where you are resident will apply to these Terms and the courts in the country where you are resident will resolve the disagreement or claim.
If you are a Consumer, nothing in these Terms deprives you of your right under European law to bring a claim via the European Commission’s Online Dispute Resolution mechanism (available at http://ec.europa.eu/odr).
Other Important Legal Terms
As far as permitted by law, we can transfer or sub-license our rights and obligations under these Terms to any company, organisation, or person. If you are a Trader, you may not transfer or sub-license your rights or obligations under these Terms to any company, organisation, or person.
If you fail to comply with these Terms and we take no action against you, or if we delay in doing so, that does not mean that we have given up our rights against you and (subject to statutory limitation periods) we will still be entitled to enforce our rights and remedies against you in relation to that failure to comply.
We have agreed to these Terms as independent contractors only and nothing in these Terms creates a partnership, joint venture, contract of employment, or agency of any kind between us and you or any third party. Neither you nor we can make any commitments or agreements on the other’s behalf.
If any provision or part-provision of these Terms is or become invalid, illegal or unenforceable, it will be considered deleted from these Terms.
These Terms and any rules or policies they refer to contain the entire agreement between us and you relating to your use of Gixon and apply instead of any previous agreements, arrangements, undertakings or proposals between us and you relating to the use of Gixon.
No person other than you or us (including any employee, officer, agent, representative or subcontractor of you or us) has the right (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of these Terms without the written consent of both you and us.
Contact and Company Information
If you have any questions or comments about these Terms, please contact us at: support.
If we have to contact you, we will send an e-mail to the address you provide to us when you create your account.
Libera la Musica Oy registered company number is 2830471-9 and our registered office is at Kanavakatu 6,as 216, 00160, Helsinki, Finland.
