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.
IN PARTICULAR, LISTERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO LISTER PAYING RENTERS FOR SHORT-TERM RENTALS. IN MANY CITIES, LISTERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING RENTERS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. LISTERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON GIGGSTER.
Last Updated: 09/15/22
Giggster provides an online platform that connects listers who have properties to rent with renters seeking to rent such properties for uses including but not limited to motion pictures, television and other types of creative productions (collectively, the "Services"), which Services are accessible at www.giggster.com and any other websites through which Giggster makes the Services available (collectively, the "Site").
If you are using the Site or Services, these Terms of Service are between you and Giggster, Inc. (hereinafter referred to as "Giggster", "we", "us", or "our") with respect to use of the Site or Services and with Stripe, a third-party payment processor, (“Stripe”) with respect to any payments or payouts from or to you conducted through the Site.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Renter (as determined by Giggster in its sole discretion), within which a Lister may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and Giggster Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Giggster Content" means all Content that Giggster makes available through the Site and Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Lister" means a Member who creates a Listing via the Site and Services.
"Listing" means a Property that is listed by a Lister to be available as a rental via the Site, and Services.
"Member" means a person who completes Giggster's account registration process, including but not limited to Listers and Renters, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Giggster promotional campaign to be made available through the Site or Services.
"Property" means residential, commercial and other properties.
"Renter" means a Member who requests from a Lister a booking of a Listing via the Site or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes, transient occupancy taxes, tourist or other visitor taxes, property or lodging taxes, fees (such as convention center fees) that Property providers 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.
In addition, certain areas of the Site (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, 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, 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 or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LISTERS MAY CREATE LISTINGS FOR PROPERTIES AND RENTERS MAY LEARN ABOUT AND BOOK PROPERTIES DIRECTLY WITH THE LISTERS. YOU UNDERSTAND AND AGREE THAT GIGGSTER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LISTERS AND RENTERS, NOR IS GIGGSTER A REAL ESTATE BROKER, AGENT OR INSURER. GIGGSTER HAS NO CONTROL OVER THE CONDUCT OF LISTERS, RENTERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY PROPERTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON GIGGSTER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH GIGGSTER IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF GIGGSTER 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 GIGGSTER. GIGGSTER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, 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 FORTHE BENEFIT OF GIGGSTER, INCLUDING BY INAPPROPRIATELY USING ANY GIGGSTER INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE 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, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, 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.
Giggster reserves the right, at its sole discretion, to modify the Site 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 either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
For users in the United States, Giggster may, 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 Giggster's vendors.
The Site and Services can be used to facilitate the listing and booking of Properties. Such Properties are included in Listings on the Site and Services by Listers. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Property or create a Listing, you must first register to create a Giggster Account (defined below).
As stated above, Giggster makes available an online platform or marketplace with related technology for Renters and Listers to meet online and arrange for bookings of Properties directly with each other. Giggster is not an owner or operator of properties, nor is it a provider of properties, and Giggster does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the Giggster platform, Giggster's responsibilities are limited to facilitating the availability of the Site and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LISTERS AND RENTERS CONNECTING AND BOOKING PROPERTIES DIRECTLY WITH EACH OTHER. GIGGSTER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. GIGGSTER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and to book a Property or create a Listing, you must register to create an account ("Giggster Account") and become a Member. You may register to join the Services directly via the Site or as described in this section.
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; each such account, a "Third-Party Account"), via our Site, as described below. As part of the functionality of the Site and Services, you may link your Giggster Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Giggster through the Site or Services; or (ii) allowing Giggster 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 Giggster and/or grant Giggster 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 Giggster to pay any fees or making Giggster subject to any usage limitations imposed by such third-party service providers. By granting Giggster access to any Third-Party Accounts, you understand that Giggster 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 and Services via your Giggster Account and Giggster 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 Giggster Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Giggster'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 and Services. You have the ability to disable the connection between your Giggster 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. Giggster makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Giggster is not responsible for any SNS Content.
Your Giggster Account and your Giggster Account profile page will be created for your use of the Site 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 Giggster 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. Giggster reserves the right to suspend or terminate your Giggster Account and your access to the Site and Services if you create more than one (1) Giggster 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 and that you will take sole responsibility for any activities or actions under your Giggster Account, whether or not you have authorized such activities or actions. You will immediately notify Giggster of any unauthorized use of your Giggster Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Property to be listed, including, but not limited to, the property, capacity, size, features, and availability of the Property and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Properties must have valid physical addresses. Listings will be made publicly available via the Site and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Renter and Lister preferences, ratings and/or ease of booking.
Other Members will be able to book your Property via the Site and Services based upon the information provided in your Listing, your Renter requirements, and Renters' search parameters and preferences. You understand and agree that once a Renter requests a booking of your Property, you may not request the Renter to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Renter's stay at, a Property in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as property owners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Property included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Giggster assumes no responsibility for a Lister's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Giggster reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Giggster, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
If you are a Lister, you understand and agree that Giggster does not act as an insurer or as your contracting agent. If a Renter requests a booking of your Property and stays at your Property, any agreement you enter into with such Renter is between you and the Renter and Giggster is not a party to it.
If you are a Lister, Giggster makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Property. You acknowledge and agree that, as a Lister, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Property, if applicable.)
Giggster may offer Listers the option of having photographers take photographs of their Properties. If you as a Lister choose to have photographer do this, Giggster shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words "Giggster.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Lister for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Giggster Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Giggster. If your Giggster Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Giggster retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Giggster does not endorse any Member, Listing or Property. You understand that Verified Images are intended only to indicate a photographic representation of the Property at the time the photograph was taken. Verified Images are therefore not an endorsement by Giggster of any Member, Listing or Property.
Members are required by these Terms to provide accurate information. Although Giggster 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 a Giggster Account, you agree that Giggster 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 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 Giggster 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 and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Lister or to accept or preapprove a booking request from a Renter, or to have any other interaction with any other Member. Giggster is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site 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 Giggster 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 Listings made by you. This limitation shall not apply to any claim by a Lister against Giggster regarding the remittance of payments received from a Renter by Giggster on behalf of a Lister, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
A. Key definitions
"Lister Fees" means the fee that Giggster charges a Lister for the use of the Services, which is calculated as a percentage of the applicable Property Fees. The Lister Fees will be displayed to the Lister when the Lister is asked whether to confirm or reject a booking request from a prospective Renter.
"Payment Method" means a payment method that you have added to your Giggster Account, such as a credit card, debit card or PayPal.
"Property Fees" means the amounts that are due and payable by a Renter in exchange for renting a Property. This includes the Lister Fees, the Property Management Fees (if applicable) and, the 9% Processing Fee. The Lister alone, and not Giggster, is responsible for setting the Property Fees for his or her Listing.
"Property Manager" means a person or a company providing assistance to the Lister with listing and renting out the Property.
"Property Management Fees" means the fee that Property Manager charges a Lister for assisting a Lister with listing and renting out the Property, which is calculated as a percentage of the applicable Property Fees. The Property Management fees will be displayed to the Renter when the Renter is asked whether to send a booking request to a Lister.
"Service Fees" means collectively the Property Management Fees and the Lister Fees.
"Processing Fee" means the 9% paid by the Renter based on the total of Location Fee plus the Additional Fees (if there are Additional Fees applicable to the booking).
"Additional Fees" are extra fees associated with the use of Listing. These are the fees that the host does not benefit from personally and are paid by the host to external contractors (e.g. Cleaning fee or Site rep fee).
"Total Fees" means collectively the Property Fees and the Service Fees plus any Taxes.
B. Appointment of Stripe as Limited Payment Collection Agent for Lister
Each Lister hereby appoints Stripe as the Lister’s limited payment collection agent for the purpose of accepting the Property Fees from Renters. Each Lister agrees that payment made by a Renter through Stripe, shall be considered the same as a payment made directly to the Lister, and the Lister will make the Property available to the Renter in the agreed-upon manner as if the Lister has received the Property Fees.
C. Bookings and Financial Terms for Listers
If you are a Lister and a booking is requested for your Property via the Site or Services, you will be required to either preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the Renter who has requested the booking, (ii) a link to the Renter's Giggster Account profile page. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Stripe for the requested booking will be refunded to the applicable Renter. When you confirm a booking requested by a Renter, Giggster will send you an email, text message or message via the Site confirming such booking, depending on the selections you make via the Site and Services.
Stripe will collect the Total Fees from Renters at the time of the booking request or upon the Lister's confirmation and will initiate payment of the Property Fees (less applicable fees and taxes) to the Lister and the Property Management Fees to the Property Manager in most cases within 24 hours of the scheduled check-in time of the Renter at the applicable Property (except to the extent that a refund is due to the Renter).
D. Bookings and Financial Terms for Renters
The Listers, not Giggster, are solely responsible for honoring any confirmed bookings and making available any Properties reserved through the Site and Services. If you, as a Renter, choose to enter into a transaction with a Lister for the booking of a Property, you agree and understand that you will be required to enter into an agreement with the Lister and you agree to accept any terms, conditions, rules and restrictions associated with such Property imposed by the Lister. You acknowledge and agree that you, and not Giggster, will be responsible for performing the obligations of any such agreements, that Giggster is not a party to such agreements, and that Giggster (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Renter before the Renter sends a booking request to a Lister. As noted above, the Lister is required to either preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically canceled. Upon receipt of your booking request, Stripe may initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested booking is canceled (i.e. not confirmed by the applicable Lister), any amounts collected by Stripe will be refunded to such Renter, depending on the selections the Renter makes via the Site, and any pre-authorization of such Renter's Payment Method will be released, if applicable.
You as a Renter agree to pay the Total Fees (including the 9% Processing Fee) for any booking requested, and in most cases confirmed, in connection with your Giggster Account. Stripe will collect the Total Fees pursuant to these Terms.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
E. Service Fees and Other Fees
In consideration for the use of Giggster's online marketplace and platform, Giggster charges Lister Fees. Stripe collects these Lister Fees, and, where applicable, may also collect Taxes in respect of the Lister Fees and Property Management Fees. Giggster deducts the Lister Fees and Property Management Fees from the Property Fees before remitting the balance to the Lister.
More information on any such costs or deductions will be available via the Site. More information on Services Fees can be found at https://help.giggster.com. Except as otherwise provided herein, Service Fees are non-refundable.
F. Cancellations and Refunds
i. Cancellations by Renters
As a Renter, you may cancel any reserved Booking before it is confirmed by the Lister without further obligation.
Once a booking is confirmed by a Lister, the following cancellation and refund rules apply to Renters:
In the event a Renter cancels a booking that, pursuant to this Section 9(f)(i), requires payment in the form of a refund to a Renter or payout to a Lister, Giggster will keep the Property Fees until the day on which the cancelled booking was to begin at which time Giggster will begin to process any applicable payments to the Renter and/or Lister in accordance with its normal payment policy. For all Renter-cancelled bookings, the Lister will be entitled to the Property Fees paid to Giggster as provided in this Section 9(f)(i) less the Service Fees payable to Giggster provided. Failure of a Renter to comply with the cancellation provisions of this Section 9(f) shall result in the Renter forfeiting his or her or its right to any refund and the Renter shall instead be liable for the full Total Fees.
ii. Cancellations by Listers
The cancellation of a confirmed booking by a Lister requires intensive logistical support and can impact the high standard of service by which Giggster’s marketplace operates. As such, in the event of any cancellation of a confirmed booking by a Lister, Giggster reserves the right to impose penalties on the Lister’s account including publishing an automated review indicating a cancelled booking, and suspending or terminating the Lister’s account. A cancellation of a confirmed booking by a Lister must be made with at least 7 calendar days’ notice. Failure to comply with the preceding sentence will result in Giggster charging the Lister the applicable Service Fee and Processing Fee. In addition, if any Lister cancels more than one confirmed booking, Giggster may, in its sole discretion, withhold future payouts to a Lister to make up for any losses incurred as a result of Lister’s initial cancellation. These losses may include but are not limited to, the additional costs required to complete a new Booking for a Renter that has been displaced by a Lister’s cancellation.
iii. Cancellations by Giggster
In certain circumstances, Giggster may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking or to issue a refund to a Renter for part or all of the amounts charged to the Renter. This may be for extenuating circumstances, an emergency, or for any other reason. You hereby agree that Giggster and the relevant Renter or Lister will not have any liability for any such cancellation or refund made by Giggster.
G. Fraud and Fraud Prevention
Giggster has fraud detection and prevention processes in place to protect and educate Listers against potential fraudulent behavior by Renters on the platform. Giggster’s team can be reached at any time by use of the contact page if the Lister desires a manual check on a Renter’s behavior and/or identity.
Despite Giggster’s efforts to detect and prevent fraudulent behavior, the Lister ultimately has the responsibility to verify the identity of Renters that book the Lister’s property. If a Lister confirms a booking and is paid out Property Fees from a fraudulent Renter, Giggster reserves the right to collect the applicable Property Fees from the Lister once payout has been issued. If Lister refuses to return the applicable Property Fees to Giggster, Giggster may pursue legal avenues to retrieve them; Lister shall also reimburse Giggster for all costs incurred in collecting the applicable Property Fees, including, without limitation, court costs and attorneys’ fees. In addition, Giggster may, in its sole discretion, withhold future payouts to a Lister to make up for any losses incurred as a result of Lister’s initial cancellation.
Additionally, Giggster maintains the right to withhold Lister’s payout related to potentially fraudulent Renter bookings for a period of 140 days after payment is made on the platform in order to prevent the possibility of Renter-related chargebacks.
Tax regulations may require us to collect appropriate tax information from our Listers, or to withhold taxes from payouts to Listers, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from certain US Listers, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US listers with at least one Listing in the US. You as a Lister are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Lister 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 (e.g. where you are a US Lister and you fail to provide us with a completed IRS Form W-9), 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 Lister 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 Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Giggster cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Property is located may require Taxes to be collected from Renters or Listers on the amount paid for the right to use and/or occupancy of properties, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary.
As a Renter, you are responsible for acquiring all the necessary permits from all relevant bodies (including but not limited to filming permits, parking permits etc.) and insurance policies as well as release forms and other documents relevant to the filming process to be performed at the Property during the Booking Period. Giggster can not be held liable for Renter not acquiring all the necessary permits and other documents relevant to the filming process to be performed at the Property during the Booking Period.
As a Renter, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property. In the event that a Lister claims otherwise and provides evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Listers may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Property. Giggster will use commercially reasonable efforts to address Listers' requests and claims related to Security Deposits, but Giggster is not responsible for administering or accepting any Damage Claims by Listers related to Security Deposits, and disclaims any and all liability in this regard.
If a Lister makes a Damage Claim for a confirmed booking of a Property, you as a Renter will be notified of any Damage Claim and given forty eight (48) hours to respond. Thereafter, Stripe will collect any such costs from you and/or against the Security Deposit. Giggster/Stripe also reserves the right to otherwise collect payment from you and pursue any avenues available to Giggster in this regard in situations in which you have been determined, in Giggster's sole discretion, to have damaged any Property, including, but not limited to, in relation to any payment requests made by Listers based on a Damage Claim, and in relation to any payments made by Giggster to Listers.
Both Renters and Listers agree to cooperate with and assist Giggster in good faith, and to provide Giggster with such information and take such actions as may be reasonably requested by Giggster, in connection with any Damage Claims or other complaints or claims made by Members relating to Properties or any personal or other property located at a Property or with respect to any investigation undertaken by Giggster or a representative of Giggster regarding use or abuse of the Site or the Services. If you are a Renter, upon Giggster's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Lister, at no cost to you, which process will be conducted by Giggster or a third party selected by Giggster or its insurer, with respect to losses for which the Lister is requesting payment from Giggster.
If you are a Renter, you understand and agree that Giggster may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Property or any personal or other property located at a Property. You agree to cooperate with and assist Giggster in good faith, and to provide Giggster with such information as may be reasonably requested by Giggster, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Giggster may reasonably request to assist Giggster in accomplishing the foregoing Security Deposits, if required by a Lister, may be applied to any fees due from a Renter overstaying at a Listing without the Lister's consent.
Renter acknowledges that Giggster holds a security deposit equal to 50% of the total location fee 48 hours before the start date of the booking, should the location require it. This hold is authorized on the credit card used to book the location. If Giggster is unable to successfully authorize the security deposit, the Renter’s booking may be subject to the terms of the Giggster cancellation policy.
A. Giggster requires the Lister and/or the Renter obtain insurance or review their existing policies to make sure their existing insurance covers any loss that may arise out of the Booking and use of a particular Property by the Renter, its guests, vendors, clients, customers or licensees, including policies covering property damage, casualty, personal injury, fire, and general liability (the “Liability Insurance”). Giggster disclaims any and all liability for Lister or Renter’s failure to be covered by Liability Insurance. To the extent Lister has not obtained and does not have Liability Insurance, Giggster shall require Renter to purchase Liability Insurance prior to the booking start date. Giggster shall have no liability for the Parties’ failure to obtain Liability Insurance.
B. Giggster may offer Renter the opportunity to obtain Liability Insurance through the Site. The Renter is not required to purchase the Liability Insurance through the Site and may instead purchase Liability Insurance through the licensed insurance producer and/or insurance company of its choosing. Renter may be asked to provide proof of Liability Insurance. The Liability Insurance offered through the Site is underwritten by a Lloyd’s syndicate. If Renter elects to purchase Liability Insurance through the Site, Renter will see two charges – one for the Booking and a second charge for the Liability Insurance.
Renters agree that a confirmed booking is merely a license granted by the Lister to the Renter to enter and use the Listing for the limited duration of the confirmed booking and in accordance with the Renter's agreement with the Lister. Renters are allowed to be present in the Property only within the designated hours that the Lister specifies in the Listing or such other time as mutually agreed upon between the Lister and Renter and further agree to leave the Property no later than the checkout time that the Lister specifies in the Listing or such other time as mutually agreed upon between the Lister and Renter. If a Renter stays past the agreed upon designated hours or checkout time without the Lister's consent, they no longer have a license to stay in the Listing and the Lister is entitled to make the Renter leave. In addition, Renters agree that the Lister can charge the Renter for periods that the Renter stays over the agreed designated hours or period without the Lister's consent an additional fee of 1.5 times the average hourly Property Fee originally paid by the Renter to cover the inconvenience suffered by the Lister, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Lister to make the Renter leave (collectively, "Additional Sums"). The Additional Sums will be charged in half hour increments. Giggster reserves the right to charge the Renter for any overages (overtime, extra people) and damages based on the evidence provided by the Lister.
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, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
Giggster 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, Giggster may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Giggster Account, for a violation of this Section or these Terms.
Giggster 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 Giggster 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 Giggster, its users, or members of the public. You acknowledge that Giggster has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site 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. Giggster reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Giggster, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
If you stay with or host anyone 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 Giggster 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.
The Site, 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, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Giggster 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, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Giggster used on or in connection with the Site, Services, and Giggster Content are trademarks or registered trademarks of Giggster 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, Services, and Giggster Content are used for identification purposes only and may be the property of their respective owners. As a Lister, Renter, 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, Services and Collective Content.
Subject to your compliance with these Terms, Giggster grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Giggster 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, 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 Giggster 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, Services, or through Giggster promotional campaigns, you hereby grant to Giggster 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, 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 and Services. Giggster 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, Services or through Giggster 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, Services or through Giggster promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Giggster 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 Giggster's use of the Member Content (or any portion thereof) on, through or by means of the Site, the Services or Giggster 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 and Services may contain links to third-party websites or resources. You acknowledge and agree that Giggster 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 Giggster 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.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Giggster’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Giggster to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Giggster to contact you, including an address, telephone number and, if available, an email address; (d) the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”; (e) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and (f) your physical or electronic signature.
To file a counter notification with Giggster, please provide the following information to Giggster’s Copyright Agent: (a) a description of the material that Giggster has removed or to which Giggster has disabled access; (b) information reasonably sufficient to permit Giggster to contact you, including an address, telephone number and, if available, an email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the United States District Court for the Central District of California, if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person; (c) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and (d) your physical or electronic signature.
Giggster’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Giggster, Inc., Attn: Legal, 1935 Walgrove Ave, Los Angeles, CA 90066. Giggster’s Copyright Agent for notification of claimed infringement can also be reached electronically at: email@example.com. Giggster reserves the right to terminate infringers’ and suspected infringers’ access to or use of the Site.
This Agreement 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 Giggster terminate the Agreement as described below.
B. Termination for convenience
You may terminate this Agreement at any time by sending us an email. If you cancel your Giggster Account as a Lister, any confirmed bookings will be automatically canceled and your Renters will receive a full refund. If you cancel your Giggster Account as a Renter, any confirmed booking will be automatically canceled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Giggster may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
C. Termination for breach, suspension and other measures
Giggster may immediately, without notice terminate this Agreement 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 Giggster Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Giggster believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Giggster or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Giggster may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Giggster Account and the Site or Services, temporarily or permanently revoke any special status associated with your Giggster Account, or temporarily or permanently suspend your Giggster Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Listers or Renters, or (ii) Giggster believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Giggster or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Giggster and an opportunity to resolve the issue to Giggster's reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to your Renters or Listers that a pending or confirmed booking has been canceled, (ii) refund your Renters in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) support your Renters, on an exceptional basis, in finding potential alternative Properties, and (iv) you will not be entitled to any compensation for confirmed bookings that were canceled.
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 Giggster Account or any of your Member Content. If your access to or use of the Site and Services has been limited or your Giggster Account has been suspended or this Agreement has been terminated by us, you may not register a new Giggster Account or attempt to access and use the Site and Services through other Giggster 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, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GIGGSTER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND LISTERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. 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, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GIGGSTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GIGGSTER MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PROPERTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GIGGSTER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PROPERTIES, LISTERS, RENTERS, YOUR ACCRUAL OF GIGGSTER TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIGGSTER OR THROUGH THE SITE, 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 OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LISTERS OR RENTERS. YOU UNDERSTAND THAT GIGGSTER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY PROPERTIES. GIGGSTER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND LISTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY GIGGSTER. GIGGSTER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
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, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY PROPERTIES VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GIGGSTER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER GIGGSTER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES AND COLLECTIVE CONTENT 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, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIGGSTER 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE LISTERS PURSUANT TO THESE TERMS, IN NO EVENT WILL GIGGSTER'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY PROPERTY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LISTER, THE AMOUNTS PAID BY GIGGSTER 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 GIGGSTER 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 Giggster 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, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Property, or (iii) creation of a Listing; (d) the use, condition or rental of a Property 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 rental, booking or use of a Property.
Except as they may be supplemented by additional Giggster policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Giggster and you regarding the Site, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Properties made via the Site and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Giggster and you regarding bookings or listings of Properties, the Site, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without Giggster's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Giggster 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 Giggster (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
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 Los Angeles County, Los Angeles, California or a United States District Court, Central District of California located in Los Angeles, 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 Giggster 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 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 Giggster 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 Giggster 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 Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or 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 Property and Procedure. Unless you and Giggster 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 Giggster 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. Giggster 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, Giggster 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 Giggster changes this "Dispute Resolution" section after the date you first 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 Giggster'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 Giggster in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
You acknowledge and agree that Giggster’s Terms of Service include your responsibility for taking all necessary health, safety and hygiene measures to protect yourself and any Listers or Renters from the spread of potential infectious diseases or any other unhealthy, unsafe, or unsanitary conditions. You also acknowledge and agree that you have read and will comply with Giggster’s COVID-19 Health & Safety Measures (the “Safety Measures”). Giggster reserves the right to update these Safety Measures periodically in its sole discretion, so please check the Safety Measures frequently, including the version that is current at the time of your Booking.
The failure of Giggster 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 Giggster. 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.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If you have any questions about these Terms, please contact Giggster.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Giggster and you hereby irrevocably assign to Giggster and agree to irrevocably assign to Giggster 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 Giggster's request and expense, you will execute documents and take such further acts as Giggster may reasonably request to assist Giggster to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.