Terms of Use
Here’s what you agree to by using Dragvertising.
LAST REVISED AUGUST 1, 2023
Introduction
Important Notice: These Terms are subject to a binding arbitration agreement and a waiver of class action rights as detailed in Section 9. These Terms are also subject to a liability release for third-party conduct.
Dragvertising provides the www.Dragvertising.com website (the “Site”) and the Dragvertising mobile software application (the “App”) to provide online booking services and promotional tools for performers, event-related service providers, musicians, agents, consumers, talent promoters, event planners, and entertainment sellers and buyers of all types. In these Terms of Use (the “Terms”), the words “Dragvertising,” “we,” “us,” and “our” refer to Dragvertising, LLC d/b/a Dragvertising, a Michigan limited liability company, together with its affiliates, successors, and assigns. The words “you” and “your” refer to any person accessing or using the Services (as defined below); however, if you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In any such case, the term “you” will refer to such entity and its affiliates.
These Terms set forth the terms and conditions under which individuals may use the Site and App. For purposes of these Terms, “Services” shall mean any of the various services that Dragvertising provides through the Site, App, or any other channels, including without limitation, over the telephone. Services shall not include third parties that may use the Site or Services to market services or the persons that seek to employ those services.
Together, these Terms and our Privacy Policy govern your use of the Services, so please read them both carefully.
By using or otherwise accessing our Services, you are acknowledging that: (a) you have read and understood these Terms, and (b) you agree to comply with, and be legally bound by, these Terms as they exist on the date of each such use or access. If you disagree with any of these Terms in any way, please immediately stop all use of Dragvertising’s Services. If you have any questions or need any clarifications, please contact us before using the Services.
Relationship and Conduct
1. About Our Services. For over fifteen years, Dragvertising has united musicians, photographers, performers, speakers, and other entertainers (collectively, “Vendors”) with audiences looking for Vendors for events of all types and sizes.
Vendors create their own online profiles, showcasing their talents, skills, and biographical information. Vendor profiles are also available through a downloadable mobile software application provided by Dragvertising.
Dragvertising’s power comes from its extraordinarily rich, far-reaching, and diverse member community. Dragvertising operates by allowing Vendors to register and create profiles with Dragvertising’s website. Once registered, Dragvertising Vendors create and upload promotional content and market themselves and their services in their own words and offer demonstrations of their skills and talents.
This content, known as a “PromoKit,” often includes sound and video clips of Vendors’ performances, set lists of songs, photographs, biographical information, geographic location, travel ability and range, and descriptions of the type of entertainment they provide. Vendors can also display their previous and upcoming bookings.
Dragvertising also allows anyone interested in booking entertainment for a wedding, party, corporate event, or other social activities (“Event Planners”) to view the members’ PromoKits, get a quote, book services, and write reviews based on their experience working with the members.
The contents of our Services, and the Services in general, are intended strictly for the purposes of: (i) providing a forum for Vendors to post information about themselves, and (ii) facilitating the booking of such talent for engagements to provide entertainment services (collectively, “Permitted Uses”).
You represent and warrant that you understand, and agree, that Dragvertising is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of our Services regarding the provision of services at any event or engagement.
2. Limitations of Our Services. We do not employ any Vendors or Event Planners, and we are not responsible for the conduct, whether online or offline, of any Vendors or Event Planners, or other users of the Site or Services. Event Planners are responsible for compliance with all applicable laws in connection with any relationship they establish.
Vendor and Event Planner content is primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Vendors or Event Planners on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site. We do not refer or recommend Vendors or Event Planners nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Vendors or the integrity, responsibility or actions of Event Planners or Vendors whether in public, private or offline interactions. Any screening of an Event Planner or Vendor and his, her or its information by Dragvertising is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as a Vendor or Event Planner generally.
We are not an employment agency, and we do not secure or procure employees for any Event Planners, nor do we secure or procure opportunities for employment for any Vendors. We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Vendors, nor do we require Vendors to accept or work any jobs or deliver any services at all.
Please review the Release of Liability for Third-Party Conduct that appears in Section 30 below for important limitations on Dragvertising’s liability to which you are agreeing by using the Site and Services.
3. Modification of These Terms. These terms are subject to modification by Dragvertising at any time. If you log in after we modify these Terms, we will notify you of the updated Terms. We will also notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site.
4. Reserved Rights. Without limitation to all other rights enjoyed by Dragvertising, we expressly reserve the right at any time to:
Modify these Terms as provided herein.
Change the Services, including eliminating or discontinuing any content on or feature of the Services, and/or adding new features, categories, business models, offerings.
Terminate the membership of any member without refund and/or pursue legal action against any user of this website who does not comply with these Terms, though Dragvertising assumes no obligation to do the same.
Change any fees or charges for using the Services.
Change, edit, add to, disable or delete any PromoKit information or imagery at our sole discretion, or other content within the Services, without notice.
Terminate Event Planner accounts for any reason we believe is necessary to protect the integrity of our products and Services.
Monitor any and all member-to-client and/or member-to-member interactions.
Revoke any account without refund for acting in a manner Dragvertising deems necessary to protect the integrity of our products and Services.
Hold a deposit or balance payment if at our sole discretion we determine that the booking is a risk for fraud.
Require a deposit or balance payment be returned to Dragvertising if a booking is not honored and/or we determine a violation of these Terms has occurred. Failure to return a payment when requested could result in permanent removal from the Services.
Suspend or terminate any member account at any time for any reason we believe is necessary to protect the integrity of our products and Services.
5. Member Conduct. At all times when using or accessing the Services, you agree that:
You are solely responsible for the content or information you publish or display on the Services or transmit to other members.
You are solely responsible for your interactions with Vendors, Event Planners, or with other members.
In using the Services to enter into any booking agreement or other contract of services (a “Contract”), whether you enter into such Contract as the talent providing the services or the party organizing an event, you will not include in the Contract any terms or conditions that are inconsistent with these Terms or with Dragvertising’s published policies for Contracts entered into through our Services (you may find our policies here).
You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time, provided that we will not substantially change the content or meaning of your user generated content.
Dragvertising reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and other members.
6. Prohibited Conduct. At all times when using or accessing the Services, you agree that you will not, whether on your own or with the assistance of others:
Violate any local, state, federal, or international law.
Use the Services or Site for any commercial purpose without the express written permission of Dragvertising.
Use the Services or Site for any political purpose.
Falsify your identity or misrepresent yourself in any way on the Services or in association with your use of the Site.
Harvest any information or data from the Site or Services (whether manually through automated means).
Post on the Services, or transmit to other members or Dragvertising employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Services does not comply with the foregoing.
Stalk or otherwise harass any person or group.
Engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Services.
Transmit any chain letters, spam, or junk email to other members or to us.
Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and any other technology) to scrape the Services or Site or otherwise copy member profiles or other data from the Site or Services.
Continue to use data, content, or material collected, copied, scraped, or harvested from the Services or Site (whether obtained directly or through a third party) after receipt of notice to cease and desist from such conduct.
Copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to the Services or Site without Dragvertising’s express written permission.
Use any copyrighted content or Dragvertising trademarks without Dragvertising’s express written permission.
You will not interfere with or disrupt our services or the Services, or the servers or networks connected to our services or the Services.
You will not post html code except where instructed in any area of your profile within the Services.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; nor will you attempt to disrupt, degrade, impair, or violate the integrity or security of the Services in any way (including, without limitation, “hacking,” “denial of service” attacks, and the like).
You will not forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Services, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to www.Dragvertising.com or our Services to direct any person to any other website for any purpose.
You will not, for any reason, directly or indirectly submit a review to a PromoKit with which you are affiliated. Reviews may only be posted by legitimate clients who have booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion. Posting any illegitimate review, whether on your own or on another member’s PromoKit, may result in your account’s immediate termination, at our discretion, without refund, and may also result in a permanent ban from the Services.
Members are required to keep all bookings and their associated communications on the Dragvertising platform. We reserve the right to terminate any member account that attempts to complete a booking outside of Dragvertising, when that booking has originated from a Dragvertising inquiry. Discouraging, suggesting, and/or preventing clients from booking you through Dragvertising is not permitted, and discouraging clients from hiring other Dragvertising members is not permitted.
You will not re-sell or re-offer any lead you receive through Dragvertising to another performer, vendor or service provider, nor will you re-offer or post to any website any lead you receive through your relationship with this website.
Dragvertising has the right to temporarily suspend or permanently terminate the account of any member who posts contact information on their Dragvertising PromoKit. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in PromoKit photos, in PromoKit text, in PromoKit audio/video samples, or in messages to prospective clients.
Disguise the origin of information transmitted to, from, or through the Services.
Circumvent any measures implemented by Dragvertising aimed at preventing, discovering, or monitoring violations of the Terms or unwanted access to its Site.
Sell or offer to sell any interest in real property, any personal property, or other tangible goods (as opposed to your entertainment services).
Disclose your user ID and/or password to, or otherwise share it with, any third party.
Attempt to re-register with Dragvertising if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account.
Dragvertising reserves all rights with respect to persons or businesses that violate the terms of this Section 6.
7. Applicable Law. Any claims arising out of, in whole or in part, conduct prohibited in Section 6, “Prohibited Conduct,” shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A., without reference to conflict of laws provisions thereof and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law.
8. Exclusive Jurisdiction and Venue. Any claims arising out of, in whole or in part, conduct prohibited in Section 6, “Prohibited Conduct,” may only be brought exclusively in the state or federal courts of Michigan. You further agree that the venue for any such dispute shall be the Eastern District of Michigan. You agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such claim(s). For the avoidance of doubt, any legal claims involving any alleged scraping or harvesting of Dragvertising content shall be subject to the exclusive jurisdiction of state and federal courts of Michigan.
9. Agreement to Arbitrate. Except for any claims arising out of, in whole or in part, conduct prohibited in Section 6, “Prohibited Conduct,” for which the parties agree that the governing law, jurisdiction, and venue shall be as described in Sections 7 and 8, you agree that all claims relating to or arising out of these Terms or otherwise that have arisen or may arise between you and Dragvertising or a related party, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Section 9 (the “Arbitration Agreement”), except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
9.A. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND Dragvertising AGREE THAT WE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND Dragvertising EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST Dragvertising AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF REQUIRED BY THAT PARTY’S CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Dragvertising USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 9 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
9.B. Avoidance of Formal Dispute and Arbitration. Dragvertising always seeks to resolve disputes amicably and efficiently. Before you begin any arbitration, we request that you reach out to us to explain your concern or complaint so that we may seek to resolve the concern without the need for arbitration.
Dragvertising, LLC d/b/a Dragvertising
Attn: Legal Department
5520 Baker Road
Bridgeport, MI 48722
9.C. Arbitration Process. Arbitration will be conducted by an arbitrator pursuant to the rules of JAMS (collectively referred to as the “JAMS Rules”). We agree that the arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 28. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. To initiate arbitration against Dragvertising, you must write a demand for arbitration that includes a description of the dispute and the amount of damages. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 1155 F Street, NW, Suite 1150, Washington, DC 20004. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $100,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Dragvertising subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either party, unless the arbitrator requires otherwise.
Except for all claims arising out of Section 6, “Prohibited Conduct,” the protocols for which are described in Sections 7 and 8, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of these Terms, or the breach thereof, and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Michigan, including recognized principles of equity, and will honor all claims of privilege recognized by law.
9.D. Opt-Out Procedure. You can reject and repudiate this Arbitration Agreement by mailing us a written opt-out notice. For new Dragvertising users, the opt-out notice must be sent no more than 30 days after the date you use our Site or Services for the first time. If you are already a current Dragvertising user, the opt-out notice must be postmarked no later than August 31, 2023. You must mail the opt-out notice to:
Dragvertising, LLC d/b/a Dragvertising
Attn: Legal Department
5520 Baker Road
Bridgeport, MI 48722
The opt-out notice should clearly state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address that you used to create your Dragvertising account. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. Even if you opt out, all other provisions of these Terms will continue to apply.
9.E. Arbitration Costs. Each party will be responsible for all fees it incurs in connection with arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Dragvertising for all fees associated with the arbitration paid by Dragvertising, including reasonable attorneys’ fees, to the maximum extent permitted under the JAMS rules.
10. Non-Discrimination Policy. Dragvertising supports inclusion and wants everyone to feel comfortable using our Site and Services. Therefore, we do not allow discrimination against other users of the Site, or Dragvertising team members, based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, marital or pregnancy status, age, disability, or any other characteristic protected under applicable federal, regional, state, or local law. This includes, but is not limited to, refusing to provide or accept services, posting discriminatory content on the Site, or any other conduct that improperly takes into account these characteristics.
If you believe you’ve been discriminated against on our Site, please contact us. Failure to comply with this non-discrimination policy may result in immediate suspension or termination of your right to use the Services without a refund.
11. No Guarantee. We do not guarantee that users who supply services as a result of introductions made through Dragvertising will be paid for their services. We do not represent or guarantee that our Services will further the careers of our members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment.
12. Age Restrictions. In order to use Dragvertising’s Site and other Services you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Services. The Services are not intended for any children under the age of 13.
A legal guardian of a Minor who is at least 13 years of age may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account, and such legal guardian’s consent must be verifiable by Dragvertising. Some areas of the Site and App may contain material that is inappropriate for Minors.
13. Links to Other Websites and Services. Dragvertising does not control the availability or content of any outside websites, applications, services, or resources (collectively, “Third-Party Services”) to which the Services may link. Concerns regarding any such Third-Party Services or links thereto should be directed to the particular outside third party service. Unless stated otherwise, Dragvertising does not endorse, sanction, or verify Third-Party Services to which our Services link, and we or our users provide these links merely for the convenience of users of our Services. Access to such Third-Party Services is at your own risk, and we disclaim all liability with regard to your access to such Third-Party Services. In addition, we do not endorse, sanction, or verify ThirdParty Services that link to our Services, even if any logo or mark of Dragvertising is used as part of the link to our Services.
14. Disclosures About You by Dragvertising. Without limiting any of the foregoing, you agree that Dragvertising may use or disclose information about you and your use of the Services in accordance with these Terms and our Privacy Policy, which is incorporated by reference herein. With respect to any information relating to other users of the Services to which you may be permitted access through the Services, you agree that you may use such information only in connection with activities related to the purpose of the Services, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.
15. No Partnership, Agency, or Affiliation. Except only as expressly provided otherwise herein, by using the Services you acknowledge and agree that Dragvertising is not the partner, agent, joint venturer, or otherwise an affiliate of you, any member, or any other user of the Services.
Registration, Payments and Refunds
16. Registration and Membership of Users. While you can utilize our Services and review a range of information about entertainers and groups of entertainers, as well as other materials relating to the entertainment industry, without registering, to post information through our Services, and to obtain access to certain other materials or information from our Services, you must become a registered user to access certain information or complete certain transactions. Our registration forms will specify the information which you must provide to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Services, you agree to provide us with accurate, complete, and updated information required by the registration form, including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. Information provided to us by you in connection with registering at our Services will be maintained and protected by us in accordance with these Terms and with the terms of our Privacy Policy.
Members shall not have more than one free PromoKit at any one time if they are part of the same affiliation, regardless of location or act name specified in the PromoKit. Any free PromoKit may be terminated by Dragvertising at any time, for any reason, and without notice.
When you register to use our Services, you will create a password and a user ID, which will provide you access to certain services and materials available through the Services unless revoked by us for any reason. If at any time you believe that your user ID and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your user ID and/or password immediately through the member control panel within our Services. You agree to be responsible for and to indemnify, defend and hold Dragvertising, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You are solely responsible for maintaining the confidentiality of your user ID and password, and for any and all activities that are conducted by you or anyone else through your account.
17. Dragvertising’s Fees. Certain parts of the Site and Services may be accessed and used without charge. For use of certain other parts of our Site and Services, however, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Current fee information is available on the Site. All fees due from you to us hereunder, including to the extent applicable, transaction-based service fees, monthly fees, annual fees, one-time fees, takedown fees, and the like, are referred to herein as “Dragvertising Fees.” All financial information addressed within the Services (including Dragvertising Fees, gig quotes, deposits, and/or any other various pricing information) is given in terms of US dollars for US members and Canadian dollars for Canadian members unless otherwise stated.
18. Payment of PromoKit Fees. By registering for a PromoKit, you authorize us to charge your credit card, debit card or other payment method at such time. You agree that we may charge all Dragvertising Fees owed in connection with your PromoKit (the “PromoKit Fees”) to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided to us. You are solely responsible for the timely payment of all PromoKit Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “Dragvertising.” You agree not to cause your credit or debit card company to reverse or “chargeback” any PromoKit Fees charged in accordance with these Terms; and in the event you do so, we may terminate your use of the Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
19. Automatic Renewals. If you choose a paid subscription to a Service, your subscription will continue indefinitely until canceled by you. After your initial payment of the PromoKit Fee, your subscription will automatically renew on the interval you choose when subscribing to that Service. You agree that your subscription will be subject to this automatic renewal feature. If you do not wish for your subscription to renew automatically, or if you want to change or terminate your subscription to a Service, please log in to your account and follow the cancellation process. If you cancel your subscription to a Service, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the PromoKit Fee paid for the then-current subscription period. By registering for a PromoKit, and choosing a paid subscription, you authorize us to charge your credit card or debit card at the beginning of each renewal subscription period. Upon the renewal of your subscription, if we do not receive payment, you agree that we may either terminate or suspend your use of the Services, or revert your account to a free PromoKit, thus losing any applicable features or benefits of a paid subscription.
When you reach the end of a paid subscription, your account will revert to a free PromoKit, thus losing any applicable features or benefits of a paid subscription, unless you log in to your account and renew your subscription.
20. Collection of Deposits and Gig Payments. Each member or other user that is a provider of services promoted within the Services (each a “Supplier”) hereby appoints Dragvertising as its agent for receipt of deposit, balance, or other payments that Dragvertising permits to be made through the Services (each a “Payment”). Where a user that is not a Supplier and who wishes to retain a Supplier for services (each a “Purchaser”) wishes to make a payment to a Supplier through the Services, Dragvertising may, but is not required to, accept such Payment in its capacity as agent of the Supplier. As of the instant when Dragvertising is in receipt of any Payment, the Supplier for whom the Payment was received hereby releases the Purchaser from any liability in respect of the Payment regardless of when or if Dragvertising settles the Payment amount to Supplier. Purchaser shall be a third party beneficiary of such release by Supplier hereunder. Following receipt of Payments for Suppliers, Dragvertising shall settle the amounts thereof to Suppliers less all Dragvertising Fees disclosed in the Services and less any chargebacks, reversals or returns by Purchaser. Dragvertising reserves the right to return any Payment to a Purchaser for any reason or for no reason. Dragvertising reserves the right to provide Purchaser with a receipt in the name of the Supplier for each Payment which receipt Supplier shall honor.
21. Refunds. All sales are final and will not be refunded, unless specifically agreed to otherwise by us.
Intellectual Property Rights, Licenses, and Complaints
22. Content Ownership. Certain copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sound clips, or any other materials within the Services (collectively, the “Contents”) are owned by Dragvertising. Any content created by users belongs to the users that generate it, with a limited license granted to Dragvertising (see Section 24, below). The Services as a whole are protected by copyright, trademark, trade dress and other proprietary rights. All worldwide right, title and interest in and to that intellectual property is owned and controlled by Dragvertising. Unless otherwise noted, by using a third party’s trademark or trade name within our Services, Dragvertising does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Dragvertising hereby expressly disclaims any such affiliation or endorsement.
23. Site and Services Use License. Subject to these Terms and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Contents. Except with respect to your use of certain Services that provide for or facilitate commercial activities, you understand that the Site and Contents are for your personal and non-commercial use only. Except as expressly permitted by these Terms, the functionality of the Site or App (i) no Contents (other than your Submissions) may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Contents, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to Dragvertising’s Site, App, or other Services.
24. License to Submissions. With respect to any posts, text, photographs, names, images, likenesses, trademarks, service marks, logos, designs, images, video clips, music, musical work, sound recording, sound clips, media files, or other information or materials you may provide to Dragvertising for posting on your PromoKit (collectively, “Submissions”), such Submissions shall remain your property or your licensors’ property. You hereby irrevocably grant to Dragvertising and its affiliates and licensees a non-exclusive, worldwide, transferrable, and royalty-free right and license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, edit, create derivative works from, or otherwise use the Submissions in any and all media, now known or hereafter devised, solely in connection with the Services and/or advertisements or other materials promoting the Services.
You can delete individual content you share, post, and upload at any time. In addition, all content posted to your member account will be deleted if you delete your account.
It may take up to 180 days to delete content after we begin the account deletion process or receive a content deletion request. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
Content will not be deleted within 90 days of the account deletion request in the following situations:
where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
where immediate deletion would restrict our ability to:
investigate or identify illegal activity or violations of our Terms and policies;
protect the safety, integrity, and security of our products, systems, services, our employees, and users, and to defend ourselves;
comply with legal obligations for the preservation of evidence, including requirements to preserve and to comply with any record keeping obligations required by law;
comply with a request of a judicial or administrative authority, law enforcement or a government agency; or
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this license to keep and use user-generated content will continue until the content has been fully deleted.
If you have affiliated with a performance rights organization (“PRO”) with respect to your public performance rights, such as BMI, ASCAP, SESAC, or GMR, then you may be prohibited from granting the same rights to us, or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. In certain situations a PRO may require that you provide the PRO with notice if you are granting public performance rights to another party. If you have an agreement with a PRO that includes such a provision, you are solely responsible for providing such notice to the PRO. You understand that no fees or payment of any kind whatsoever shall be due to any PRO or music publisher for use of your User Content as authorized in these Terms. Note: Dragvertising pays royalties to ASCAP and BMI to publicly perform compositions from their affiliated artists through our Site. As a user of our Services, it is your obligation to determine affiliation of compositions you upload to the Services. For a list of ASCAP and BMI artists, please contact ASCAP and BMI directly.
Dragvertising shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your Submissions as authorized in these Terms. The foregoing licenses and rights granted to Dragvertising will survive your removal of Submissions from the Services, the termination of your account use of the Services, or any other termination of these Terms unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days. You agree to keep a copy of any Submissions you provide, as Dragvertising shall have no obligation to return any Submissions to you should it become damaged or lost.
You represent, warrant and agree that:
You own or control all necessary rights in and to the Submissions to use them with Dragvertising;
You have the full right and authority to grant the rights, licenses, and permissions in these Terms;
All Submissions submitted by you into or through the Services do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s); and
To the extent you do not own any underlying musical compositions, sound recordings, samples, publicity rights, or other materials or content in your Submissions, it is your obligation to secure all appropriate permissions, clearances, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to artists, band members, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other person who performed in the making of your Submissions, and in connection with mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to your Submissions, and at our request you shall provide us with confirmation of such authorizations and payments.
25. Complaints About Perceived Trademark Infringement. Dragvertising respects intellectual property rights, and may remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that a Dragvertising member or any content within our Services violates your trademark rights, please seek legal advice. You may also read basic facts about trademark rights, published by the United States Patent and Trademark Office, here.
Once you have determined that a violation of your trademark rights (“infringement” for the purposes of this Section 25) has occurred, we encourage you to contact the Dragvertising user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Dragvertising’s involvement.
If you believe the perceived trademark infringement requires action by Dragvertising, you may choose (i) to utilize the Trademark Dispute System offered by Dragvertising, if available, or (ii) to submit a formal claim of perceived infringement to Dragvertising in accordance with the following provisions of this Section 25. Submitting a claim of perceived infringement is a serious matter that has legal consequences, and you may not submit a claim of perceived infringement of someone else’s trademark rights. To submit a claim of perceived trademark infringement of Your Mark, please fill out all fields in this claim form, and fax, mail, or email the completed claim to Dragvertising as follows:
Dragvertising, LLC d/b/a Dragvertising
Attn: Michael Ryan Whitson, IP Enforcement Agent
5520 Baker Road
Bridgeport, MI 48722
Telephone: 813.580.6522
Email: trademarks (AT) Dragvertising (DOT) com
To be considered a complete claim, you will be required to provide all of the following information:
Your full name, mailing address, email address, and phone number;
The specific word, term, design, image or other device in which you claim trademark rights (“Your Mark”);
A summary of the goods and/or services sold or offered by you under Your Mark;
The United States Patent and Trademark Office (USPTO) or Canadian Intellectual Property Office (CIPO) registration number for Your Mark, if registered;
The URL, or other information, sufficient to permit Dragvertising to locate and identify the material you contend infringes Your Mark;
A detailed description of how you believe the reported material infringes Your Mark;
A declaration, under penalty of perjury, that either (a) you are the owner of Your Mark, or (b) you are an authorized representative of the owner (including an explanation of your relationship to the owner of Your Mark);
A declaration, under penalty of perjury, that: (a) you believe in good faith that content complained of is not authorized by the owner of Your Mark, its agent, or the law; and (b) the information contained in the completed claim form is accurate in all respects; and
Your signature.
Dragvertising will process any claim complying with the foregoing. If we believe, in our sole discretion, that you have established a prima facie claim of trademark infringement, we will: (a) promptly suspend the member or disable access to the complained-of material, (b) notify the member of your claim, and (c) remove the material or member from the Services or take other action(s) to address the perceived infringement; however, if such member promptly provides Dragvertising with persuasive evidence or arguments, in Dragvertising’s discretion, that the complained-of materials do not infringe Your Mark and should not have been removed, we will reinstate the member and/or restore the materials. If we decide to restore any such material, we will notify you and encourage you to reach out directly to the member about your claim.
Please be advised that we may, in our discretion, provide an alleged infringer with any communications from you about the perceived infringement, including the claim form submitted by you, as well as any contact information we have on file for you. We may also provide any responses received and communication related thereto, to the provider of the original notification of perceived infringement.
Without limiting Dragvertising’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the trademark rights of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s trademark rights in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
26. Complaints About Perceived Copyright Infringement. Dragvertising respects intellectual property rights, and may remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that any content within our Services infringes any rights you enjoy under copyright law in specific material (a “Work”), please seek legal advice. You may also read basic facts about copyrights, published by the United States Copyright Office, here.
Once you have determined that a violation of your copyright interests (“infringement” for the purposes of this Section 26) has occurred relative to Work you created or own, you must follow the procedures set forth below.
26.A. User-Generated Content; DMCA. If you believe that content within our Services that was generated by a member or other user infringes your copyright interests in your Work, we encourage you first to contact the user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Dragvertising’s involvement.
If you believe the perceived copyright infringement requires action by Dragvertising, you must submit to Dragvertising a formal takedown notice (a “Takedown Notice”) fully compliant with the Digital Millennium Copyright Act (“DMCA”). The DMCA establishes the procedures to be followed when Dragvertising receives a Takedown Notice from a putative copyright holder or agent of a copyright holder (hereafter referred to as the “Complainant”). Submitting a Takedown Notice is a serious matter that has legal consequences, and you may not submit a Takedown Notice based on perceived infringement of someone else’s copyright interests, or of legal interests other than copyright interests.
You may use this claim form provided by Dragvertising, or may prepare your own Takedown Notice. At a minimum, any Takedown Notice submitted to Dragvertising for processing must contain at least the following:
An identification of the infringed copyrighted work, or, if multiple copyrighted works are covered by a single Takedown Notice, a list of all works alleged to have been infringed;
An identification of the alleged infringing material and information reasonably sufficient to permit us to locate the material;
Contact information of the Complainant, such as an address, telephone number, electronic mail address;
A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information contained in the Takedown Notice is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive copyright interest that is being infringed; and
A physical or electronic signature of the Complainant.
You must submit the completed Takedown Notice to Dragvertising’s designated agent under the DMCA, which may be found here and is provided below:
Dragvertising, LLC d/b/a Dragvertising
Attn: Heather Roonan, DMCA Designated Agent
2733 E. Battlefield Rd, Box 105
Springfield, MO 65804
Telephone: 417.889.9909
Fax: 417.863.9788
Email: dmca (AT) Dragvertising (DOT) com
Upon receipt of a Takedown Notice Dragvertising deems substantially complete and valid, we will follow the notice, takedown and counter-notification procedures set forth in section 512(c) of the DMCA, beginning with expeditiously removing, or disabling access to, the complained-of material. Please be advised that we may provide an alleged infringer with any communications about the claimed infringement, including the Takedown Notice submitted by you. We may also provide any counter notifications received and communication related thereto, to the provider of the original notice of claimed infringement, as well as any contact information we have on file for the alleged infringer.
Without limiting Dragvertising’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the exclusive copyright interests of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s exclusive copyright interests in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
26.B. Other Content. If you believe the perceived copyright infringement involves content generated by Dragvertising, rather than members or other users of the Services, please contact us with a detailed explanation of the perceived infringement. We will review what you send and promptly take appropriate action, in our discretion, if any action is required.
Disputes, Liabilities, and Disclaimers
27. DISCLAIMER OF ALL WARRANTIES. All data and information featured in the Services is provided strictly “AS-IS” and without any warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) the quality or availability of any postings made by you or any other users of the Services; (ii) whether any scheduled events or engagements will occur; (iii) whether persons or acts contacted through the Services will appear at any events or engagements; (iv) the ability of you or any other user of the Site to engage in transactions with any other user of the Services; (v) any details relating to any transactions you may engage in with any other use of the Services; (vi) the quality of the listings or other information offered by you or any user of the Services; (vii) the financial condition of you or any user of the Services; or (viii) compliance with local, state and federal laws by you or any other user of the Services. Dragvertising makes no representation that the information in the Services is appropriate or available for use in locations outside the United States, and access to the Services from locations where the provision of such information may be illegal is prohibited. Users who determine to access the Services from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
28. LIMITATION OF LIABILITY. Neither Dragvertising nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Services shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Services. In no event shall Dragvertising’s liability exceed the amount paid to a Vendor or by an Event Planner in connection with its use of the Services. To the maximum extent allowed by applicable law, Dragvertising shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content within the Services or information flowing through the Services.
29. ASSUMPTION OF RISK. Your use of the Services is at your sole risk. Meeting people through online platforms of any kind comes with certain inherent risks. You should conduct your own independent investigation of Vendors or Event Planners before entering into any transaction with such persons. We do not provide training, supervision, monitoring of Vendors or Event Planners, and we cannot guarantee that all of your interactions with other members, whether they are Vendors, Event Planners, or otherwise, will always be 100% safe and respectful. You agree to assume all risk when using the Site and Services, including but not limited to injury, illness, death, and all other risks associated with online or offline interactions with users of the Site or Services.
You acknowledge and agree that you alone are responsible for taking any necessary precautions to remain safe, to the greatest extent possible, when meeting persons offline that you connected with online.
You also acknowledge that documents posted to and content available through the Services may contain computer viruses and you expressly assume that risk. Should you download any such materials from the Services, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the Services. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Services.
30. Release of Liability for Third-Party Conduct. By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold Dragvertising (and Dragvertising’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, and corporate partners) harmless from any claim or controversy that may arise out of: the actions or inactions of, or the relationship between, you and any Event Planner, Vendor or other user(s) of the Site; and any information, instruction, advice or services created by any Event Planner, Vendor, or other third party that appeared on, or was communicated through, Dragvertising. Dragvertising expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
31. Indemnification for Third-Party Claims. You agree to indemnify, defend, save and hold harmless Dragvertising, and its members, managers, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners (collectively, our “Related Parties”) against any losses, judgments, damages, demands, costs, or expenses (including reasonable attorneys’ fees and costs) arising out of any third-party claims resulting from: (i) materials and content you submit, post or transmit through the Site; (ii) your breach of Section 6, “Prohibited Conduct,” of these Terms; (iii) your use of the Site or Dragvertising services in violation of any local, state, federal, or international law (iv) your violation of any rights of any third party, (v) any relationship or agreement between a Vendor or Event Planner using the Site or Services. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 31. We will promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you in an amount reasonably related to the claim and potential expenses.
32. Enforcement Costs. If Dragvertising employs an attorney to enforce any of the provision(s) of these Terms related to Section 6, “Prohibited Conduct,” the non-prevailing party in any final judgment agrees to pay the prevailing party’s reasonable expenses, including attorneys’ fees and expenses, incurred in connection with such enforcement action and efforts, as determined by a court of competent jurisdiction.
Terms Applicable to Mobile Application
33. Downloading App from App Providers. If you download our App from a third-party app store (the “App Provider”), you acknowledge and agree that:
These Terms are an agreement between you and Dragvertising only, and not with the App Provider. As between Dragvertising and the App Provider, Dragvertising is solely responsible for the App and the Services rendered in connection with the App;
The App Provider has no obligation to provide any maintenance and support services with respect to the App;
In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Dragvertising and the App Provider, Dragvertising’s responsibility;
The App Provider is not responsible for addressing any claims you have relating to the App or the Services, or your possession and use of the App;
If a third party claims that an application infringes another party’s intellectual property rights, as between the App Provider and Dragvertising, Dragvertising will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
The App Provider and any of its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and
You must also comply with all applicable third-party terms of service when using the applications.
34. License to Download and Use the App. Subject to your strict compliance with these Terms, we hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. We reserve all rights in the App not expressly granted to you by these Terms.
35. Upgrades. The App may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the App and our Services.
36. Devices and Communications Charges. To download, use, or access our App, you will need a compatible “smart” device. We cannot and do not guarantee that the App will be compatible with, or available on, your specific device. Your telecommunication company’s normal messaging, data, and other rates and fees will still apply. You understand that you are responsible for any charges associated with sending or receiving data and communications via your device.
Miscellaneous
37. Notice to California Users. Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
38. Contacting Us. If you have any feedback, questions, concerns, or comments about any of the Services, please contact us as provided here. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
39. Modifications to the Services. We may make improvements or other changes to the Services, or to the information within and services offered through the Services, without notice to you. We may add, delete, move, or modify some or all of the Services at any time.
40. Transfer of Rights and Assignment. Dragvertising may wish at some point to assign or transfer its rights in the Services to a third party, whether in connection with a merger, acquisition, asset sales, reorganization or otherwise. You agree that Dragvertising may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by a privacy policy at least as protective as Dragvertising’s then-applicable Privacy Policy.
41. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dragvertising as a result of these Terms or your use of the Services.
42. Severability. Invalidation of any provision of these Terms shall not impair or affect in any manner the validity and enforceability of the remaining portions, which in such event shall remain in full force and effect as if such invalid provision had never been included herein.
43. Captions. The captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of these Terms.
44. Entire Agreement; Amendments and Waiver. These Terms comprise the entire agreement between you and Dragvertising regarding your use of the Services, and they supersede all prior understandings regarding the same. If we fail to enforce any of our rights arising out of these Terms, such failure shall not constitute a waiver thereof. To be valid and enforceable, any amendment to or waiver of these Terms must be made in writing, signed or posted within the Services by Dragvertising.