FAMEBOOKING - Terms of Service

Last Modified: 1/30/2019

1. INTRODUCTION

We are FameBooking, LLC, a Kansas limited liability company. We are referred to in these Terms of Service (as they may be amended or otherwise updated, “Terms” or “Agreement”) as “FameBooking,”, “we”, “us”, “our”, or words of similar import. Our website, www.famebooking.com (the “FameBooking Website”), is designed to bring “Professionals” and “Customers” together for mutually rewarding experiences. When these Terms refer to “Professionals”, we mean and are referring to individuals who have celebrity status, fame, renown or achieved distinction in their field, who are Members of the FameBooking community (because they have registered to use the FameBooking Website), and who are offering to provide “Professional Services” (as defined in Section 4 of these Terms under the heading “Scope of FameBooking Services”) through the FameBooking Website. When these Terms refer to “Customers”, we mean and are referring to individuals or entities who are Members of the FameBooking community (because they have registered to use the FameBooking Website), and who are seeking to book Professional Services through the FameBooking Website, as further described in Section 4 of these Terms under the heading “Scope of FameBooking Services”. Our use of terms such as “you” or “yours” means Professionals and/or Customers, as the context requires. The FameBooking Website and the services that FameBooking provides through it are referred to in these Terms as the “FameBooking Platform”, and our registered users are collectively referred to in these Terms as “Members”. When the words "include", "includes", "including" (and other derivations thereof) appear in these Terms, they shall be deemed to be followed by the phrase "without limitation".

IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICE WE OFFER IS TO FACILITATE THE BOOKING BY CUSTOMERS OF PROFESSIONAL SERVICES OFFERED BY PROFESIONALS THROUGH THE FAMEBOOKING WEBSITE. FAMEBOOKING IS NOT A PARTY TO ANY CONTRACT BETWEEN A CUSTOMER AND A PROFESSIONAL AND IS NOT A PART OF THE TRANSACTION BETWEEN THE CUSTOMER AND THE PROFESSIONAL. FAMEBOOKING HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATING TO ALL TRANSACTIONS THAT RESULT FROM OR FAIL TO RESULT FROM YOUR USE OF THE FAMEBOOKING PLATFORM, WHETHER YOU ARE A PROFESSIONAL OR A CUSTOMER. USERS OF THE FAMEBOOKING PLATFORM USE THE FAMEBOOKING PLATFORM AT THEIR OWN RISK. BY USING ANY PORTION OF THE FAMEBOOKING PLATFORM, YOU ACKNOWLEDGE AND AGREE TO THIS DISCLAIMER OF LIABILITY.

The FameBooking Website is offered and available to users who are 18 years of age or older who reside in the United States or any of its territories or possessions (collectively, “United States”) and who are able to enter into legally binding contracts. By using the FameBooking Website, you represent and warrant to us that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the FameBooking Platform.

2. ACCEPTANCE OF THESE TERMS

These Terms govern your access to and use of the FameBooking Website. These Terms constitute a legally binding agreement between you and FameBooking regarding your use of the FameBooking Platform, so read them carefully before you use the FameBooking Website. You should also read our Privacy Policy before using the FameBooking Website, which policy is made a part of these Terms by this reference. By accessing the FameBooking Website or by clicking to accept or agree to these Terms when this option is made available to you, you are indicating that you have read and that you understand and agree to be bound by these Terms (including our Privacy Policy). If you do not agree to these Terms, you must not access or otherwise use the FameBooking Website.

3. CHANGES TO THESE TERMS

We reserve the right to withdraw or amend the FameBooking Website and any service or material we provide on or through the FameBooking Website in our sole discretion without notice. We shall not be liable if for any reason all or any part of the FameBooking Website is unavailable at any time or for any period. From time to time, we may restrict one or more users’ access to some or all of the FameBooking Website.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the FameBooking Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section of these Terms will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the FameBooking Website. Your continued use of the FameBooking Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check these Terms frequently so you remain aware of any changes, as they are binding on you.

4. SCOPE OF FAMEBOOKING TERMS

The FameBooking Platform is an online marketplace that enables Members who are Professionals to publish their availability to provide Professional Services on the FameBooking Website (“Listings”) and to communicate and transact directly with Members who are Customers who seek to book such Professional Services. These Professional Services may include signings, appearances, and speeches.

As the provider of the FameBooking Platform, FameBooking does not own, create, sell, resell, provide, control, manage, offer, deliver, supply or guaranty any Listing. Professionals alone are responsible for their Listings and the Professional Services that they provide or fail to provide. When Members make or accept a booking, they are entering into a contract between themselves; FameBooking is not and does not become a party to or otherwise participate in any contractual relationship between Members, nor is FameBooking an agent, manager, or insurer with respect to the relationship or any transaction between Members, except as expressly provided in Section 8 under the heading “Service Fees”.

While we may help facilitate the resolution of disputes, FameBooking has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Professional Services, (ii) the truth or accuracy of any Listing, “Rating” (as defined in Section 12 under the heading “Ratings”), or other “Member Content” (as defined in Section 7 under the heading “Content”), or (iii) the performance or conduct of any Member or any third party. FameBooking does not endorse any Member, Listing or Professional Services. Any reference in these Terms or on the FameBooking Website to a Member being “verified” (or similar language) only indicates that the Member has completed a process to provide information to FameBooking for administrative purposes nothing else. Any such description is not an endorsement, certification or guarantee by FameBooking of the Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care before and while using the FameBooking Platform.

If you choose to use the FameBooking Platform as a Member, your relationship with FameBooking is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of FameBooking for any reason. FameBooking does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including, if you are a Professional, your provision of Professional Services.

To promote the FameBooking Platform and to increase the exposure of Listings to potential Customers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

The FameBooking Platform may contain links to third-party websites or resources (“ThirdParty Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. FameBooking is not responsible or liable for the availability or accuracy of such ThirdParty Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by FameBooking of such Third-Party Services.

Due to the nature of the Internet, FameBooking cannot guarantee the continuous and uninterrupted availability and accessibility of the FameBooking Platform. FameBooking may restrict the availability of the FameBooking Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of the servers hosting the FameBooking Website, or to carry out maintenance measures that ensure the proper or improved functioning of the FameBooking Platform. FameBooking may improve, enhance and modify the FameBooking Platform and introduce new or delete FameBooking Services offered from time to time.

5. ELIGIBILITY, USING THE FAMEBOOKING PLATFORM, MEMBER VERIFICATION

You must be at least 18 years old, reside in the United States or any of its territories or possessions and able to enter into legally binding contracts to access and use the FameBooking Platform or register a FameBooking Account. By accessing or using the FameBooking Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

You agree to comply with all applicable laws and regulations in your local jurisdiction in connection with your use of the FameBooking Platform.

FameBooking may make access to and use of the FameBooking Platform, or certain areas or features of the FameBooking Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific eligibility criteria, meeting Ratings thresholds, or a Member’s booking and cancellation history.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

The access to or use of certain areas and features of the FameBooking Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the FameBooking Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

6. ACCOUNT REGISTRITION

You must register an account (“FameBooking Account”) to access and use the FameBooking Platform. If you register as a company or other form of entity, you represent and warrant to us that you have the authority to legally bind that entity with respect to these Terms and that by registering a FameBooking Account, such entity is not violating any agreement to which it is a party or by which any of its property is bound. If you are an individual, you should only register a FameBooking Account for yourself. When you register a FameBooking Account as an individual, you represent and warrant to us that you have the legal capacity to agree to these Terms and that your registration of a FameBooking Account does not violate any agreement to which you are a party or by which any of your property is bound.

You must provide accurate, current and complete information during the registration process and keep your FameBooking Account and public FameBooking Account profile page information up-to-date at all times.

You may not register more than one (1) FameBooking Account unless FameBooking authorizes you to do so in writing. You may not assign or otherwise transfer your FameBooking Account to any other person or entity unless you have express written consent from FameBooking to do so.

You are responsible for maintaining the confidentiality and security of your FameBooking Account credentials and may not disclose your credentials to any other person or entity. You must immediately notify FameBooking if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your FameBooking Account. You are liable for any and all activities conducted through your FameBooking Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

FameBooking may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your FameBooking Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow “Professionals” to add other Members as “Agent/Managers” (as defined in Section 9 below under the heading “Terms Specific to Professionals”) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by FameBooking to ask for your credentials, and you shall not request the credentials of another Member.

7. CONTENT

FameBooking may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the FameBooking Platform (“Member Content”); and (ii) access and view Member Content and any content that FameBooking itself makes available on or through the FameBooking Platform, including proprietary FameBooking content and any content licensed or authorized for use by or through FameBooking from a third party (“FameBooking Content”, and together with Member Content, “Collective Content”)

The FameBooking Platform, FameBooking Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the FameBooking Platform and FameBooking Content, including all associated intellectual property rights, are the exclusive property of FameBooking or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice incorporated in or accompanying the FameBooking Platform, FameBooking Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of FameBooking used on or in connection with the FameBooking Platform and FameBooking Content are trademarks or registered trademarks of FameBooking. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the FameBooking Platform, FameBooking Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the FameBooking Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 FameBooking or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, FameBooking grants you a limited, nonexclusive, nonsublicensable, revocable, non-transferable license to (i) use of the FameBooking Platform on your cellular device or other compatible personal device(s), and (ii) access and view any Collective Content made available on or through the FameBooking Platform and accessible to you, in each case solely for the purposes permitted by these Terms.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the FameBooking Platform, you grant to FameBooking a non-exclusive, royaltyfree, irrevocable, perpetual (or for the term of the protection), sublicensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the FameBooking Platform, in any media or platform. Unless you provide specific consent, FameBooking does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

You are solely responsible for all Member Content that you make available on or through the FameBooking Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the FameBooking Platform or you have all rights, licenses, consents and releases that are necessary to grant to FameBooking the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither such Member Content nor your posting, uploading, publication, submission or transmittal of such Member Content or FameBooking's use of such Member Content (or any portion thereof) 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.

You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any FameBooking policy. FameBooking may, without prior notice, remove or disable access to any Member Content that FameBooking finds to be in violation of these Terms or otherwise may be harmful or objectionable to FameBooking, its Members, third parties, or property.

FameBooking respects copyright law and expects its Members to do the same. If you believe that any content on the FameBooking Platform infringes copyrights you own, please notify us in accordance with our Intellectual Property Infringement Policy, which by this reference is incorporated in these Terms.

8. SERVICE FEES

FameBooking may charge fees to Professionals (“Professional Service Fees”) and Customers (“Customer Service Fees”) (Professional Service Fees and Customer Service Fees are collectively referred to in these Terms as “Service Fees”) for using the FameBooking Platform. Service Fees and any applicable Sales Taxes will be displayed to the to the Customer prior to Customer booking the Listing.

Any applicable service fees charged to the Professional will be displayed to the Professional on the booking page. FameBooking reserves the right to change Professional Fees and Customer Fees at any time. FameBooking will provide the Professionals and/or Customers, as the case may be, reasonable prior notice of any such change before the change becomes effective.

Customer Service Fees will be collected by FameBooking at checkout. FameBooking will deduct Professional Service Fees prior to payout to Professionals for completed bookings. Customers may also be required to pay sales, value added or similar taxes (“Sales Taxes”) depending on the laws of the applicable jurisdiction. FameBooking has the right to deduct its Service Fees and any required Sales Taxes from amounts it collects from Customers for each booked Listing before remitting payment to the Professional. Service Fees are non-refundable unless otherwise determined by us in our absolute and sole discretion.

If FameBooking deducts Sales Taxes as described above, FameBooking or its agent will remit the Sales Taxes to the appropriate taxing authority.

9. TERMS SPECIFIC TO PROFESSIONALS

Terms applicable to all Listings

When creating a Listing through the FameBooking Platform, you must (i) provide complete and accurate information about the Professional Services you are offering (such as listing description, pricing, and calendar availability), (ii) disclose any restrictions regarding the Professional Services that you are offering (such as what you will not autograph), and (iii) provide any other pertinent information requested by FameBooking. Any terms and conditions included in your Listing, in particular pertaining to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting the price for the Professional Services covered by your Listing (“Appearance Fee”), and that price must include (i) any Sales Taxes that are required to be collected and paid and (ii) any “Agent Fee” (as defined below under the heading “Agents”. Once a Customer requests a booking of your Listing, you may not change your Appearance Fee except to reflect any change in Sales Taxes required by law that came into effect after the posting of your Listing and you receive the Customer’s request to book that Listing.

The placement and ranking of Listings in search results on the FameBooking Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Professional requirements, price and calendar availability, number and quality of images, customer service and cancellation history, Ratings, type of Professional Service, and ease of booking.

When you accept a request by a Customer for a booking, you are entering into a legally binding agreement with that Customer and are required to provide your Professional Services to that Customer as described in your Listing. FameBooking’s related Service Fee also becomes payable at that time. If you thereafter cancel the booking, FameBooking may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee on you (which you agree to promptly pay) unless FameBooking determines that you have a valid reason for cancelling the booking.

FameBooking recommends that Professionals obtain appropriate insurance for their Professional Services. Please review any insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including whether or not your insurance policy will cover the actions or inactions of Customers during a booking.

By accepting the booking submitted by a customer, you are agreeing that the customer may also have the right to use your likeness as a promotion for their company or promote the scheduled service they have booked you for. For example, if a car dealership books you for a public autograph signing they are free to promote that in an ad or social media post, if a customer books your services for an appearance or speaking engagement for their organization they might use your likeness to promote their the event.

Agents

When requested by a Professional, FameBooking may enable the Professional to authorize one or more other persons (“Agents”) to administer the Professional’s Listings and to take certain actions in relation to his or her Listings as permitted by the particular Professional that will be binding on the Professional. These actions could include accepting booking requests, messaging Customers, and updating the Appearance Fee and calendar availability (collectively, “Agent Services”). Any agreement formed between a Professional and an Agent (“Agent Agreement”) is between the Professional and the Particular Agent; FameBooking is not a party to any Agent Agreement and shall have no liability to the Professional or to the Agent arising out of or relating to any Agent Agreement other than to remit the Agent Fee to the Agent as described below. Any Agent Agreement entered into between a Professional and an Agent may not conflict with these Terms or any other FameBooking policies applicable to Professional Services. Professionals agree to provide FameBooking with complete and current copies of any Agent Agreement to which they are a party promptly following FameBooking’s request.

FameBooking shall have the right but not the obligation to remit to an Agent the fee payable to such Agent for performing Agent Services (“Agent Fee”). Each such remittance that may be made shall be made from the Appearance Fee collected from the Customer at the time such Appearance Fee is collected or within a reasonable time thereafter. The Professional shall be responsible for notifying FameBooking in writing of the correct amount of the Agent Fee before the Professional posts the related Listing.

An Agent may only act in an individual capacity and not on behalf of a company or other organization unless expressly authorized by FameBooking in writing. FameBooking reserves the right, in our sole discretion, to limit the number of Agents a Professional utilizes for each Listing and to limit the number of Listings an Agent may manage.

Professionals should exercise due diligence and care when deciding to utilize Agents in connection with the FameBooking Platform. Professionals remain responsible and liable for any and all Listings and Member Content published by or for them on the FameBooking Platform, including any Listing created by an Agent on their behalf. Further, Professionals continue to remain responsible and liable for their own acts and omissions, including conduct that causes harm or damage to their Agents; FameBooking has no responsibility or liability in that regard.

Agents are responsible and liable for their acts and omissions when engaging in their roles and responsibilities as an Agent, including conduct that causes harm or damage to the Professional; FameBooking has no responsibility or liability in that regard.

Each Professional hereby agrees to agree to defend (at FameBooking’s option), indemnify, and hold FameBooking and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages (whether compensatory, direct, incidental, consequential or otherwise), losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected or arising out of a Agent Agreement, including (i) such Professional’s retainer of one or more Agents to assist such Professional in connection with the FameBooking Platform, (ii) such Professional’s use of one or more Agents to assist such Professional in connection with the FameBooking Platform, and (iii) the acts or failures to act of any Agent.

An Agent’s access to the FameBooking Platform will terminate as a result of (i) the termination of the Agent Agreement to which the Agent is a party, and (ii) FameBooking’s receipt of written notice of such termination from either such Agent or the Professional. When a Agent Agreement is so terminated, the Professional will immediately notify FameBooking in writing of the termination and will remain responsible for all of the Agent’s actions prior FameBooking’s receipt of such notice of termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. FameBooking also has the right to terminate an Agent’s access to the FameBooking Platform for any or no reason at any time upon no less than ten (10) days’ written notice to the Agent’s Professional; provided that FameBooking may immediately terminate such access by written notice to the Agent’s Professional if the reason for doing so is a good faith belief that the Agent’s continued access to the FameBooking Platform could cause harm to FameBooking, any Customer, any Professional or any other party.

Professional Managers

The Professional Manager will be responsible for onboarding people of notoriety to FameBooking’s online booking platform. Onboarding includes finding the Professional, having the Professional sign up on FameBooking’s platform, working with Professional to ensure the Professional is responding in a timely manner to booking requests (48 hours), attending bookings they agree to, and receiving positive reviews from Customer requested services. Professional Managers may be assigned/access Professional’s accounts, messages, booking requests, etc in order to help FameBooking operate.

10. TERMS SPECIFIC TO CUSTOMERS

Terms applicable to all Bookings

Subject to meeting any requirements (such as completing any verification processes) set by FameBooking and/or the Professional, you can request to book a Listing available on the FameBooking Platform (a “Booking”) by following the Booking process. All applicable fees and any applicable Sales Taxes (defined above as the “Appearance Fee”) will be presented to you prior to booking a Listing. You agree to pay the Appearance Fee for any booking you request and that we confirm as described below.

A legally binding agreement is formed between you and the Professional upon your receipt of a Booking confirmation from FameBooking. The Appearance Fee is payable, and FameBooking will collect the Appearance Fee from you at the time of, or immediately following, FameBooking’s confirmation. For certain Bookings in FameBooking’s discretion, you may be required to pay or have the option to pay the Appearance Fee in multiple installments.

As a Customer, 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 Booking. Each Customer hereby agrees to defend (at FameBooking’s option), indemnify, and hold FameBooking and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages (whether compensatory, direct, incidental, consequential or otherwise), losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected or arising out the acts and omissions of such Customer relating to or occurring at a Booking and the acts or omissions relating to or occurring at a Booking of all individuals whom such Customer invites to, or otherwise permits access to, the Booking.

If you book a Professional Service on behalf of additional participants, you are required to ensure that every additional participant meets any requirements set by the Professional, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Professional. If you are undertaking a Booking for an additional participant who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an autograph signing, appearance, or other Professional Service if accompanied by an adult who is responsible for them.

You are allowed to use your hired professional's likeness to promote your upcoming event (for example, promoting a public autograph signing), and may continue to use it for up to 30 days after the event for promotional internet posts, newsletters, and thank you letters. After that month long period, you do not retain the rights to use the professional's likeness.

Booking a Professional Service

You should carefully review the description of any Listing you intend to book to ensure you (and any additional participants you are booking for) meet any requirements that the Professional has specified in his or her Listing. At your sole discretion, you may want to inform the Professional of any medical or physical conditions or other circumstances that may impact your and any additional participants’ ability to participate in the Booking. You are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to your participation in a Booking.

You must at all times adhere to the Professional’s reasonable instructions before and during a Booking.

11. BOOKING MODIFICATIONS, CANCELATIONS AND REFUNDS

Professionals and Customers are responsible for any modifications to a Booking that they make via the FameBooking Platform or that they may direct FameBooking customer service to make, and agree to pay any additional fees and taxes associated with such modifications that FameBooking may charge.

Customers may cancel a Booking at any time pursuant to FameBooking’s cancellation policy (below), and FameBooking will refund the amount of the Appearance Fees that is refundable to the Customer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Appearance Fee payable to the Professional under the FameBooking cancellation policy will be remitted to the Professional by FameBooking. A Professional has ultimate discretion if he or she wants to waive cancellation policy payments or reschedule the event at no additional cost.

FameBooking Cancellation Policy – Cancellation by Customer: (Amount of Appearance Fee to be refunded):

0 Hours- 72 Hours Before Event: 0% Refund to Customer

72 Hours-Two Weeks Before Event: 50% Refund to Customer

Two Weeks-One Month+ Before Event: 75% Refund to Customer

FameBooking Cancellation Policy – Cancellation by Professional: (Amount of Appearance Fee to be refunded): If a Professional cancels a Booking, the Customer will receive a full refund of the Appearance Fee paid by the Customer for such Booking within a commercially reasonable time after the cancellation.

For any Booking, if inclement weather creates an unsafe scenario for Professionals or Customers, Professional’s may modify or cancel the Booking without liability to FameBooking or the Customer. FameBooking will work with the Professional and the Customer to provide the Customer an alternative date for the Professional Service or an appropriate refund or a rebooking.

In certain circumstances, FameBooking may decide, in its sole discretion, that it is necessary to cancel a Booking and make what it deems to be appropriate refund and payout decisions. This may be for reasons set forth (i) where FameBooking believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to FameBooking, other Members, third parties or (ii) for any of the reasons set out in these Terms. All such decisions by FameBooking shall be binding on Professionals and Customers without right of appeal.

If, as a Professional, your Customer cancels a Booking or FameBooking decides that it is necessary to cancel a Booking, and FameBooking issues a refund to the Customer, or other applicable cancellation policy, you agree that in the event you have already been paid, FameBooking will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount from any future payments due to you from FameBooking.

12. RATINGS

Within a certain time frame after completing a Booking, Customers and Professionals can leave a public rating (“Rating”) about each other. Ratings are part of a Member’s public profile and may also appear elsewhere on the FameBooking Platform (such as the Listing page) together with other relevant information such as number of Bookings, number of cancellations, average response time and other information.

Members are prohibited from manipulating the Rating system in any manner, such as by instructing a third party to leave a positive or negative review about another Member.

Ratings reflect the opinions of individual Members and do not reflect the opinion of FameBooking. Reviews are not verified by FameBooking for accuracy and may be incorrect or misleading.

Ratings are disabled when a cancellation is in effect.

13. INCOME TAXES

As a Professional you are solely responsible for determining your obligations to report, collect, remit, any and all taxes applicable to your performance of Professional Services (“Income Taxes”).

Tax regulations may require us to collect appropriate Tax information from Professionals, or to withhold Taxes from payouts to Professionals, or both. If a Professional fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Listings are located may require Taxes to be collected from Customers or Professionals on Bookings, and to be remitted to the appropriate Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the amount collected from the Booking.

You agree that any claim or cause of action relating to FameBooking's facilitation of collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by FameBooking in connection with facilitation of collection and remittance, if any. Customers and Professionals agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected by FameBooking is a refund of such Taxes from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

FameBooking reserves the right, with prior notice to Professionals, to cease the collection and remittance in any jurisdiction for any reason.

Customers will be required to pay sales tax when remitting payment for Bookings if required by State law.

14. PROHIBITED ACTIVITIES

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the FameBooking Platform. In connection with your use of the FameBooking Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, these Terms, or any of our other policies or standards;
  • use the FameBooking Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies FameBooking endorsement, partnership or otherwise misleads others as to your affiliation with FameBooking;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the FameBooking Platform in any way that is inconsistent with FameBooking’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the FameBooking Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • unless FameBooking explicitly permits otherwise, book any Listing if you will not actually be using the Professional Services yourself;
  • use the FameBooking Platform to request, make or accept a booking independent of the FameBooking Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Booking Fees outside of the FameBooking Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold FameBooking harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • use, display, mirror or frame the FameBooking Platform or Collective Content, or any individual element within the FameBooking Platform, FameBooking's name, any FameBooking trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the FameBooking Platform, without FameBooking's express written consent;
  • dilute, tarnish or otherwise harm the FameBooking brand in any way, including through unauthorized use of Collective Content, registering and/or using FameBooking or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to FameBooking domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the FameBooking Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by FameBooking or any of FameBooking's providers or any other third party to protect the FameBooking Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the FameBooking Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the FameBooking Platform;
  • export, re-export, import, or transfer any FameBooking technology or other property except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone

You acknowledge that FameBooking has no obligation to monitor the access to or use of the FameBooking Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the FameBooking Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist FameBooking in good faith, and to provide FameBooking with such information and take such actions as may be reasonably requested by FameBooking with respect to any investigation undertaken by FameBooking or a representative of FameBooking regarding the use or abuse of the FameBooking Platform.

If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behavior, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to FameBooking by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES

This Agreement shall be effective for a 90-day term, at the end of which it will automatically and continuously renew for subsequent 90-day terms until such time when you or FameBooking terminate the Agreement in accordance with this provision.

You may terminate this Agreement at any time by sending us an email. If you cancel your FameBooking Account as a Professional, any unperformed confirmed Booking(s) will be automatically cancelled and your Customers will receive a full refund. If you cancel your FameBooking Account as a Customer, any unperformed confirmed Booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

FameBooking may immediately, without notice, terminate this Agreement and/or stop providing access to the FameBooking Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) FameBooking believes in good faith that such action is reasonably necessary to protect the personal safety or property of FameBooking, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

In addition, FameBooking may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the FameBooking Account registration, Listing process or thereafter, (iv) you and/or your Listings or Professional Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or reviews or FameBooking otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed Bookings or failed to respond to Booking requests without a valid reason, or (vii) FameBooking believes in good faith that such action is reasonably necessary to protect the personal safety or property of FameBooking, its Customers, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, or other Member Content;
  • cancel any pending or confirmed Bookings;
  • limit your access to or use of the FameBooking Platform;
  • temporarily or permanently revoke any special status associated with your FameBooking Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your FameBooking Account and stop providing access to the FameBooking Platform.

In case of non-material breaches of these Terms and where appropriate, you will be given notice of any intended measure by FameBooking and an opportunity to resolve the issue to FameBooking's reasonable satisfaction.

If we take any of the measures described above (i) we may refund your Customers in full for any and all confirmed Bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed Bookings that were cancelled.

When this Agreement has been terminated, you are not entitled to a restoration of your FameBooking Account or any of your Member Content. If your access to or use of the FameBooking Platform has been limited or your FameBooking Account has been suspended or this Agreement has been terminated by us, you may not register a new FameBooking Account or access and use the FameBooking Platform through an FameBooking Account of another Member.

Notwithstanding anything to the contrary in these Terms, no Termination of this Agreement shall release any party from liability to another party which at the time of termination shall have already occurred or which thereafter may occur in respect of any act or omission prior to such termination; nor shall any termination of this Agreement affect in any way the survival of any right, duty or obligation of any party hereto which by the terms of this Agreement is to survive termination.

If you or we terminate this Agreement, the clauses of these terms that reasonably should survive termination of this Agreement will remain in effect after this Agreement is terminated. These clauses include the clauses in Sections 1 (Introduction), 7 (Content), 8 (Service Fees), 13 (Taxes), 15 (Term and Termination, Suspension and other Measures), 16 (Assumption of Certain Risks; Disclaimers), 17 (Limitation of Liability), 18 (Indemnification), 19 (Governing Law and Jurisdiction), and 21 (General Provisions).

16. ASSUMPTION OF CERTAIN RISKS; DISCLAIMERS

If you choose to use the FameBooking Platform or Collective Content, you do so voluntarily and at your sole risk. The FameBooking Platform and Collective Content are provided “as is”, without warranty of any kind, either express or implied.

We operate the FameBooking Website in the United States. We make no warranty that the FameBooking Website or the FameBooking Platform is appropriate or available for use outside of the United States. Those who choose to use the FameBooking Platform from outside the United States do so on their own initiative and risk, and are responsible for complying with all applicable laws of the jurisdiction from which they are using the FameBooking Platform.

Each Customer agrees that such Customer has had whatever opportunity such Customer deems necessary to investigate (i) the FameBooking Platform, (ii) the Professionals that are placing Listings on and offering Professional Services through the FameBooking Platform, (iii) the types of Professional Services that are being provided by such Professionals, and (iv) the laws, rules and regulations applicable to providing such Professional Services, and that such Customer is not relying upon any prescreening by, or statement of law or fact made by, FameBooking relating to any of the foregoing. FameBooking disclaims all liability with respect to the foregoing.

Each Professional agrees that such Professional has had whatever opportunity such Professional deems necessary to investigate (i) the FameBooking Platform, (ii) the Customers that are making Bookings through the FameBooking Platform, and (iii) the laws, rules and regulations applicable to providing such Professional Services and that such Professional is not relying upon any prescreening by, or statement of law or fact made by, FameBooking relating to any of the foregoing. FameBooking disclaims all liability with respect to the foregoing.

If we choose to conduct identity verification or background checks on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future. FameBooking disclaims all liability with respect to the foregoing.

You agree that some Bookings or the Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Booking or the Payment Service. If you are bringing a minor as an additional Customer, you are solely responsible for the supervision of that minor throughout the duration of your Booking and to the maximum extent permitted by law, you agree to release and hold harmless FameBooking from all liabilities and claims that arise in any way from any harm that occurs to that minor during the Booking or in any way related to your Professional Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. LIMITATION OF LIABILITY

Neither FameBooking nor any other party involved in creating, producing, or delivering the FameBooking Platform or 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 (i) these Terms, (ii) from the use of or inability to use the FameBooking Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the FameBooking Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Professional Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FameBooking 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 Professionals pursuant to these Terms. In no event will FameBooking’s aggregate liability arising out of or in connection with these Terms and your use of the FameBooking Platform, including from publishing or booking Listings, or using or being unable to use the FameBooking Platform, using or providing Professional Services, or using Collective Content, or interacting with other Members, exceed the amounts you have paid or owe for Bookings via the FameBooking Platform as a Customer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Professional, the amounts paid by FameBooking 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 FameBooking 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.

18. INDEMNIFICATION

You agree to defend (at FameBooking’s option), indemnify, and hold FameBooking and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages (whether compensatory, direct, incidental, consequential or otherwise), losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the FameBooking Platform, (iii) any Professional Service, (iv) your interaction with any Member, or (v) your breach of any law, rule, ordinance, regulation or third party rights.

19. GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these Terms, the FameBooking Website, or the FameBooking Platform, and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or of any other jurisdiction).

Any legal suit, action or proceeding arising out of or relating to these Terms, the FameBooking Website, or the FameBooking Platform, shall be instituted exclusively in the State or Federal courts of the United States located in Johnson County, Kansas. We retain the right to bring any suit, action or proceeding against you for breach of these Terms in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the FameBooking Platform (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the FameBooking Website, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

21. GENERAL PROVISIONS

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between FameBooking and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between FameBooking and you in relation to the access to and use of the FameBooking Platform.

No joint venture, partnership, employment, or agency relationship exists between you and FameBooking as a result of this Agreement or your use of the FameBooking Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

FameBooking’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without FameBooking’s prior written consent. FameBooking may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by FameBooking via email, FameBooking Platform notification, or messaging service. (including SMS.)

22. OUR CONTRACT INFORMATION

To ask questions or comment about these Terms, or to otherwise contact us, please email us at:

info@famebooking.com

Thank you for visiting the FameBooking Website.

© 2018 FameBooking, Inc. Terms of Service. All rights reserved.