Convenience and Information
The Services are provided to you as a convenience and for your information only. By merely providing you access to and use of the Services, we do not warrant or represent that any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete; the Content is up-to-date or current; we have any obligation to update any Content; the Content is free from technical inaccuracies or programming or typographical errors; the Content is free from changes made by a third party; your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; any information obtained in response to comments or questions asked through the Services is or will be accurate or complete; and/or the Services will lead to or result in any employment or other opportunities for you.
Use and Content
The ownership of the Services, Content, and all rights therein are and will remain with Gamut. We grant you the right to access and use the Services as long as you follow the requirements in these Terms.
You may not: remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; decompile, reverse engineer, jeopardize the correct functioning of the Website; attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; and/or impersonate any person or entity, or otherwise misrepresent or use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
We may make changes to the Services, the Content or these Terms or stop providing any of the Services at any time and without further notice to you. We will make an effort to update the Website with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Privacy and Electronic Communication
We know that privacy is important to you, and it is important to us as well. Personal data that you provide will be handled in accordance with our Privacy Notice. By using the Services, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
You acknowledge that, in using the Services and accessing the Content, you may encounter material or communications that you deem to be disturbing, offensive, and/or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
Terms related to Talent
We seek to create an inclusive community and are excited to work with Talent with all characteristics, attributes, and/or self-described challenges and/or disabilities. We may determine, in our sole discretion, who we will represent as Talent. Submitting a form or application to join Gamut does not mean that Gamut will represent you as Talent. Talent selected for representation by Gamut will be notified of such selection in writing and such representation, if any, will be subject to Gamut’s standard Management Agreement which agreement will not be binding or enforceable until such time, if any, that it is signed by Gamut and the applicable Talent. The Management Agreement will include specific terms related to our representation of you, including, without limitation, the scope of representation, your obligations, our fees/commissions, and other terms related to our relationship. You agree to abide by all of the terms included in the Management Agreement.
No Warrenties for the Services
We make no warranty concerning the Services and/or the Content including, without limitation, with respect to any delay, failure, interruption, or corruption of any data, Content, or any other information transmitted in connection with the use of the Services. You expressly agree that your use of the Services is at your sole risk and you are not relying on any express or implied representation in choosing to use or access the Services and/or Content. The Services and Content are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless these warranties are legally incapable of exclusion. We make no representations or warranty that the Services, Content or any of our other services will remain uninterrupted or error-free, that defects will be corrected, or that the web pages accessible on or through the Services, or the servers used in connection with the Servers, are or will remain free from any viruses, worms, time bombs, drop dead devices, trojan horses, or other harmful components. We do not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that we will have adequate capacity for the Services as a whole or in any specific geographic area.
You agree to defend, indemnify, and hold harmless Gamut and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: your failure to comply with these Terms; your breach of your obligations under these Terms; your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; your violation of any law or the rights of a third party; any dispute or issue between you and any third party; and your willful misconduct. Gamut reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Services, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all content you submit, you will remain responsible for such content.
Limitation of Liability
In no event will we or our affiliates, or any of our respective officers, directors, agents or other representatives, be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages of any kind arising from your use of or inability to use the Services or the Content provided in connection with the Services, or for any other claim related in any way to your use of the Service or Content. In addition, we will not be liable for any negative repercussions to anyone based on the use of or inability to use the Services, including, but not limited to, any lost goodwill or lost profits. We are not liable for any personal injury, including death, or property damage caused by your use or misuse of the Services or Content. We are not responsible for inaccuracies or errors in or omissions from the Content; delays, errors, or interruptions in the transmission or delivery of the Content; or loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance. Remedies under these terms are exclusive and are limited to those expressly provided for in these terms. To the fullest extent permitted by applicable law, our entire liability shall be limited to the amount paid by you to Gamut for or relating to the Services. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.
Third Party Content and Applications
We may provide hyperlinks to other websites maintained by third parties, like Facebook, Instagram, Twitter and YouTube, or we may provide third party content on the Services that we think will be relevant to our users by framing or other methods. In addition, the Services may include certain applications, features, programs and services provided by third parties. We do not monitor the third party content and applications and can make no guarantee as to the accuracy or completeness of such third party content and applications, and they are provided “as is”. The links are provided for your convenience and information only. If you decide to access any of the third party websites linked to or from the Services, you do so entirely at your own risk.
The Content and the Services are intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on and in connection with the Services. Nothing on the Website or any other platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission in each instance.
We offer certain features of the Services designed to facilitate interaction between you and Gamut. You agree to use the interactive services in full compliance with all applicable laws and regulations. You are solely and personally responsible for your comments, opinions, statements, feedback, suggestions, messages, comments, ideas, notes, and other content that you have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #Gamut, @Gamut or any other Gamut related or promoted hashtag or properties.
Feedback and Materials
You acknowledge and agree that all feedback, comments, and suggestions, including suggestions for improvements, enhancements, alterations, changes or revisions, or otherwise regarding the Services that you provide to Gamut are assigned to Gamut, and you have no further rights therein or thereto. We may use (or not use) such information for whatever purpose we choose, without notice or compensation to you. You agree that we may use all materials that you provide to us including all photographs, videos, recordings, illustrations, portfolios, and/or biographies (individually and collectively, the “Materials”), and you grant us a royalty-free perpetual worldwide license to use such Materials on the Website and in performing the Services, and you warrant and represent that you exclusively own and/or control the rights to the Materials and that such Materials are 100% original and will not violate or infringe the rights of any third party.
Termination of Service
We may suspend or terminate your right to access portions of the Service, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
Governing Law; Jurisdiction and Venue
You agree that all matters relating to your access to, or use of, the Services will be governed by the laws of the State of New Jersey, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of New Jersey with respect to such matters.
We make no representation that any Content or other materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
By accessing and using the Services, you consent to and agree to be bound by these Terms. If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at:
Gamut Management LLC
Copyright © 2019. Gamut Management LLC. All Rights Reserved.
Effective as of: July 31, 2019
Last updated: July 31, 2019
2022 Gamut Management