Term of Services
Last updated: May 5th, 2017
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Promogo’s app/website (the"Service") operated by Silicon Vegas LLC dba PROMOGO ("us","we",or "our")...
These Terms of Service (“Terms”) apply to your access and use of the Promogo mobile application (the “App”), our website located at https://www.Promogo.io (the “Site”), our proprietary platform that powers the services (the “Platform”) and other online products and services (collectively with the App and the Site, the “Promogo Services”) of PROMOGO.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE PROMOGO SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW INCLUDING YOUR AGREEMENT TO SUBMIT DISPUTES TO BINDING ARBITRATION. Please read all of the terms before you use the PROMOGO Services. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the PROMOGO Services. You must be at least 18 years old to use the PROMOGO Services.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature or as our Platform adapts to changes in the market and our user base. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the PROMOGO Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
Description of Services
Through the PROMOGO Services, you can be connected with venues, casting agencies, productions, beverage suppliers, beverage distributors, trade show participants and clients, and others (each, a “PROMOGO Client”) who may need multiple “talents” to serve as models, talent, actors, actresses, sales representative, DJ’s, bartenders, or dancers for (each, an “Event”). When a PROMOGO Client requests “PROMOGO Talent” for its particular Event, it will specify the number of people requested, the date, time and place of the Event, and additional criteria it seeks for each “Promogo Talent”. If your profile indicates that you meet the specifications and criteria of the “Promogo Client”, you will receive a notification through the App or the Site of the Event. You may hit “Apply For Event” or a variation to indicate that you are willing to work that Event in exchange for the compensation stated in the event details within the “Promogo App”. If you cancel or do not check in via the App for the Event/Job that you have agreed to attend, we may suspend your access to and use of the Promogo Services, in our sole discretion.
You and other users of the PROMOGO Services are each deemed a “PROMOGO TALENT”. Please report any behavior by a “PROMOGO Client” or PROMOGO Talent that concerns you to us at email@example.com.
For more information about the PROMOGO Services, please see our Frequently Asked Questions.
To use the PROMOGO Services, you will need to create an account. You can do so on our website (www.promogo.io) or on our mobile app in iTunes by using your email and creating a protected password. When you create an account, you are giving PROMOGO access to your email, phone number, profile pictures, personal measurements, and other such information describing yourself. This information may be used to evaluate your eligibility for an Event. You are responsible for all activity performed through your account and accept all risk that someone may access your account without your permission. If you discover or suspect any security breach of the PROMOGO Services, please let us know as soon as possible. By creating an account with PROMOGO, you represent and warrant to us that you are at least 18 years old and that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. PROMOGO reserves the right to deny any individual an account at our discretion. You promise to update the information you have provided to PROMOGO in the event of any changes to your contact information. In addition, factors such as number of Events, availability of users already using the Platform, and size of user base can affect a person’s ability to create an account. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure.
Payment for Services Rendered
You must maintain and provide at all times complete and accurate information for your deposit accounts such as Payable.com, bank account or other similar payment platforms which PROMOGO has approved and we will have no liability to you for your failure to maintain complete and accurate payment information. You will receive the applicable Event Payment upon verification of services rendered for the full duration of the event. We achieve this via various mechanisms including geolocation information collected by the App from your mobile device and picture, video, samplings and other required data collections specified in the event before you apply, and in the My Event’s tab once you have been selected to work such event. It is important that you maintain your mobile device powered and with you while attending an Event. If an Event is canceled, PROMOGO is under no obligation to pay you. If you leave an Event for any reason prior to conclusion, you will not be paid for that Event. If you leave an Event early due to a safety concern, please contact us. Your Event Payment may be reduced or withheld if you do not adhere to our code of conduct or event-specific instructions or duties of each individual event.
NEW USER REFERRAL BONUSES are not paid out on Online Events currently although we are working on these features for future application updates.
PROMOGO does not intend to appoint you or any other PROMOGO Talent as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of PROMOGO and PROMOGO will not make commitments on your behalf, except as contemplated by the PROMOGO Services or expressly stated in these Terms.
Right To Use Promogo As A Service
On the condition that you fully comply with these Terms, PROMOGO grants you a limited, nonexclusive, non-transferable and revocable license to access and use the PROMOGO Services for your own personal, non-commercial use. However, the App may only be used on mobile devices that you control and each PROMOGO Talent can only access their own PROMOGO account in order to check in and complete required tasks at an Event. It is the responsibility of each PROMOGO Talent to ensure that their account is controlled by only them at all times. The terms of this license will also govern any upgrades provided by PROMOGO that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the PROMOGO Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the PROMOGO Services, (c) disassemble, decompile or reverse engineer any of the software components of the PROMOGO Services, (d) copy, frame or mirror any part of the PROMOGO Services, (e) interfere with or disrupt the integrity or performance of the PROMOGO Services, or (f) attempt to gain unauthorized access to the PROMOGO Services or its related systems or networks.
Prohibited use of the Promogo Services
You may not do any of the following in connection with the PROMOGO Services or other users:
Use the PROMOGO Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the PROMOGO Services or that could damage, disable, overburden or impair the functioning of the PROMOGO Services;
Collect any personal information about other users;
Intimidate, threaten, stalk, bully or otherwise harass other users;
Create an account if you are not over 18 years of age;
Use the PROMOGO Services as a platform for dating or matchmaking or excorting services or any other purpose except for brand promotion, hiring of models, talents, DJ’s, brand ambassadors; Bartenders for event based tasks and independant contractors for hire.
Use the PROMOGO Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the PROMOGO Services, its users, or third parties.
Prohibited Activities at an Event
You are prohibited from engaging in the following, and any allegation that you have done so at an Event may result in your account and access to the PROMOGO Services being terminated:
The unauthorized use, possession, manufacture, distribution or sale of an illegal drug, controlled substance or drug paraphernalia at an Event;
Engaging in illegal solicitation or pandering;
Attending an Event while under the influence of illegal drugs or a controlled substance whose use is unauthorized.
You are not allowed to drink or pursue the consumption of alcohol at an event allows. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO CONSUME ALCOHOL AT AN EVENT IS SOLELY A PERSONAL DECISION AND YOU ASSUME ALL RISKS, AND ACCEPT FULL RESPONSIBILITY, FOR YOUR CONSUMPTION OF ALCOHOL INCLUDING REMOVAL FROM THE PLATFORM.
Release of Liability
YOU VOLUNTARILY ATTEND ANY EVENT, WITH KNOWLEDGE OF ANY DANGER OR HAZARDOUS ACTIVITIES INVOLVED, AND HEREBY ACCEPT ANY AND ALL ASSOCIATED RISKS. YOU FURTHER RELEASE (BOTH ON BEHALF OF YOU AND YOUR FAMILY, FRIENDS, HEIRS, EXECUTORS, AND PERSONAL REPRESENTATIVES), PROMOGO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), FROM AND AGAINST ANY LOSS (WHETHER OF WAGES OR OTHER EARNINGS, CONSORTIUM OR OTHERWISE), INJURY, DISABILITY, DEATH, COST, EXPENSE, DAMAGE (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL AND/OR OTHERWISE) OR OTHER CLAIM OF ANY KIND WHATSOEVER (COLLECTIVELY, “CLAIMS”) DIRECTLY OR INDIRECTLY ARISING OR RESULTING FROM, OR OTHERWISE RELATING TO, YOUR ATTENDANCE AT AN EVENT. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL DEMANDS, SUITS, PROCEEDINGS, ACTIONS, JUDGMENTS AND OTHER CLAIMS OF ANY KIND WHATSOEVER THAT ANY OF THEM MAY SUFFER OR INCUR, DIRECTLY OR INDIRECTLY, ARISING OR RESULTING FROM, OR OTHERWISE RELATING TO, YOUR ATTENDANCE AT AN EVENT OR ANY RESULTING OR RELATED ACTS, EVENTS OR CIRCUMSTANCES. YOU ACKNOWLEDGE THAT PROMOGO DOES NOT OWN, ENDORSE OR CONTROL ANY EVENT POSTING AND ALL EVENT POSTINGS ARE ENDORSED BY THE PRODUCER OF SUCH EVENT.
Disputes between you and Promogo Client
Your use of the PROMOGO Services is at your own risk. PROMOGO is not responsible or liable for the conduct of, or your interactions with, any other users or PROMOGO Clients (or their employees, contractors, or other PROMOGO Talent) or for any related damage or harm. The PROMOGO Services are merely a neutral means of connecting you with PROMOGO Clients. Any dispute that you may have regarding the conduct of any PROMOGO Client or the quality or characteristics of an Event is between you and the applicable PROMOGO Client.
Reporting and Removal
PROMOGO users may report content to PROMOGO that they think violates these Terms, and PROMOGO may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, PROMOGO has adopted a policy of terminating, in appropriate circumstances and at PROMOGO’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. PROMOGO may also at its sole discretion limit access to the PROMOGO Services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the PROMOGO Services infringes upon any copyright that you own or control, you may file a notification with PROMOGO’ Designated Agent as set forth below:
Designated Agent: PROMOGO Support Team
Address of Designated Agent: 1516 E. Tropicana, #139 Las Vegas, NV 89119
Email Address of Designated Agent: firstname.lastname@example.org
Phone number of Designated Agent: (702) 483-9933
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by PROMOGO or the alleged infringer as the result of PROMOGO relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Any suggestions, comments or other feedback you give us about the PROMOGO Services (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
EXCEPT AS REQUIRED OTHERWISE OF PROMOGO BY APPLICABLE LAW, THE PROMOGO SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING ANY USER CONTENT) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE PROMOGO SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROMOGO SERVICES (INCLUDING ANY USER CONTENT).
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PROMOGO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE PROMOGO SERVICES (INCLUDING THE APP AND ANY USER CONTENT), EVENTS, ANY PROMOGO CLIENT’S CONDUCT, AND/OR THIRD PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF PROMOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF PROMOGO AND ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS TO YOU WILL NOT EXCEED USD$100.00.
PROMOGO provides the PROMOGO Services to allow PROMOGO Clients and PROMOGO Talent to connect in an easy and efficient way. Except as expressly provided in these Terms, PROMOGO and the PROMOGO Client(s) do not intend to take liability with respect to your use of the PROMOGO Services. AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST PROMOGO AND ITS DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “PROMOGO PARTIES”) AND THE PROMOGO Client(S) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PROMOGO SERVICES INCLUDING, WITHOUT LIMITATION, IN THE CASE OF THE PROMOGO PARTIES, ANY ACTIONS OR INACTION OF THE PROMOGO Client(S). YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the PROMOGO Services or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your PROMOGO account.
Third Party Software and Links
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third party software.
Changes To The Services
PROMOGO reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the PROMOGO Services and/or any features, information, materials or content on the PROMOGO Services with or without providing notice to you. PROMOGO will not be liable to you or any third party for any changes or discontinuance of the PROMOGO Services or any part of the PROMOGO Services.
Consent to Electronic Communications
By using the PROMOGO Services, you agree that we may communicate with you electronically regarding your use of the PROMOGO Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at email@example.com.
Suspension and Termination
PROMOGO may suspend or terminate your rights to access or use the PROMOGO Services (including the App) for any reason or for no reason at all and with or without notice at PROMOGO’ discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension. Termination of access to the PROMOGO Services will not release either party from any obligations incurred prior to the termination and PROMOGO may retain and continue to use for its own internal purposes any information previously provided by you.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PROMOGO AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PROMOGO.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the PROMOGO Services, you and PROMOGO agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the ARBITRATION in Las Vegas, NEVADA. Both you and PROMOGO both give up the right to litigate disputes and may not proceed to arbitration without first trying meditation, but you and PROMOGO are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and PROMOGO will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of ARBITRATION before a single arbitrator in Las Vegas, NEVADA. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitrator determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the PROMOGO Services.
Enforcement of these Terms is solely at PROMOGO’S discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the PROMOGO Services, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at firstname.lastname@example.org or send a letter to:
Silicon Vegas LLC, dba PROMOGO
Silicon Vegas LLC, dba PROMOGO
1516 E Tropicana Ave., Suite 139
Las Vegas, NV 89119
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users 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 S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice Regarding Apple
Apple, Inc. and Other Third Party Beneficiaries. You acknowledge and agree that Apple, Inc. (“Apple”) and its subsidiaries are third party beneficiaries of these Terms and further that (a) upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party; (b) these Terms are between you and PROMOGO only, and not Apple; (c) PROMOGO, and not Apple, is solely responsible for the App and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the App; and PROMOGO, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty; (f) in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.