EngageTM is a web based platform with the purpose of digitizing the process of booking Talent and Events. We require that you create an account to use or access certain parts of EngageTM Services and use certain products and features. We require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the EngageTM Services, you agree to (a) provide EngageTM with true, accurate, current and complete information as prompted by Engage'sTM registration forms, when registering for or using EngageTM Services, and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
As a condition of submitting any Content or other materials to EngageTM, you agree that:
EngageTM does not endorse and is not responsible or liable for any Content, data, products, goods or services available or unavailable from, or through, any Talent, General User or any representative or agent thereof. EngageTM is not responsible for the content or results of any event or engagement between Talent and General Users. EngageTM is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any use of the EngageTM Services or any engagement or event between any Talent and General User. Any dealings with any Talent or General User, and any other terms, conditions, representations or warranties associated with such dealings, are between the General User and the Talent exclusively and do not involve EngageTM. Each Talent and General User should make whatever investigation or other resource inquiry that you deem necessary or appropriate before hiring, engaging with, or meeting with, any General User or Talent. EngageTM does not guarantee the identity of any Talent or General User. Any transaction is made under the auspices of buyer beware. Talent understand that EngageTM will use various means, including social media and other methods, to advertise the Talent’s presence on EngageTM and availability for engagements and events. By signing up with EngageTM, Talent grant EngageTM the right to market the Talent through various channels, including, but not limited to, online and offline marketing, and to communicate with them via physical and digital means. So long as Talent is registered on the EngageTM Services, each Talent grants EngageTM a license to use the Talent’s name and EngageTM information for such marketing purposes.
All dates, times, prices, offerings, events and locations offered are at the Talent’s discretion and are subject to change at any time by the Talent. EngageTM does not guarantee any service being offered by any Talent. EngageTM does not guarantee any level of visibility/click through rates on the EngageTM Services via search unless individuals separately enter into a marketing/promotion agreement with EngageTM for such priority visibility. Talent understand and agree to keep their EngageTM offerings updated to maximize and optimize bookings to the best of their ability, and proactively promote their offerings in collaboration with EngageTM to secure engagements/sales. EngageTM does not guarantee any level of revenue generation.
You agree that EngageTM will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided by Talent. EngageTM does not make any representations or warranties as to the security of any information exchanged between Talent and General users. You agree that EngageTM is not responsible for the accessibility or unavailability of any Talent or for the interactions and dealings between Talent and General users. Talent and consumers agree to indemnify and defend Engage LLC. Talent and General users each waive the right to bring or assert any claim against EngageTM relating to any interactions or dealings between them other than for payment of fees, and release EngageTM from any and all liability for or relating to any interactions or dealings between them other than the repayment of booking fees. Without limiting the foregoing, your correspondence or business dealings with Talent and General users or participation in engagements or events therewith through the use of EngageTM Services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the Talent and General user.
ENGAGETM DOES NOT CONDUCT ANY BACKGROUND INVESTIGATION OR OTHER CHECK OF TALENT OR GENERAL USERS. ENGAGETM ONLY PROVIDES THE FORUM ALLOWING TALENT AND GENERAL USERS TO CONNECT. AS ENGAGETM IS SOLELY A FACILITATOR, EACH TALENT AND GENERAL USER AGREES THAT ENGAGETM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS OR ENGAGEMENTS OR EVENTS BETWEEN THE TALENT AND GENERAL USER OR AS THE RESULT OF THE PRESENCE OF TALENT OR GENERAL USERS ON ENGAGETM. BY UTILIZING THE ENGAGETM SERVICES AND PARTAKING IN AN ENGAGEMENT OR EVENT, TALENT AND GENERAL USERS ACKNOWLEDGE AND AGREE THAT THEY ARE MEETING EACH OTHER AT THEIR OWN RISK AND ENGAGETM SHALL HAVE NO LIABILITY RELATING TO (AND HERBY WAIVE ANY CLAIM OR CAUSE OF ACTION RELATED TO) ANY CONDUCT, ACTIVITY OR RESULT OF ANY INTERACTION AND MEETING OF THE TALENT AND GENERAL USER, INCLUDING, WITHOUT LIMITATION, THE COMMISSION OF ANY TORT OR OTHER CONDUCT OF THE TALENT AND/OR GENERAL USER.
Third parties and other service providers may link or otherwise direct Internet users to the EngageTM site for the purpose of utilizing one or more of the EngageTM Services. Additionally, EngageTM may provide links or otherwise direct you to third party or service provider websites. EngageTM does not control or operate any such third party or service provider websites. Any information you provide to these third party or service provider websites while on these third party or service provider websites is subject to the respective policies of those third parties or service providers, and not Engage'sTM policies. It is your responsibility to review such third party or service provider policies, including any relevant privacy policies. You agree that EngageTM will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. EngageTM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or service provider sites. You use these third party or service provider websites at your own risk.
You agree that EngageTM is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against EngageTM relating to any interactions or dealings with any service provider, and release EngageTM from any and all liability for or relating to any interactions or dealings with service providers. Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or service providers found on or through the use of EngageTM Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that EngageTM shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or service providers on EngageTM.
EngageTM may terminate your privilege to use or access EngageTM Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using EngageTM Services and agree not to access or make use of, or attempt to use, EngageTM Services. Furthermore, you acknowledge that EngageTM reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access EngageTM Services. You understand that EngageTM may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to EngageTM.
Engage, and other Engage Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Engage in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Content and material made available on Engage Services is protected by copyright law. Aside from Consumer or Talent submitted Content, all other materials and other information on Engage Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Engage and/or its licensors and are protected by all United States and international copyright laws.
Engage Copyright Policy
The content and photos on Engage are user generated content and as such Engage responds to copyright complaints submitted under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.
Engage will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our media hosting services. Note that not all unauthorized uses of copyrighted materials are infringements as it may fall under fair use.
Am I a copyright holder? How do I know?
If you are unsure whether you hold rights to a particular work, please consult an attorney or another adviser as Engage cannot provide legal advice. There are plenty of resources to learn more about copyright law including http://copyright.gov, https://lumendatabase.org/, and http://www.eff.org/issues/bloggers/legal/liability/IP, to name a few.
What to consider before submitting a copyright complaint
Before submitting a copyright complaint to us, please consider whether or not the use could be considered fair use.
If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user. You can contact the user through our platform by sending a request with a note attached.
Prior to submitting a formal complaint with Engage, please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
What information do you need to process a copyright complaint?
To submit a notice of claimed copyright infringement, you will need to provide us with the following information: 1. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf; 2. Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon); 3. Identification of the infringing material and information reasonably sufficient to permit Twitter to locate the material on our website or services; 4. Your contact information, including your address, telephone number, and an email address; 5. A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
How do I file a copyright complaint?
You can report alleged copyright infringement by contacting email@example.com.
Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, we will take action on your request - which includes forwarding a full copy of your notice (including your name, address, phone and email address) to the user(s) who posted the allegedly infringing material in question.
If you are concerned about your contact information being forwarded, you may wish to use an agent to report for you.
Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a copyright complaint.
How are claims processed?
We process copyright complaints in the order in which they are received. Once you've submitted your ticket, we will email you a ticket confirmation. If you do not receive a ticket confirmation that means we did not receive your complaint and you should re-submit your complaint. However, please note, submitting duplicate copyright complaints will result in a delay in processing.
If we decide to remove or disable access to the material, we will notify the affected user(s) and provide them with a full copy of the reporter’s complaint (including the provided contact information) along with instructions on how to file a counter-notice.
What information gets forwarded to the reported user(s)?
If we remove or disable access to the materials reported in a copyright complaint, the reported user(s) will receive a copy of the complaint, including the reporter’s full name, email, street address, and any other information included in the complaint.
If you are uncomfortable sharing your contact information with the reported user(s), you may wish to consider appointing an agent to submit your DMCA notice on your behalf. Your agent will be required to submit the DMCA notice with valid contact information, and identify you as the content owner that they are representing.
What happens next?
Engage’s response to copyright complaints may include the removal or restriction of access to allegedly infringing material. If we remove or restrict access to user content in response to a copyright complaint, Engage will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, including a full copy of the complaint, along with instructions for filing a counter-notice.
If you’ve not yet received a copy of the copyright complaint regarding the content removed from your account, please respond to the support ticket we sent you.
Filing a copyright complaint or counter-notice is serious business!Please think twice before submitting a claim or counter-notice, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.
Providing Engage with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at info@LetsEngage.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
EngageTM Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. EngageTM is not responsible for any delays, failures or other damage resulting from such problems.
EngageTM appreciates hearing from you, as well as our other users, and welcomes your comments regarding our EngageTM Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our EngageTM Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of EngageTM. In addition, none of the Submissions will be subject to any obligations of confidentiality and EngageTM will not be liable for any future use or disclosure of such Submissions.
You acknowledge that EngageTM has no control over, and no duty to take any action regarding: what effects the content on or in connection with EngageTM Services may have on you; how you may interpret or use the content on or in connection with engagements or events you have or attend as a result of using the EngageTM Services; or what actions you may take as a result of having been exposed to the content on or in connection with EngageTM Services. You release EngageTM from all liability for you having acquired or not acquired content or information through EngageTM Services or through engagements or events you have or attend as a result of using the EngageTM Services. EngageTM makes no representations concerning any engagements or events arranged through EngageTM Services, and EngageTM will not be responsible or liable for the accuracy, legality or decency of any engagement or event content. EngageTM makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of any such information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE ENGAGETM SERVICES AT YOUR OWN RISK. ENGAGETM SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ENGAGETM NOR ITS AFFILIATES, EMPLOYEES, AGENTS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH ENGAGETM SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ENGAGETM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT ENGAGETM SERVICES. IN NO EVENT WILL ENGAGETM OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF TALENT, GENERAL USERS OR OTHER USERS. IN NO EVENT WILL ENGAGETM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF ENGAGETM SERVICES.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ENGAGETM DOES NOT REPRESENT OR WARRANT THAT (I) THE ENGAGETM SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ENGAGETM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ENGAGETM SERVICES OR ANY ENGAGEMENT OR EVENT OCCASIONED THEREBY WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH ENGAGETM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE ENGAGETM SERVICES WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE ENGAGETM SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ENGAGE'STM LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ENGAGETM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ENGAGETM SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ENGAGETM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
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