Terms of Service

Last updated: September 20, 2020

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Attractr Platform, you agree to comply with and be bound by these Terms of Service.

Please note: Section 18 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Attractr Members. If you reside in the United States, this provision applies to all disputes with Attractr. If you reside outside of the United States, this provision applies to any action you bring against Attractr in the United States. It affects how disputes with Attractr are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully. Thanks for using Attractr!

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Attractr (as defined below) governing your access to and use of the Attractr website, including any subdomains thereof, and any other websites through which Attractr makes the Attractr Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Attractr Services"). The Site, Application and Attractr Services together are hereinafter collectively referred to as the “Attractr Platform”. Our other Policies applicable to your use of the Attractr Platform are incorporated by reference into this Agreement.

When these Terms mention “Attractr,” “we,” “us,” or “our,” it refers to the Attractr company you are contracting with.

Our collection and use of personal information in connection with your access to and use of the Attractr Platform is described in our Privacy Policy.

Performers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Live Performance Services (as defined below).

Table of Contents

  • Scope of Attractr Services
  • Eligibility, Using the Attractr Platform, Member Verification
  • Modification of these Terms
  • Account Registration
  • Content
  • Service Fees
  • Terms specific for Attractres
  • Terms specific for Clients
  • Booking Modifications, Cancellations and Refunds, Resolution Center
  • Ratings and Reviews
  • Taxes
  • Prohibited Activities
  • Term and Termination, Suspension and other Measures
  • Disclaimers
  • Liability
  • Indemnification
  • Dispute Resolution
  • Feedback

1. Scope of Attractr Services

1.1 The Attractr Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Performers” and the services they offer are “Live Performance Services”) to publish such Live Performance Services on the Attractr Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Live Performance Services (Members using Live Performance Services are “Clients”). Live Performance Services may include the offering of Online Live Shows and Experiences for Client use ("Live Performance Experience").

1.2 As the provider of the Attractr Platform, Attractr Inc. does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Live Performance Services. Performers alone are responsible for their Listings and Live Performance Services. When Members make or accept a booking, they are entering into a contract directly with each other. Attractr Inc.is not and does not become a party to or other participant in any contractual relationship between Members, nor is Attractr Inc. an insurer. Attractr Inc. is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms.

1.3 While we may help facilitate the resolution of disputes, Attractr Inc. has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Live Performance Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Attractr Inc. does not endorse any Member, Listing or Live Performance Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Attractr Inc. about any 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 when deciding whether to train privately or publicly, or use other Live Performance Services, accept a booking request from a Client, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Attractr Inc. of any Attractr Performers or Listing.

1.3 While we may help facilitate the resolution of disputes, Attractr Inc. has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Live Performance Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Attractr Inc. does not endorse any Member, Listing or Live Performance Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Attractr Inc. about any 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 when deciding whether to train privately or publicly, or use other Live Performance Services, accept a booking request from a Client, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Attractr Inc. of any Attractr Performers or Listing.

1.3 While we may help facilitate the resolution of disputes, Attractr Inc. has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Live Performance Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Attractr Inc. does not endorse any Member, Listing or Live Performance Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Attractr Inc. about any 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 when deciding whether to train privately or publicly, or use other Live Performance Services, accept a booking request from a Client, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Attractr Inc. of any Attractr Performers or Listing.

1.4 If you choose to use the Attractr Platform as a Performer your relationship with Attractr Inc. is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Attractr Inc. for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Attractr Inc. Attractr Inc. does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Live Performance Services. You acknowledge and agree that you have complete discretion whether to list Live Performance Services or otherwise engage in other business or employment activities.

1.5 To promote the Attractr Platform and to increase the exposure of Listings to potential Clients, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Attractr Inc. cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Attractr Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

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

1.7 Due to the nature of the Internet, Attractr Inc. cannot guarantee the continuous and uninterrupted availability and accessibility of the Attractr Platform. Attractr Inc. may restrict the availability of the Attractr Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Attractr Platform. Attractr may improve, enhance and modify the Attractr Platform and introduce new Attractr Services at anytime.

2. Eligibility, Using the Attractr Platform, Member Verification

2.1 In order to access and use the Attractr Platform or register a Attractr Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of Canada and able to enter into legally binding contracts.

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

2.3 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).

2.4 The access to or use of certain areas and features of the Attractr Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Attractr Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Attractr 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 in the latter terms and conditions.

3. Modification of these Terms

Attractr Inc. reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Attractr Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Attractr Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Attractr Account") to access and use certain features of the Attractr Platform, such as publishing or booking a Listing.

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

4.3 You may not register more than one (1) Attractr Account. You may not assign or otherwise transfer your Attractr Account to another party.

4.4 You are responsible for maintaining the confidentiality and security of your Attractr Account credentials and may not disclose your credentials to any third party. You must immediately notify Attractr Inc. 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 Attractr Account. You are liable for any and all activities conducted through your Attractr 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).

5. Content

5.1 Attractr 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 Attractr Platform ("Member Content"); and (ii) access and view Member Content and any content that Attractr Inc. itself makes available on or through the Attractr Platform, including proprietary Attractr content and any content licensed or authorized for use by or through Attractr Inc. from a third party ("Attractr Content" and together with Member Content, "Collective Content").

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

5.3 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 Attractr 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 Attractr or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Attractr Inc. grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Attractr Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Attractr Platform, you grant to Attractr Inc. a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable 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 Attractr Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Attractr Inc. 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.

5.6 Attractr Inc. may offer Performerss the option of having professional photographers take photographs of their Live Performance Services, which are made available by the photographer to Performers to include in their Listings with or without a watermark or tag bearing the words/ wording ("Verified Images"). You are responsible for ensuring that your Live Performance Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Attractr Platform if they no longer accurately represent your Listing, if you stop hosting the Live Performance Service featured, or if your Attractr Account is terminated or suspended for any reason. You acknowledge and agree that Attractr Inc. shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Attractr Inc. is not the exclusive owner of Verified Images, by using such Verified Images on or through the Attractr inc. Platform, you grant to Attractr Inc. an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Attractr Inc. in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Attractr Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the Attractr 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 Attractr Platform or you have all rights, licenses, consents and releases that are necessary to grant to Attractr Inc. the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Attractr Inc. to use of the Member Content (or any portion thereof) as contemplated under these Terms 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.

5.8 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 Attractr Inc Content Policy or any other Attractr Inc.policy. Attractr Inc. may, without prior notice, remove or disable access to any Member Content that Attractr Inc. finds to be in violation of applicable law, these Terms or Attractres then-current Policies or Standards or otherwise may be harmful or objectionable to Attractr Inc., its Members, third parties, or property.

5.9 Attractr Inc. respects copyright law and expects its Members to do the same. If you believe that any content on the Attractr Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy

6. Service Fees

6.1 Attractr Inc. may charge fees to Performers ("Performers Fees") and/or Client ("Client Fees") (collectively, "Service Fees") in consideration for the use of the Attractr Platform. More information about when Service Fees apply and how they are calculated can be found in Service Fees

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Attractr Performers or Client prior to publishing or booking a Listing. Attractr Inc reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 Service Fees will automatically be provided to Attractr Inc upon each transaction between Performers and the Client. The applicable Service Fees (including any applicable Taxes) are collected by Attractr Inc. Attractr Inc. Payments will deduct any Personal Performers Fees from the Listing Fee before remitting the payout to the Performers. Any Client Fees are included in the Total Fees collected by Attractr Inc. Except as otherwise provided on the Attractr Platform, Service Fees are non-refundable.

7. Terms specific for Performers

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Attractr Platform you must (i) provide complete and accurate information about your Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (proficiency or fitness requirements, location, certifications etc.) and (iii) provide any other pertinent information requested by Attractr Inc. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes) for your Listing (“Listing Fee”). Once a Client requests a booking of your Listing, you may not request that the Client pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Live Performance Services. Attractr Inc. reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the Attractr Platform may vary and depend on a variety of factors, such as Client search parameters and preferences, Performers qualifications, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Live Performance Service, and/or ease of booking.

7.1.6 When you accept or have pre-approved a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Live Performance Service(s) to the Client as described in your Listing when the booking request is made.

7.1.7 Attractr requires that the Performers obtain appropriate insurance and Certifications for their Services. Please review any respective 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, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and the individuals the Client has booked for, if applicable) while working working with you.

7.2 Listings

7.2.1 Performers may not list more than one (1) Listing.

8. Terms specific for Clients

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Attractr Inc and/or the Performers, you can book a Listing available on the Attractr Platform by following the respective booking process. All applicable fees, including the Listing Fee, and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Attractr Account.

8.1.2 Upon receipt of a booking confirmation from Attractr Inc., a legally binding agreement is formed between you and your Performers, subject to any additional terms and conditions of the Performers that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Attractr Inc. will collect the Total Fees at the time of the booking request or upon the Performers confirmation.

8.1.3 If you are booking for an additional client who is a minor, you represent if accompanied by an adult (18+) who is responsible for them.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Performers and Clients are responsible for any modifications to a booking that they make via the Attractr Platform or direct Attractr customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, or Client Fees and/or Taxes associated with such Booking Modifications.

9.2 Clients may cancel a confirmed booking up to 24 hours prior to the booking time. If a cancelation of a confirmed booking occurs, Attractr Inc. will refund the amount of Total Fees Payed due to the Client.

9.3 If a Performer cancels a confirmed booking, the Client will receive a full refund of the Total Fees for such booking. In some instances, Attractr Inc, may allow the Client to apply the refund to a new booking, in which case Attractr Inc. will credit the amount against the clients subsequent booking at the clients direction. Further, Attractr Inc. may publish an automated review on the Listing cancelled by the Performers indicating that a booking was cancelled. In addition, Attractr Inc. 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, unless the Performers has a valid reason for cancelling the booking and has had it approved by Attractr Inc.

9.4 In certain circumstances, Attractr Inc may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth where Attractr Inc. believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Attractr Inc, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.5 Except as otherwise set out in these Terms, Members may use the Resolution Center ([email protected]) to send or request money for refunds, additional Live Performance Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Attractr Account, and the Attractr Team will handle all such payments.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Clients and Performers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Attractr. Ratings and Reviews are not verified by Attractr Inc. for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Clients and Performers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Attractr 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.

11. Damage to Venues, Disputes between Members

11.1 As a Performer, you are responsible for leaving the Venue where you perform in the condition it was in when you arrived. 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 Venue, during your rent related to Live Performance Services.

12. Taxes

12.1 As a Performer you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

12.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Performers, or both. If a Performer fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

12.3 If the Performers does not provide a QST/GST number 3 weeks after signing up for the Attractr Platform, the Personal Performers will be deleted from the platform until such a time they can provide the GST/ QST Numbers.

12.4 At monthly intervals Attractr Inc. will email the Personal Performers a monthly Invoice providing a breakdown of the Performers earning and taxes submitted on their behalf.

12.5 The Performers is responsible to file all other taxes on their own to the government including expenses.

13. Prohibited Activities

13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Attractr Platform. In connection with your use of the Attractr 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, or our Terms
  • use the Attractr 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 Attractr endorsement, partnership or otherwise misleads others as to your affiliation with Attractr
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Attractr Platform in any way that is inconsistent with Attractres Privacy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Attractr Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • offer, as a Personal Performers, any Services that you do not have certifications to deliver
  • Take any correspondence off of the platform chat window
  • use the Attractr Platform to request, make or accept a booking independent of the Attractr Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the Attractr 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 Attractr Inc. 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 Attractr Platform or Collective Content, or any individual element within the Attractr Platform, Attractres name, any Attractr Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Attractr Platform, without Attractres express written consent;
  • dilute, tarnish or otherwise harm the Attractr brand in any way, including through unauthorized use of Collective Content, registering and/or using Attractr 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 Attractr 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 Attractr Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Attractr or any of Attractr providers or any other third party to protect the Attractr Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Attractr Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Attractr Platform;
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

13.2 You acknowledge that Attractr Inc. has no obligation to monitor the access to or use of the Attractr 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 Attractr Platform (including without limitation 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 Attractr Inc. in good faith, and to provide Attractr Inc. with such information and take such actions as may be reasonably requested by Attractr Inc. with respect to any investigation undertaken by Attractr Inc. or a representative of Attractr Inc. regarding the use or abuse of the Attractr Platform.

13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Attractr 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).

14. Term and Termination, Suspension and other Measures

14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Attractr Inc. terminate the Agreement in accordance with this provision.

14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Attractr Account as a Performer, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your Attractr Account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

14.3 Without limiting our rights specified below, Attractr Inc. may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

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

14.5 In addition, Attractr Inc. 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, the Payment Terms or Standards and Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Attractr Account registration, Listing process or thereafter, (iv) you and/or your Listings or Live Performance Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Attractr Inc. 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) Attractr Inc. believes in good faith that such action is reasonably necessary to protect the personal safety or property of Attractr Inc., its Members, or third parties, or to prevent fraud or other illegal activity:

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

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Attractr Inc. and an opportunity to resolve the issue to Attractres reasonable satisfaction.

14.6 If we take any of the measures described above (i) we may refund your Clients 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.

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

14.8 Sections 5 and 17 to 23 of these Terms shall survive any termination or expiration of this Agreement.

15. Disclaimers

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

You agree that you have had whatever opportunity you deem necessary to investigate the Attractr Inc. Services, laws, rules, or regulations that may be applicable to your Listings and/or Live Performance Services you are receiving and that you are not relying upon any statement of law or fact made by Attractr Inc. relating to a Listing.

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.

You agree that Live Performance Services, or Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Live Performance Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Live Performance Services. You assume full responsibility for the choices you make before, during and after your participation in a Live Performance Service or Payment Services. If you are bringing a minor, you are solely responsible for the supervision of that minor throughout the duration of your Live Performance Service and to the maximum extent permitted by law, you agree to release and hold harmless Attractr Inc. from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Live Performance Service or in any way related to your Live Performance 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.

16. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Attractr Platform and Collective Content, your publishing or booking of any Listing via the Attractr Platform, your stay at any Accommodation, participation in any Live Performance Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Attractr nor any other party involved in creating, producing, or delivering the Attractr 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 Attractr 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 Attractr Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Live Performance Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Attractr Inc. 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.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Attractres option), indemnify, and hold Attractr and its affiliates and subsidiaries, including but not limited to, , their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Attractr Platform or any Attractr Services, (iii) your interaction with any Member, or Live Performance Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Attractres Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

18. Disputes

18.1 Jury Trial Waiver. You and Attractr Inc. acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

18.2 No Class Actions or Representative Proceedings. You and Attractr Inc. acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Attractr Inc. both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 18.2 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 18.2 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Attractr Inc. agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

19. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Attractr Platform (“Feedback“). You may submit Feedback by emailing us, through the contact section of the Attractr Platform, 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.

20. General Provisions

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

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

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

20.4 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.

20.5 Attractres 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.

20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Attractres prior written consent. Attractr Inc. 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.

20.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Attractr Inc.via email.

20.8 If you have any questions about these Terms please email us at [email protected].