Terms of Service

Please carefully review the arbitration agreement and class action waiver outlined in Section 23 of these Terms, as they are applicable to all claims made against OpenMicz in the United States.

The following are the original Terms of Service for OpenMicz, an enforceable legal agreement between you and Invincible Concepts, LLC. ("OpenMicz," "we," "us," or "our"), dictating your entitlement to utilize the websites, applications, and additional services provided by OpenMicz (referred to collectively as the "OpenMicz Platform").

The OpenMicz Platform offers an online platform that enables users (“Users”) to publish, offer, search for, create, organize, and book services. Hosts offer performance or event spaces (“Spaces”), and a variety of entertainment, educational, or other services such as workshop events (collectively, “Host Services”, and each Host Service offering, a “Listing”). Users who publish listings of their space or offer host services are “Hosts”. Users who book space, use host services, create and coordinate events are either “Performers” or “Producers”, depending on their subscription.

In order to access and utilize the various features of the OpenMicz Platform, it is necessary to register an account, and maintaining accurate account information is your responsibility. It is important to emphasize that OpenMicz, as the platform provider, does not exercise ownership, control, or management over Listings or Host Services. It is crucial to understand that OpenMicz is not a party to the contractual agreements directly established between Hosts and Performers, Hosts and Producers, or Performers and Producers. Additionally, OpenMicz does not operate as a real estate broker, travel agency, or insurer. By accepting these terms, you explicitly recognize that OpenMicz does not act as an agent for any User, except as explicitly specified in the Payments Terms of Service. Further details about OpenMicz's role can be found in Section 16.

In addition to these Terms, we have established supplementary terms and policies, such as our Privacy Policy, which delineates our practices regarding the collection and utilization of personal data. Additionally, our Payments Terms govern any payment services provided to Users by the entities collectively known as "OpenMicz Payments."

If you assume the role of a Host, it is incumbent upon you to comprehend and adhere to all applicable laws, rules, regulations, and contractual agreements with third parties associated with your Host Services.

Our mission is to create a world where performance talent–at every skill level and type–is given a chance to be nurtured and developed to its potential. From comedians to musicians, magicians to puppeteers, browse through hundreds of local listings to find performance spaces right in your own neighborhood, hosted by the businesses that surround you every day. Learn more about an event space listing by reviewing the description and photos, the Host profile, and all the events and performances booked there!

Explore Host Services by utilizing criteria such as the type of space, show, location, availability, and the number of Performers. Enhance your search results further by applying filters.
The results are curated based on their relevance to your search, taking into account factors like price, availability, customer reviews, customer service and cancellation history, popularity, past events, and saved Listings. Additionally, relevance is influenced by Host requirements, such as minimum or maximum time, and other pertinent considerations.

Upon booking a Listing, you commit to covering all expenses related to your reservation, encompassing the Listing price, applicable fees such as OpenMicz's Service Fees, and any additional items specified during checkout (collectively referred to as the "Total Price").
Furthermore, you acknowledge that OpenMicz, through OpenMicz Payments, reserves the right to charge the Payment Method (as defined in the Payment Terms of Service) utilized for booking the Listing to facilitate the collection of Damage Claim amounts (as defined in Section 15). Upon confirmation of the booking, a contractual agreement for Host Services (referred to as a "Booking") is established directly between you and the Host.
In conjunction with these Terms, you are obligated to adhere to and comply with all the terms outlined in the Booking, which includes, but is not limited to, the cancellation policy and any other rules, policies, or requirements stipulated in the Listing or during checkout applicable to the Booking. It is your responsibility to thoroughly review and comprehend these rules, policies, and requirements prior to finalizing a Listing reservation.

A Space Booking grants a limited license entitling you to access, occupy, and utilize the area designated in the listing as the Space. The Host, along with the Host's customers, employees, and associates, maintains the right to utilize and share the Space during your event, provided that it is reasonable, and aligned with these terms. Should you extend your event beyond the reserved time specified in the Booking, the Host has the prerogative to request your departure in accordance with the rules, policies and requirements specified in the listing, or if unspecified, then in accordance with the Host’s general rules for the Space or Host Service, or any applicable law, potentially involving the imposition of reasonable penalties for overstaying.

A Workshop or any other Host Service Booking provides you with the privilege to engage in, attend, or utilize the specified Host Service. It is your responsibility to ensure that you satisfy any minimum age, proficiency, fitness, or other prerequisites associated with the Host Service. Moreover, you are accountable for notifying the Host of any medical or physical conditions, or other circumstances that might affect your ability to participate, attend, or use the Host Service.

Typically, when a Producer initiates a cancellation for a Space booking, or is deemed responsible for a cancellation under this Policy, fees will be imposed, with a minimum cancellation fee of $10.00 USD. The fee is calculated based on the booking amount and the timing of the cancellation:

• If the booking is cancelled 48 hours or less before the event’s start time, or after the event has started, the fee is 50% of the booking amount.
• If the booking is cancelled anytime between 48 hours and 30 days before the event’s start time, the fee is 25% of the booking amount.
• If the booking is cancelled more than 30 days before the event’s start time, the fee is 10% of the booking amount.

When determining cancellation fees, the booking amount encompasses the total amount transacted in the Space booking. If the calculated cancellation fee falls below $10.00 USD, it will be adjusted to meet the minimum of $10.00 USD. Cancellation fees are typically deducted from monies collected at the time of the Space booking transaction, following the guidelines outlined in the Payments Terms of Service. Beyond the fees and repercussions outlined in this Policy, Producers who cancel or are held responsible for a cancellation will forfeit the cancellation fee for the cancelled booking.
While it is understood that the above cancellation policy applies only to Host Services, a cancellation for an Event is governed by the applicable Event Cancellation Policy. Moreover, there are specific scenarios where alternative policies prevail, dictating the refundable amount. Should an unforeseen circumstance beyond your control compel you to cancel a Booking, you might qualify for a partial or full refund in accordance with our Extenuating Circumstances Policy. In the event of a Host-initiated cancellation, you could be eligible for rebooking assistance or a partial or full refund as outlined in the Rebooking and Refund Policy.

Producers and Hosts assume responsibility for any modifications to bookings that they agree upon independently, outside the OpenMicz Platform or via direct OpenMicz customer service assistance ("Booking Modifications''). They further agree to cover any additional amounts, fees, or taxes linked to such Booking Modifications.

You bear responsibility and accountability for your own actions, mistakes, and oversights. Additionally, you are liable for the actions, errors, and omissions of anyone you invite to join or grant access to any Space, Event Lineup, or other Host Service. This encompasses responsibilities such as ensuring the Space (and associated personal property) is left in its original condition, covering reasonable Damage Claim amounts for any harm caused by you or, in the capacity of a Producer, your Performers, and conducting yourself with integrity, showing respect to others, and adhering to applicable laws consistently. In the event a performer is booked who is a minor or when bringing a minor to a Host Service, you must possess legal authorization to act on behalf of the minor, and you bear sole responsibility for the supervision and welfare of that minor at all times.

You recognize that numerous activities inherently involve risks and hereby agree that, to the fullest extent allowed by applicable law, you willingly accept the entire risk associated with your utilization of the OpenMicz Platform and any Content (as defined in Section 10). This encompasses your use of any Space, involvement in Events or Workshops, utilization of other Host Services, or any interactions with fellow Users, whether in-person or online. Consequently, it is your responsibility to conduct thorough investigations into Host Services to ascertain their suitability for you. For instance, Host Services may pose risks such as illness, bodily injury, disability, or even death, and you consciously and voluntarily assume these risks by opting to engage in such Host Services.

Platform for the purpose of sharing your Space or other Host Services with our dynamic community of Performers and Producers, allowing you to generate income through this endeavor. The process of creating a Listing is straightforward, placing you in command of various hosting aspects, including setting the price, determining availability, and establishing rules for each individual Listing.

Upon accepting a booking request or receiving a booking confirmation via the OpenMicz Platform, you are engaging in a direct contractual agreement with the Producer. In this capacity, you bear the responsibility of delivering your Host Service in accordance with the terms and pricing specified in your Listing. Simultaneously, you commit to remitting applicable fees, such as OpenMicz's Service Fees, for each booking. OpenMicz Payments will deduct the amounts owed from your payout, unless an alternative arrangement is mutually agreed upon.

Any terms, policies, or conditions stipulated in supplemental contracts with Performers must align with these Terms and the information presented in your Listing. Furthermore, such terms must be conspicuously disclosed within your Listing description.

Your association with OpenMicz characterizes an independent affiliation as an individual or entity, distinctly separate from an employee, agent, joint venturer, or partner of OpenMicz. Notably, OpenMicz Payments assumes the role of a payment collection agent, in accordance with the delineated provisions in the Payments Terms of Service. It is expressly stated that OpenMicz does not exercise direction or control over your Host Service. You acknowledge and agree that you retain full discretion regarding the provision of Host Services, including the choice of whether and when to offer them, as well as determining the pricing and terms associated with such offerings.

The OpenMicz Platform offers user-friendly tools designed to facilitate the establishment and management of your Listing. It is imperative that your Listing provides comprehensive and precise details about your Host Service, including pricing, additional charges, and any applicable rules or requirements for your Producers or Listing. You bear the responsibility of ensuring that your Listing information, including availability, and content such as photos, remains current and accurate at all times. We strongly advise obtaining suitable insurance coverage for your Host Services and recommend a thorough review of policy terms and conditions, including coverage details and exclusions. While you are limited to maintaining a single Listing per Space, the allowance for multiple Listings is granted for a single property with multiple spaces designated for host services.

It is incumbent upon you to comprehend and adhere to all pertinent laws, regulations, rules, and contractual agreements with third parties that pertain to your Listing or provision of Host Services. Certain municipalities may impose zoning restrictions or other regulations that limit the short-term rental of commercial spaces. Specific jurisdictions may necessitate Hosts to undergo registration, obtain a noise permit, or secure a license before engaging in designated Host Services, such as short-term rentals, food preparation, alcohol sales, or adult-themed events. Additionally, there may exist instances where certain Host Services may be entirely prohibited in specific locations. Any information we provide regarding legal requirements is intended solely for informational purposes, and it is your responsibility to independently verify your legal obligations. Furthermore, you bear the responsibility for handling and utilizing personal data of Producers, Performers, and others in accordance with pertinent privacy laws and the stipulations outlined in these Terms, including our Privacy Policy. In the event of queries concerning the application of local laws, it is advised to seek legal counsel.

The positioning of Listings in search results on the OpenMicz Platform is influenced by several key factors, which encompass:

• Host, Performer or Producer search parameters (e.g. number of Performers, lineup space availability, time, type (e.g. music, comedy, etc...), duration of the event, price range),
• Listing characteristics (e.g. price, lineup and calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Performer popularity),
• Producer booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
• Host requirements (e.g. minimum or maximum time, event booking experience, etc...), and
• Performer or Producer preferences (e.g. previous events, saved Listings, location from where the Performer or Producer is searching).

Search results may appear different when our website is accessed on a mobile or tablet device than they appear on a laptop or desktop. OpenMicz may allow Hosts, Performers and Producers to promote their Listings, Profiles, or Events in search or elsewhere on the OpenMicz Platform by paying an additional fee.

You assume responsibility and accountability for your own actions, mistakes, and oversights. Additionally, you are liable for the actions, errors, and omissions of anyone you permit to partake in delivering your Host Services. The setting of your price and the establishment of rules and requirements for your Listing fall under your responsibility. It is essential to describe all fees and charges in your Listing description, and you are prohibited from collecting any additional fees or charges outside the OpenMicz Platform, except those expressly authorized by our Offline Fees Policy. Encouraging Performers to create third-party accounts, submit reviews, or engage in other actions outside the OpenMicz Platform that violate our Off-Platform Policy is strongly discouraged.

If you collaborate with a co-host or operate as part of a team, business, or organization while providing Host Services, the entity and each participating individual are collectively responsible and liable as Hosts under these Terms. When accepting terms or entering into contracts, you affirm that you possess the authority to contractually bind your team, business, or organization. Furthermore, you assert that each entity used is in good standing under the laws of its establishment. If you undertake additional responsibilities, you warrant that you are authorized to perform those tasks. In the event you instruct OpenMicz to transfer a portion of your payout to a co-host or other Hosts or to initiate payments to someone else, you must have the proper authorization, and you bear responsibility and liability for the accuracy of payout information and payment amounts provided.

You recognize that hosting involves inherent risks and explicitly accept responsibility for the entire risk associated with your use of the OpenMicz Platform, provision of Host Services, or any interactions with other Users, whether in person or online. You affirm that you have had the chance to thoroughly examine the OpenMicz Platform, as well as any pertinent laws, rules, regulations, or obligations related to your Listings or Host Services. Additionally, you acknowledge that you are not relying on any legal statements made by OpenMicz.

Generally, if a Producer cancels a Booking, the amount you receive is determined by the applicable cancellation policy. As a Host, cancelling on a Producer without a valid reason under our Extenuating Circumstances Policy or applicable law is discouraged. Unjustified cancellations may result in Host Cancellation Fees. In cases of Event Issues, Extenuating Circumstances, or cancellations under Section 13 of these Terms, your payout will be reduced by the refunded amount and any reasonable costs incurred by OpenMicz. If a Producer receives a refund after your payout or if the refund and OpenMicz's costs exceed your payout, OpenMicz may recover the excess from you, potentially offsetting it against your future payouts. You acknowledge that OpenMicz's Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms take precedence over the cancellation policy you set when they allow for cancellations or refunds. If a refund is anticipated under these policies, the release of any payout may be delayed until a refund decision is made. If you host an Event, be aware that specific policies and cancellation fees apply, as outlined in the Event Cancellation Policy.

Hosts and Producers are accountable for any changes to bookings they mutually agree upon through the OpenMicz Platform or instruct OpenMicz customer service to make on their behalf. Additionally, they commit to covering any extra amounts, fees, or taxes linked with such booking modifications.

As a host, it is solely your responsibility to identify and meet your obligations under relevant laws related to reporting, collecting, remitting, or incorporating in your price any indirect taxes, tourist taxes, income taxes, or other applicable taxes ("Taxes").

In jurisdictions where OpenMicz facilitates the collection and/or remittance of Taxes on behalf of Hosts, you explicitly instruct and authorize OpenMicz to undertake the collection and/or remittance of Taxes to the relevant Tax authority on your behalf. The Taxes collected and/or remitted by OpenMicz will be meticulously identified on Users' transaction records, as applicable. In instances where the collected and/or remitted Taxes are perceived as insufficient to fully discharge a User's tax obligations, OpenMicz expressly reserves the right to pursue additional amounts from Users, including the possible deduction of such amounts from future payouts. Your exclusive recourse for Taxes collected by OpenMicz is confined to pursuing a refund from the pertinent Tax authority. It is duly acknowledged and agreed that OpenMicz maintains the right, with antecedent notice to affected Users, to discontinue the collection and remittance of Taxes in any jurisdiction for any reason.

In specific jurisdictions, Tax regulations may necessitate the collection and/or reporting of Tax information concerning you, or the withholding of Taxes from payouts to you, or both. In the event that you fail to furnish documentation deemed sufficient by us to comply with any obligation to withhold Taxes from your payouts, we reserve the right to withhold payouts up to the legally mandated amount until such adequate documentation is provided. It is understood and agreed that OpenMicz is authorized to issue invoices or analogous documentation for VAT, GST, consumption, or other Taxes related to your Host Services on your behalf. This is done to facilitate precise tax reporting by you, our Performers, and/or their respective organizations.

Following each Host Service, Performers, Producers, and Hosts may have the chance to provide reviews of each other. It is imperative that your Review is accurate and devoid of any discriminatory, offensive, defamatory, or other language that contravenes our Content Policy or Review Policy. It is important to note that Reviews are not validated by OpenMicz for accuracy and may potentially be erroneous or deceptive. We retain the right to alter or delete the review at any time and for any reason.

Segments of the OpenMicz Platform allow you to contribute feedback, text, photos, audio, video, information, and other materials (collectively, "Content"). By submitting Content, in any format and through any means, you grant OpenMicz a non-exclusive, global, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, create derivative works, distribute, publish, and exploit that Content without limitations. If the Content contains personal information, our Privacy Policy outlines how we handle such information. In cases where OpenMicz funds or facilitates Content creation, OpenMicz may claim ownership, with additional terms disclosed accordingly. You are solely responsible for the Content you provide, warranting ownership or authorization to grant OpenMicz the rights specified in these Terms. You bear responsibility and liability if your Content violates the intellectual property or privacy rights of third parties. Content must adhere to our Content Policy, prohibiting discriminatory, obscene, harassing, deceptive, violent, and illegal content. You acknowledge that OpenMicz may offer translation services or tools for Content and that your Content may undergo translation using such services or tools. OpenMicz does not guarantee translation accuracy, and Users are responsible for confirming the translations' precision.

OpenMicz has the authority to impose charges, including taxes, on Hosts, Producers, and Performers for utilizing the OpenMicz Platform. Detailed information regarding the instances when service fees are applicable and their computation can be found on our Service Fees page. Unless stated otherwise on the OpenMicz Platform, service fees are non-refundable. OpenMicz retains the right to modify service fees at its discretion, with prior notification to Users before the changes take effect. These fee adjustments will not impact reservations made prior to the effective date of the alteration. If you disagree with a fee modification, you have the option to terminate this agreement at any time in accordance with Section 13.2.

You must adhere to these rules and must not assist or induce others to violate or circumvent these rules.

Demonstrate integrity and treat others respectfully:

• Be truthful and avoid misrepresentation, impersonation, or pretending to be someone else.
• Communicate and interact politely and respectfully with others.
• Refrain from discriminatory or harassing behavior.

Refrain from scraping, hacking, reverse engineering, compromising, or impairing the OpenMicz Platform.

• Do not utilize bots, crawlers, or scrapers to collect data or interact with the OpenMicz Platform automatically.
• Avoid hacking, circumventing security measures, or attempting to impair the OpenMicz Platform.
• Do not decipher, decompile, disassemble, or reverse engineer any software or hardware used by the OpenMicz Platform.
• Abstain from actions that could damage or adversely affect the OpenMicz Platform's performance.

Use the OpenMicz Platform responsibly:

• Only use the OpenMicz Platform as authorized by these Terms or another agreement with OpenMicz.
• Utilize another User's personal information only as necessary to facilitate a transaction through the OpenMicz Platform.
• Obtain permission before using Content from the OpenMicz Platform.

Ensure lawful conduct:

• Do not send commercial messages using the OpenMicz Platform or Users' personal information without express consent.
• Use Content from the OpenMicz Platform solely as required for your role as a Producer, Performer or Host.
• Do not request, make, or accept bookings or payments outside the OpenMicz Platform with the intent of avoiding taxes and/or fees.
• Avoid manipulative practices.
• Do not manipulate OpenMicz's search algorithm.

Honor your legal obligations

• Comply with applicable laws, including privacy, data protection, and export laws.
• Should you furnish us with someone else's personal information, you: (i) are required to do so in adherence to relevant laws, (ii) must possess the necessary authorization, and (iii) grant us permission to handle that information in accordance with our Privacy Policy.
• Abide by these Terms, and all of our Policies of OpenMicz.
• Do not organize unauthorized parties or events during your Booking.
• Do not use OpenMicz's name, logo, branding, or trademarks without permission.
• Refrain from using or registering domain names, social media handles, trade names, trademarks, or other identifiers that may be confused with OpenMicz branding.
• Ensure Host Services comply with relevant laws and agreements.
• Do not offer or solicit prostitution or participate in or facilitate human trafficking

In case you perceive an imminent risk of harm to a person or property posed by a User, Listing, or Content, it is imperative to promptly contact local authorities before reaching out to OpenMicz. Moreover, if you suspect a violation by a User, Listing, or Content, please bring your concerns to the attention of OpenMicz. If you have reported the issue to local authorities, OpenMicz may request a copy of the report. It's important to note that, except as mandated by law, we are not under any obligation to take action in response to any report.

Regarding copyright infringements in Content on the OpenMicz Platform, if you believe there is a violation, please notify us following the procedures outlined in our Copyright Policy.

The agreement between you and OpenMicz, as outlined in these Terms, becomes effective upon your access to the OpenMicz Platform (such as creating an account) and remains in force until either party terminates the agreement in accordance with these Terms.

You have the option to terminate this agreement at any time by sending us an email or by deleting your account. OpenMicz reserves the right to terminate this agreement and your account with a 30-day notice via email or using any other contact information provided for your account. OpenMicz also holds the right to terminate this agreement immediately and without notice, ceasing access to the OpenMicz Platform, if you breach these Terms, violate our Policies, violate applicable laws, or if termination is reasonably deemed necessary to protect OpenMicz, its Users, or third parties. In the event of account inactivity exceeding two years, OpenMicz may terminate your account without prior notice.

If you (i) breach these Terms, or Policies, (ii) violate applicable laws, regulations, or third-party rights, or (iii) OpenMicz reasonably believes that it is necessary to protect OpenMicz, its Users, or third parties, OpenMicz may, with or without prior notice:

• suspend or restrict your access to or utilization of the OpenMicz Platform and/or your account;
• suspend or delete Listings, Reviews, or other Content;
• cancel pending or confirmed bookings; or
• suspend or void any unique status linked to your account.

For minor infractions or when deemed suitable at OpenMicz's sole discretion, you will be informed of any proposed action by OpenMicz and given a chance to address the matter. You can contest actions taken by us under this Section by reaching out to customer service. If a Booking is annulled under this Section, the payment made to the Host will be diminished by the amount we reimburse or otherwise offer to the Producer, and by any additional costs incurred as a consequence of the cancellation.

OpenMicz is authorized to implement any measures it deems reasonably necessary to adhere to applicable law or comply with the directive or request of a court, law enforcement, or any other administrative agency or governmental body, including the actions outlined in Section 13.3 above.

In the event that you, as a Host, decide to terminate your OpenMicz account, any confirmed booking(s) will be automatically cancelled, leading to a full refund for your Producers. Similarly, if you terminate your account as a Producer, any confirmed booking(s) will be automatically cancelled, and any refund will be subject to the terms specified in the Booking's cancellation policy. Upon termination of this agreement, you do not have the right to restore your account or any of your Content. Should your access to or use of the OpenMicz Platform be restricted, or your OpenMicz account be suspended, or this agreement be terminated by OpenMicz, you are prohibited from creating a new account, or accessing or using the OpenMicz Platform through another User's account.

Sections 2 through 26 of these Terms, which, by their nature, endure beyond the termination of this agreement, shall continue to survive such termination.

OpenMicz reserves the right to modify these Terms at its discretion. In the event of significant changes to these Terms, OpenMicz will publish the updated Terms on the OpenMicz Platform and modify the "Last Updated" date at the beginning of these Terms. Additionally, OpenMicz will notify you of any substantial modifications via email at least 30 days before the effective date of the changes. If you disagree with the revised Terms, you have the option to terminate this agreement promptly in accordance with the provisions outlined in these Terms. Failure to terminate your agreement before the effective date of the revised Terms constitutes your acceptance of the updated Terms, and you may continue to access or use the OpenMicz Platform accordingly.

In the event that a User presents valid evidence indicating that you, your Producers, or your Producer's Performers have caused damage to the complainant's real or personal property, or to the real or personal property for which the complainant is responsible, including consequential damages ("Damage Claim"), the affected User can inform OpenMicz to seek compensation through OpenMicz Payments. You will be informed of the Damage Claim and provided an opportunity to respond. If you agree to the payment, or if the Damage Claim is elevated to OpenMicz and OpenMicz, at its sole discretion, deems the Damage Claim as valid and holds you responsible, OpenMicz, via OpenMicz Payments, can recover the specified amount from you. You acknowledge that OpenMicz may endeavor to recover from you through any applicable insurance policies you maintain and may also pursue any remedies available under the law. This includes, but is not limited to, involving a collections agency, and/or pursuing available legal actions and/or claims against you. You commit to cooperating in good faith, supplying any information requested by OpenMicz, executing necessary documents, and taking reasonable actions in connection with Damage Claims, User complaints, claims under insurance policies, or other claims arising from your provision or use of Host Services.

We provide you with the privilege to utilize a platform that facilitates Users in publishing, offering, searching for, and booking Host Services. While we strive to ensure positive User experiences on OpenMicz, we lack the ability to control the behavior of Performers, Producers, and Hosts. You recognize that OpenMicz possesses the right, though not an obligation, to oversee the OpenMicz Platform's usage and validate information supplied by our Users. For instance, we may assess, restrict access to, delete, or modify Content to: (i) manage, safeguard, and enhance the OpenMicz Platform (including tasks related to fraud prevention, risk assessment, investigation, and customer support); (ii) guarantee Users' adherence to these Terms; (iii) conform to applicable laws or comply with a court order, law enforcement, administrative agency, or governmental body requirement; (iv) address Content deemed harmful or objectionable; (v) undertake actions as outlined in these Terms; and (vi) uphold and enforce any quality or eligibility standards, including the removal of Listings that fall short of these criteria. Users acknowledge and consent that OpenMicz administers its Legal Terms, and Policies (such as our Extenuating Circumstances Policy) at its sole discretion. Users commit to cooperating and assisting OpenMicz in good faith, providing requested information, and undertaking actions reasonably sought by OpenMicz regarding any investigation concerning the OpenMicz Platform's use or misuse. OpenMicz does not act as an agent for any User, except where OpenMicz Payments serves as a collection agent per the terms outlined in the Payments Terms.

To access and utilize various features of the OpenMicz Platform, it is imperative to register an account. Registration is restricted to legal entities, partnerships, and natural persons aged 18 or older. By registering, you affirm that you are not barred from using the OpenMicz Platform as an individual or entity under the laws of the United States, your place of residence, or any other applicable jurisdiction. It is mandatory to provide precise, current, and comprehensive information during the registration process, ensuring that your account details remain current. Registering multiple accounts for the same membership type (e.g., Host, Performer, Producer) or transferring your account to another individual is prohibited. Safeguarding the confidentiality and security of your account credentials is your responsibility, and you must refrain from disclosing these credentials to any third party. You are accountable for activities conducted through your account and must promptly notify OpenMicz if you suspect any compromise, loss, or theft of your credentials. Permitted by applicable law, OpenMicz retains the right (though not an obligation) to (i) request identification or other information from you, (ii) perform checks to verify your identity or background, (iii) screen your details against third-party databases or other sources, and request reports from service providers, and (iv) obtain reports from public records concerning criminal convictions, sex offender registrations, or their local equivalents.

OpenMicz, including its affiliates and personnel, as well as any other party involved in the creation, production, or delivery of the OpenMicz Platform or any Content, will not be held liable for any incidental, special, exemplary, or consequential damages. This includes but is not limited to lost profits, data loss, goodwill loss, service interruption, computer damage, system failure, or the cost of substitute products or services. Additionally, damages for personal or bodily injury or emotional distress arising out of or in connection with: (i) these Terms, (ii) the use of or inability to use the OpenMicz Platform or any Content, (iii) any communications, interactions, or meetings resulting from your use of the OpenMicz Platform, or (iv) the publishing or booking of a Listing, including the provision or use of Host Services.
Whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, OpenMicz's liability is disclaimed, even if the possibility of such damage has been communicated. This disclaimer applies even if a limited remedy set forth in these Terms is found to have failed its essential purpose.
Except for OpenMicz's obligation to transmit payments to Hosts under these Terms, OpenMicz's aggregate liability for any claim or dispute arising from or related to these Terms, your interaction with any Users, or your use of the OpenMicz Platform, any Content, or any Host Service, will not exceed: (A) for Performers, the amount paid as a Performer in the 12-month period preceding the event giving rise to the liability, (B) for Producers, the amount paid as a Producer in the 12-month period preceding the event giving rise to the liability, (C) for Hosts, the amount paid as a Host in the 12-month period preceding the event giving rise to the liability, or (D) for anyone else, eighty-eight U.S. dollars (US$88).
These limitations on liability and damages constitute fundamental elements of the agreement between you and OpenMicz. If applicable law does not permit the limitations of liability outlined in these Terms, such limitations may not be applicable to you.

To the fullest extent allowed by applicable law, you hereby agree to release, defend (at the option of OpenMicz), indemnify, and hold harmless OpenMicz (including OpenMicz Payments, other affiliates, and their personnel) from and against any claims, liabilities, damages, losses, and expenses. This includes, but is not limited to, reasonable legal and accounting fees, arising directly or indirectly from: (i) your violation of these Terms (including any supplementary or additional terms applicable to a product or feature) and Policies, (ii) your improper use of the OpenMicz Platform, (iii) your interactions with any User, use of any Space, participation in an event, workshop, or any other Host Service. This encompasses any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of such interactions, usage, participation, or use, (iv) your failure, or our failure at your direction, to accurately report, collect, or remit Taxes, or (v) your violation of any laws, regulations, or third-party rights, such as intellectual property or privacy rights.

These Terms shall be construed in accordance with the laws of the State of California and the United States of America, without consideration of conflict-of-law provisions. Judicial proceedings, excluding small claims actions, not covered by the arbitration agreement in Section 22, must be initiated in state or federal court in Los Angeles, California, unless a different location is mutually agreed upon. Both parties, you and us, hereby consent to the venue and personal jurisdiction in Los Angeles, California.

This provision concerning arbitration is applicable solely to individuals whose country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you attempt to initiate any legal claim against OpenMicz in the United States, this Arbitration Agreement will be invoked to decide the initial matter of whether Section 22 is applicable to you. It encompasses all preliminary determinations, such as residency, arbitrability, venue, and the governing law.

OpenMicz is dedicated to engaging in a dispute resolution process that is user-friendly. For individuals covered by this Section 22, these Terms outline a two-step procedure: (1) an informal negotiation directly with OpenMicz's customer service team (outlined in paragraph 22.3 below), and if needed, (2) a binding arbitration facilitated by the American Arbitration Association ("AAA"). Both you and OpenMicz preserve the right to pursue a resolution of the dispute in small claims court as an alternative to arbitration.

At least 30 days before initiating arbitration, both you and OpenMicz commit to notifying the other party in writing about the dispute and making a good-faith effort to reach an informal resolution. You should send your notice of dispute to OpenMicz by mailing it to the following address: 2711 N. Sepulveda Blvd #1047, Manhattan Beach, CA 90266. OpenMicz will send its notice of dispute to the email address linked to your OpenMicz account. A notice of dispute must contain the party's name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, either party may then commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as outlined in the AAA Rules (available at www.adr.org).

Both you and OpenMicz jointly consent that any dispute, claim, or controversy arising from or related to these Terms, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the OpenMicz Platform, Host Services, or any Content (collectively referred to as "Disputes") will be resolved through binding individual arbitration (referred to as the "Arbitration Agreement"). In the event of a disagreement about the enforceability or applicability of this Arbitration Agreement to our Dispute, both you and OpenMicz agree that the arbitrator will make the determination on that issue.

Both you and OpenMicz mutually acknowledge that the following legal actions and/or claims for remedies are excluded from the Arbitration Agreement and will be pursued in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the OpenMicz Platform or Host Services. Both you and OpenMicz agree that the pursuit of public injunctive relief will follow the arbitration of all arbitrable claims, remedies, or causes of action and will be temporarily halted pending the resolution of the arbitration in accordance with section 3 of the Federal Arbitration Act.

This Arbitration Agreement demonstrates a transaction in interstate commerce, and the Federal Arbitration Act oversees all substantive and procedural interpretation and enforcement of this provision. The arbitrator will oversee the arbitration in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules deemed applicable by the AAA (the "AAA Rules") that are currently in effect, except as altered herein. The AAA Rules can be accessed at www.adr.org. To commence arbitration, a fully filled-out written demand (accessible at www.adr.org) must be submitted to the AAA and shared with the opposing party, as outlined in the AAA rules.

To enhance the convenience of the arbitration process for you, OpenMicz consents that any mandatory arbitration hearing can be carried out, as per your preference: (a) in the U.S. county of your residence; (b) in Los Angeles County; (c) via phone or video conference. If the disputed amount is $5,000 or below, the parties concur to proceed exclusively based on the submission of documents to the arbitrator.

The fees for arbitration and your portion of arbitrator compensation will be determined by the AAA Rules. Any party can petition the arbitrator for the award of attorneys’ fees and costs if they can demonstrate that the opposing party has raised a claim, cross-claim, or defense that lacks factual or legal merit, has been made in bad faith, or is intended for harassment, in accordance with applicable law and the AAA Rules.

The arbitrator’s award will encompass the crucial findings and conclusions forming the basis of the decision. This arbitration award can be enforced in any court having appropriate jurisdiction. While the arbitrator can grant any relief permitted by law or the AAA Rules, declaratory or injunctive relief will only be granted on an individual basis and solely to the extent essential for addressing the individual claim of the claimant.

You and OpenMicz acknowledge and consent that both parties are relinquishing the right to a trial by jury with respect to all arbitrable Disputes.

You and OpenMicz acknowledge and consent that, to the maximum extent allowed by law, both parties are foregoing 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 or consolidated proceeding.
Unless mutually agreed upon in writing, the arbitrator is not authorized to consolidate claims from multiple parties or preside over any form of a class or representative proceeding. If a final judicial determination concludes that applicable law prevents the enforcement of the waiver outlined in this paragraph for any claim, cause of action, or requested remedy, then only that specific claim, cause of action, or requested remedy will be separated from this arbitration agreement and pursued in a court of competent jurisdiction. In such a case, the claims, causes of action, or requested remedies not subject to arbitration will be stayed until the arbitrator resolves all arbitrable claims, causes of action, and requested remedies.

Except as outlined in Section 22.11, if any part of this Arbitration Agreement is deemed illegal or unenforceable, that specific provision will be severed, and the remaining portion of the Arbitration Agreement will be enforced to its full extent.

If OpenMicz modifies Section 22 after the date of your last acceptance of these Terms (or acceptance of any subsequent changes to these Terms), you have the option to decline that modification by providing written notice (including through email) within 30 days of the effective date of the change. However, declining a new modification does not nullify or modify your earlier agreement to arbitrate any Dispute between you and OpenMicz (or your previous agreement to any subsequent changes), which will continue to be valid and enforceable for any Dispute between you and OpenMicz.

Unless otherwise stated in Section 22.12 and in accordance with Section 13.6, this Section 22 will persist following the termination of these Terms and will remain in force even if you cease using the OpenMicz Platform or close your OpenMicz account.

Your utilization of the OpenMicz Platform is subject to our Rebooking and Refund Policy, Event Cancellation Policy, Host Cancellation Policy, Privacy Policy, Cookies Policy, Off-Platform Policy, Offline-Fee Policy, Content Policy, Extenuating Circumstances Policy, Reviews Policy, and any other supplementary policies and terms referenced in these Terms. These are integrated by reference and constitute integral components of your agreement with OpenMicz.

Unless augmented by additional terms, conditions, policies, guidelines, standards, or in-product disclosures, these Terms (including those elements incorporated by reference) constitute the comprehensive agreement between OpenMicz and you regarding your access to or use of the OpenMicz Platform. They override any prior oral or written understandings or agreements between OpenMicz and you. These Terms do not confer rights or remedies upon anyone other than you and OpenMicz. In the event that any provision of these Terms is deemed invalid or unenforceable, except as indicated in Section 22.11 above, such provision will be disregarded, and the validity and enforceability of the remaining provisions will not be affected. The term "will" in these Terms denotes an obligation with the same meaning as "shall."

OpenMicz's decision not to enforce any particular right or provision in these Terms does not signify a waiver of that right or provision unless explicitly acknowledged and agreed to by OpenMicz in writing. Unless expressly stated in these Terms, the utilization of any remedy by either party under these Terms will not prejudice its other remedies under these Terms or those otherwise allowed by law.

You are not permitted to assign, transfer, or delegate this agreement or your associated rights and obligations without the prior written consent of OpenMicz. OpenMicz retains the unrestricted right to assign, transfer, or delegate this agreement and any related rights and obligations at its sole discretion, providing 30 days' advance notice.

Unless explicitly stated otherwise, any notices or other communications permitted or required under this agreement for Users will be delivered electronically. OpenMicz will issue these communications through email, OpenMicz Platform notifications, messaging services (including SMS and WhatsApp), or any other contact method that is enabled and provided by you.

The OpenMicz Platform might include links to third-party websites, applications, services, or resources ("Third-Party Services") that are governed by distinct terms and privacy practices. OpenMicz bears no responsibility or liability for any aspect of such Third-Party Services, and the inclusion of links to them does not constitute an endorsement.

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

Certain translations on the OpenMicz Platform utilize Google's translation services. Google explicitly disclaims all warranties associated with these translations, whether express or implied, including but not limited to accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement. Additionally, specific sections of the OpenMicz Platform utilize mapping services provided by Google Maps/Earth, including Google Maps API(s), and your utilization of these services is governed by the Google Maps/Google Earth Additional Terms of Service.

Content accessible through the OpenMicz Platform may be safeguarded by copyright, trademark, and/or other laws in the United States and other jurisdictions. You acknowledge that all intellectual property rights related to this Content belong exclusively to OpenMicz and/or its licensors. You agree not to tamper with, modify, or obscure any copyright, trademark, service mark, or other proprietary rights notices. Your usage of any Content obtained through the OpenMicz Platform is restricted; you may not employ, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or exploit such Content unless you are the legal owner of said Content or as explicitly permitted in these Terms. Conditional upon your adherence to these Terms, OpenMicz grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and utilize the Application on your personal device(s); and (ii) access and view the Content provided on or through the OpenMicz Platform and accessible to you, solely for your personal and non-commercial purposes.

OpenMicz will not be held responsible for any delay or inability to carry out its obligations due to factors beyond its reasonable control. Such factors include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, actions by civil or military authorities, fires, floods, accidents, pandemics, epidemics, or diseases, as well as strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

You will be sent administrative communications from us through the email address or contact information provided for your OpenMicz account. Participating in additional email subscription programs will not impact the frequency of these administrative emails, though you may expect to receive extra emails related to the subscribed program(s). Promotional emails may also be sent to you, and while there is no charge for these promotional emails, third-party data rates may apply. You have the ability to manage your receipt of promotional emails by adjusting the notification preferences in your account settings. Keep in mind that disabling certain communication settings or lacking an OpenMicz account may prevent you from taking advantage of specific promotions. In the U.S., if you agree to receive SMS (text messages) from us, you will be bound by our SMS Terms.