Festiivize’s User Agreement( All Users)

Last Updated: 09-03-2025

 

By creating an account on Festiivize, you agree to the following terms and conditions. Please read this agreement carefully before proceeding.

1. Introduction

This Agreement governs your use of the Festiivize platform, whether you are an Event Host or a Vendor/Freelancer. By registering for an account, you agree to be bound by this Agreement, our Terms of Service, and our Privacy Policy.If you do not agree to these terms, you may not use Festiivize.

2. General Terms (Applies to All Users)

These terms apply to all users of Festiivize, including Event Hosts and Vendors/Freelancers.

2.1 Acceptance of Terms

By using Festiivize, you agree to:

• This User and Vendor/Freelancer Agreement.
• Our Terms of Service (available at [Link to Terms of Service]).
• Our Privacy Policy (available at [Link to Privacy Policy]).

2.2 Age Restrictions

• You must be at least 18 years of age to use Festiivize. By registering, you confirm that you meet this age requirement.

2.3 User Responsibilities

By using Festiivize, you agree to:

• Provide accurate and truthful information during registration and when creating Gigs or Orders.
• Treat all users with respect and professionalism. Harassment, discrimination, or hate speech will not be tolerated.
• Comply with all applicable laws and regulations, including tax and licensing requirements.
• Refrain from posting illegal, fraudulent, or harmful content.

2.4 Currency and Fees

• Accepted Currencies: Festiivize accepts payments in Canadian Dollars (CAD). The currency used for a transaction will depend on the location of the buyer and seller, as well as the payment method selected.

• Service Fees: Festiivize charges a 5% service fee on each transaction. This fee is deducted from the total payment before funds are released to the vendor/freelancer.

• Taxes: Taxes may vary by buyer location and are the responsibility of the buyer. Festiivize is not responsible for calculating, collecting, or remitting taxes on behalf of users. Please consult your local tax authority for guidance on applicable taxes.

 

2.5 Content Moderation & Liability

Festiivize is protected under Section 230 of the Communications Decency Act (CDA), which:

1. Protects Platforms from Liability: Festiivize is not liable for user-generated content posted by vendors, event organizers, or other users.
2. Allows Content Moderation: Festiivize reserves the right to remove, filter, or restrict content that violates our policies (e.g., spam, hate speech, illegal activity).

 

**Key Points:

• Festiivize is not responsible for false, misleading, or inappropriate content posted by users.
• We will actively remove harmful or illegal content to maintain a safe and trustworthy platform.
• Festiivize is responsible only for content it creates (e.g., advertisements, official communications).

 

For full details on Section 230, please visit: Section 230 Details.

2.6 Dispute Resolution

Any disputes arising out of or related to this Agreement or your use of Festiivize shall be resolved as follows:

1. For Canadian Users: Any disputes shall be resolved exclusively in the courts of the Province of Ontario, Canada.
2. For U.S. Users: Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Ontario, Canada, unless otherwise agreed by the parties.
3. For Users in Other Jurisdictions: Any disputes shall be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC) or another recognized arbitration body, as applicable.

 

By using Festiivize, you agree to submit to the jurisdiction of the courts of Ontario, Canada, or to binding arbitration as outlined above, as applicable.

2.7 Legal Jurisdiction and Governing Law

 

This Agreement is governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein. If you are a user based in the United States, this Agreement is also governed by the laws of the state in which you reside, to the extent required by applicable law. For users in other jurisdictions, this Agreement is governed by the laws of your country or region, as applicable.

 

3. Vendor/Freelancer Terms (Applies Only to Vendors/Freelancers)

 

These terms apply only to vendors/freelancers who offer services on Festiivize.

3.1 Independent Contractor Status

By using Festiivize as a vendor/freelancer, you acknowledge that you are an independent contractor, not an employee of Festiivize. You are responsible for your own taxes, insurance, and compliance with laws.

3.2 Payment Terms

• Service Fees: Festiivize charges a 5% service fee on each transaction. This fee is deducted from the total payment before funds are released.
• Escrow System: Payments are held in escrow until the order is completed. Funds are released to you upon completion.

3.3 Delivery and Completion of Services

• You must deliver services as described in your Gig and within the agreed-upon timeline.
• Failure to deliver services may result in cancellation of the order and withholding of payment.

3.4 Intellectual Property Rights

• You retain ownership of your work until payment is completed, at which point ownership transfers to the Event Organizer.
• You grant Festiivize a non-exclusive license to use your work for promotional purposes.

4. Changes to This Agreement

Festiivize reserves the right to update or modify this Agreement at any time. We will notify you of any changes by posting the updated Agreement on our Platform. Your continued use of Festiivize after such changes constitutes acceptance of the updated Agreement.

5. Contact Us

If you have any questions or concerns about this Agreement, please contact us at (support@festiivize.com).