Terms of Service

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

Last Updated: January 29, 2018

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

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

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

Any and all payment processing services through or in connection with your use of the Shindig Platform ("Payment Services") are provided to you by one or more Shindig Payments entities (individually and collectively, as appropriate, "Shindig Payments") as set out in the Payments Terms of Service ("Payments Terms").

Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some cities may require a license to guide tours or to sail. Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Shindig, you should always seek legal guidance.


1. Scope of Shindig Services

1.1 The Shindig 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 “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Shindig Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.

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

1.3 While we may help facilitate the resolution of disputes, Shindig has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host 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. Shindig does not endorse any Member, Listing or Host 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 Shindig 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 stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, 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 Shindig of any Host or Listing.

1.4 If you choose to use the Shindig Platform as a Host or Co-Host (as defined below), your relationship with Shindig is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Shindig 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 Shindig.

1.5 To promote the Shindig Platform and to increase the exposure of Listings to potential Guests, 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. Shindig cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Shindig 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 noninfringement.

1.6 The Shindig 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. Shindig 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 Shindig of such Third-Party Services.

1.7 Due to the nature of the Internet, Shindig cannot guarantee the continuous and uninterrupted availability and accessibility of the Shindig Platform. Shindig may restrict the availability of the Shindig 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 Shindig Platform. Shindig may improve, enhance and modify the Shindig Platform and introduce new Shindig Services from time to time.


2. Eligibility, Using the Shindig Platform, Member Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Shindig Platform or register an Shindig Account. By accessing or using the Shindig Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 Shindig may make the access to and use of the Shindig Platform, or certain areas or features of the Shindig 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 booking and cancellation history.

2.4 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).

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

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Shindig Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. Some areas of the Shindig Platform implement Spotify services, including Spotify API(s). Your use of Spotify is subject to the Spotify Additional Terms of Service.


3. Modification of these Terms

Shindig 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 Shindig Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Shindig Platform will constitute acceptance of the revised Terms.


4. Account Registration

4.1 You must register an account ("Shindig Account") to access and use certain features of the Shindig Platform, such as publishing or booking a Listing. If you are registering an Shindig Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an Shindig Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Shindig Account and your SNS Account at any time, by accessing the "Settings" section of the Shindig Platform.

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

4.4 You may not register more than one (1) Shindig Guest Account unless Shindig authorizes you to do so. You may not assign or otherwise transfer your Shindig Guest Account to another party. Multiple Members may have access to and manage an Artist or Host account.

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

4.6 Shindig may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Shindig Account. For example, we may allow Members associated with an Enterprise (as defined in our Privacy Policy) to book for other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Shindig to ask for your credentials, and you shall not request the credentials of another Member.


5. Content

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

5.2 The Shindig Platform, Shindig Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Shindig Platform and Shindig Content, including all associated intellectual property rights, are the exclusive property of Shindig 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 Shindig Platform, Shindig Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Shindig used on or in connection with the Shindig Platform and Shindig Content are trademarks or registered trademarks of Shindig in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Shindig Platform, Shindig 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 Shindig 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 Shindig or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Shindig grants you a limited, non-exclusive, non-sublicensable, 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 Shindig 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 Shindig Platform, you grant to Shindig 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 Shindig Platform, in any media or platform. Unless you provide specific consent, Shindig 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 Shindig may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Shindig.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Shindig Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Shindig Account is terminated or suspended for any reason. You acknowledge and agree that Shindig shall have the right to use any Verified Images in 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 Shindig is not the exclusive owner of Verified Images, by using such Verified Images on or through the Shindig Platform, you grant to Shindig 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. Shindig in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Shindig 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 Shindig 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 Shindig Platform or you have all rights, licenses, consents and releases that are necessary to grant to Shindig 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 Shindig's use of the Member Content (or any portion thereof) 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; (v) promotes illegal or harmful activities or substances; or (vi) violates Shindig’s Content Policy or any other Shindig policy. Shindig may, without prior notice, remove or disable access to any Member Content that Shindig finds to be in violation of these Terms or Shindig’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Shindig, its Members, third parties, or property.

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


6. Service Fee

6.1 Shindig may charge fees to Hosts ("Host Fees"), Artists ("Artist Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Shindig Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Shindig reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.

6.3 You are responsible for paying any Service Fees that you owe to Shindig. The applicable Service Fees are due and payable and collected by Shindig Payments pursuant to the Payments Terms. Except as otherwise provided on the Shindig Platform, Service Fees are non-refundable.


7. Terms specific for Hosts

7.1.1 When creating a Listing through the Shindig Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age or electrical restrictions) and (iii) provide any other pertinent information requested by Shindig. 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 settling the Split for your Listing (“Listing Fee”). Once an Artist requests a booking of your Listing, you may not request that the Artist pays a higher price than in the booking request. You may not request that any Guests pay entry into your Listing if they are on your Event's Guestlist.

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 cancellation policy of no less than 2 hours prior to an Event start time. Once confirmed, Events must adhere to policies chosen in the Event confirmation.

7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Shindig 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 Shindig Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.

7.1.6 When you accept or have pre-approved a booking request by an Artist or Guest, you are entering into a legally binding agreement with the Artist or Guest and are required to provide your Host Service(s) to the Artist or Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.

7.1.7 Shindig recommends that Hosts obtain appropriate insurance for their Host 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 Artists and Guests (and the individuals the Guest or Artists has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.

7.2.1 You may only list one Accommodation per Listing.

7.2.2 You may not choose to require a security deposit for your Accommodation. Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Shindig Platform. Shindig will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Shindig is not responsible for administering or accepting any claims by Hosts related to Security Deposits.

7.2.3 You represent and warrant that any Listing you post and the booking of, or an Artist or Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).

7.3.1 To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to Shindig. To be considered for publishing on the Shindig Platform, Experiences, Events or other Host Services must at all times meet the quality standards for Experiences and meet Guest demand. Shindig reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Host Service will be published on the Shindig Platform.

7.3.2 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Artists and Guests about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).

7.3.3 If you wish to list an Experience or Event on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience or Event you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience or Event does not create a commercial fundraising or co-venturer, or charitable trust relationship with Shindig and Shindig is not a professional fundraiser or commercial participator. Nonprofits, and not Shindig, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Guests or Artists charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience or Event.

7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.

7.3.5 You must provide an Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by Shindig.

7.4.1 Shindig may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms and the Payments Terms. Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Shindig. Shindig reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.

7.4.2 Hosts and Co-Hosts may agree on a fee (“Co-Host Services Fee”) in consideration for the Co-Host Services provided by the Co-Host. When such an agreement is made, the Host agrees to pay the Co-Host Services Fee for any confirmed booking of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable Host Fee. In addition, Hosts may instruct a Co-Host to provide certain one-time services in relation to their Listing. Hosts can pay Co-Hosts for one-time services and any other expenses using the Resolution Center. Shindig Payments will process Co-Host Services Fees and Resolution Center payments pursuant to the Payments Terms.

7.4.3 Hosts and Co-Hosts agree that each activity, booking, or other transaction reported on the Shindig Platform, including any Co-Host Services provided by the Co-Host and any amounts due from a Host to the Co-Host for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and Shindig, within 21 days of posting of the disputed activity, booking or other transaction on the Shindig Platform.

7.4.4 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the Shindig Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.

7.4.5 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that Shindig (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s). In addition, Host agrees to pay Co-Host for all Co-Host Services completed prior to Co-Host’s termination within 14 days of Co-Host’s termination via the Resolution Center. A Co-Host will not be entitled to any fees for any Co-Host Services that have not been completed prior to the Co-Host’s termination.


8. Terms specific for Guests

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host or Shindig, you can add your name on any government-issued ID and your name on your Guest Account to an Experience or Event available on the Shindig Platform by following the respective process. All applicable fees, including the Membership Fee, Listing Fee (if applicable), Guest 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 Membership and Event attendance requested in connection with your Shindig Account.

8.1.2 Upon receipt of Guestlist confirmation from Shindig, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.

8.1.3 If you join the Guestlist of a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

8.2.1 You understand that a confirmed Guestlist spot of an Accommodation (“Spot”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing, Experience, Event or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.

8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to join the Guestlist of to ensure you (and any additional guests you are booking or joining for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing, Experience, or Event. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.

8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Shindig Platform.


9. Terms specific for Artists

9.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the Shindig Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest 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 Shindig Account.

9.1.2 Upon receipt of a booking confirmation from Shindig, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.

9.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

9.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

9.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.

9.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.

9.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

9.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Shindig Platform.


10. Booking Modifications, Cancellations and Refunds

10.1 Hosts and Artists are responsible for any modifications to a booking that they make via the Shindig Platform or direct Shindig customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

10.2 Artists and Hosts can cancel a confirmed booking at any time subject to the cancellation policy.

10.3 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests or Artists, Hosts may cancel a Host Service and Artists may cancel a booking.

10.4 In certain circumstances, Shindig may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Shindig's Extenuating Circumstances Policy or (i) where Shindig believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Shindig, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.


11. Ratings and Reviews

11.1 Within a certain timeframe after an Experience or Event date, Guests, Artists, and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Shindig. Ratings and Reviews are not verified by Shindig for accuracy and may be incorrect or misleading.

11.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Shindig’s Content Policy and Extortion Policy.

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


12. Damage to Accommodations, Disputes between Members

12.1 As a Guest or Artist, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) 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 Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

12.2 If a Host claims and provides evidence that you as a Guest or Artist have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through of which Shindig will play no part. Shindig also reserves the right to otherwise collect payment from you and pursue any remedies available to Shindig in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.

12.3 Members agree to cooperate with and assist Shindig in good faith, and to provide Shindig with such information and take such actions as may be reasonably requested by Shindig, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Shindig Host Guarantee), Experiences, or Co-Host agreements. A Member shall, upon Shindig's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Shindig or a third party selected by Shindig or its insurer, with respect to losses for which a Member is requesting payment from Shindig (including but not limited to payments under the Shindig Host Guarantee).

12.4 If you are a Guest, Artist or a Co-Host, you understand and agree that Shindig may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Shindig under the Shindig Host Guarantee). You agree to cooperate with and assist Shindig in good faith, and to provide Shindig with such information as may be reasonably requested by Shindig, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Shindig may reasonably request to assist Shindig in accomplishing the foregoing.


13. Rounding off, Currency conversion

13.1 Shindig may, in its sole discretion, round up or round down amounts that are payable from or to Guests, Artists or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, Shindig will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, Shindig may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, Shindig may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.

13.2 The Shindig Platform facilitates bookings between Guests, Artists and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Shindig Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location.


14. Taxes

14.1 As a Host 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").


15. Prohibited Activities

15.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Shindig Platform. In connection with your use of the Shindig Platform, you will not and will not assist or enable others to:

15.2 You acknowledge that Shindig has no obligation to monitor the access to or use of the Shindig 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 Shindig 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 Shindig in good faith, and to provide Shindig with such information and take such actions as may be reasonably requested by Shindig with respect to any investigation undertaken by Shindig or a representative of Shindig regarding the use or abuse of the Shindig Platform.

15.3 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 Shindig by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.


16. Disclaimers

If you choose to use the Shindig Platform or Collective Content, you do so voluntarily and at your sole risk. The Shindig 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 Shindig Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Shindig 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 some Experiences, Events or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host 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 Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Shindig from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host 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.


17. 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 Shindig Platform and Collective Content, your publishing or booking of any Listing via the Shindig Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither Shindig nor any other party involved in creating, producing, or delivering the Shindig 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 Shindig 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 Shindig Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Shindig 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. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the Shindig Host Guarantee, in no event will Shindig’s aggregate liability arising out of or in connection with these Terms and your use of the Shindig Platform including, but not limited to, from your publishing or booking of any Listings via the Shindig Platform, or from the use of or inability to use the Shindig Platform or Collective Content and in connection with any Accommodation, Experiences, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Shindig Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Shindig to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Shindig and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Shindig’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.


18. Indemnification

You agree to release, defend (at Shindig’s option), indemnify, and hold Shindig and its affiliates and subsidiaries, and 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 Shindig Platform or any Shindig Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host 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) Shindig’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.


19. General Provisions

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

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

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

19.4 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.

19.5 Shindig’s 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.

19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Shindig's prior written consent. Shindig may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.

19.7 If you have any questions about these Terms, you are welcome to email us at contact@shindig.fun