Terms of Service

Last revised 1st November 2008

Thank you for your interest in gigzee! These Terms of Service set forth the conditions and terms under which users may access and use our services. To become a gigzee member and take advantage of our services, you must read and accept all of the conditions and terms set forth herein and in the gigzee Privacy Policy. Any inconsistency between these Terms of Service and the Privacy policy is unintentional and the Terms and Conditions shall control. If you do do not agree to be bound by the conditions and terms herein, you may not use or access gigzee services offered by this website. It is your responsibility to read these Terms and Conditions before using this service. BY USING THIS SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. Please contact us at terms@gigzee.com with any questions regarding this agreement.

Acceptance of Terms

Gigzee, LLC ("gigzee") provides a collection of online resources, including applications on Facebook®, Bebo, hi5, Myspace, Orkut, Slide, and other social networking platforms; widgets designed for embedding on any website, advertising, email services and links to third party sites (referred to hereafter as "the Service"), available at the URL, gigzee.com (the "Site"), that are subject to the following Terms of Service ("Terms"). By using the Site or the Service in any way, you agree to comply with these Terms as well as any applicable posted guidelines for those Services, which may change from time to time. Please report any violation of these Terms to terms@gigzee.com.

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with gigzee in any way, your only recourse is to immediately discontinue use of the Site and the Service. gigzee will not be held liable for any loss or damage for non-compliance with the Terms of Service or any additional gigzee guidelines.

These Terms may be updated or modified by gigzee at any time without prior notice. You understand and agree that you are responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms here. Your use of any of the Service denotes your acceptance of any such modified terms.

You understand and agree that unless expressly stated, gigzee in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements, ratings, comments and reviews.

Registration

In order to use this website, you must be at least eighteen years old. If you are under eighteen, you may use the Service only with the consent of your parent or guardian.

Although registration is not required to use the Service or gain access to the entire Site, if you decide to register, you must complete the gigzee registration process. If you choose to register, you must submit a valid e-mail address and select a password during the registration process. You are responsible for maintaining the confidentiality of your username and password, and all authorized and unauthorized use of your account. You are fully responsible for all activities that occur under your password or account, and any misuse of your account in violation of this agreement or the Privacy Policy may result in the termination of your account. You agree to notify gigzee immediately of any unauthorized use of your account by email to terms@gigzee.com.

gigzee reserves the right, in its sole discretion, to refuse the Service or access to the Site to any user, or to delete accounts created by users, for any reason whatsoever.

Registration is required to place a listing through our Service or to use other functions that require the Service to recognize a user (e.g., gigzee). If you decide to register or sign up for certain Services, you will need to give us certain Personally Identifiable Information, such as a valid e-mail address and zip code. You will also have the option to provide other Personally Identifiable Information such as your address and phone number. This Personally Identifiable Information will be used to personalize and improve your experience with our service. You agree that all information provided by you to gigzee is true, accurate, valid, current and complete. For more information on our use of Personally Identifiable Information, please see our Privacy Policy.

Registered users may choose to receive mailings from us regarding our Service or the Site. You may opt-out of receiving future mailings as part of the registration process or at any time thereafter.

You can review and change your Personally Identifiable Information or password at any time by going to the "My gigzee" page after logging in.

Content

You understand that all postings, listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that gigzee does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of gigzee. gigzee makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will gigzee be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.

You are also fully responsible for any Content you post on the Service or the Site and for the consequences of any such Content. You understand and agree that any uploading or posting will be at your sole risk and gigzee shall not be responsible to you in any way. Further, gigzee does not provide any warranty as to your use of third-party content or software that you obtain from the Site. You acknowledge that gigzee does not pre-screen or approve Content, but that gigzee shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of these Terms or for any other reason.

Any Content created using the Service shall be owned by gigzee. For example, all copyrights in listings, reviews, ratings, rankings, charts, blogs, newsletters, broadcasts, XML, and RSS shall be owned by gigzee and licensed to you and other users of the Service pursuant to the terms hereof. The compilation of content comprising the Service and the Site are the exclusive property of gigzee and protected by U.S. and international copyright laws.

In order to provide you and your events with the most exposure possible, gigzee reserves the right to post your events or profile information on other third party event management web sites and web services.

You agree that by posting Content on the Service, you automatically grant, and you represent and warrant that you have the right to grant, to gigzee an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that gigzee, in its sole discretion, may delete any Content for any reason.

Deletion of your account will not remove your Content, and will not terminate any Content licenses granted to gigzee prior to deletion of your account.

gigzee Communications

In the course of providing you Service, gigzee will from time to time communicate with you via email provided by you at the time of registration. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Service, including but not limited to notifications about artists, venues and events you have expressed interest in. gigzee will use the email address you provide to register your account, to verify your authority to use certain features of our Site and the Service, to deliver certain Service and notices based on the email settings you have selected, or to improve and tailor the content and general administration of our Site and Service.

Beta Releases Of All Or Portions Of The Service

The Service or portions of the Service may be labeled 'Beta.' All disclaimers and limitations of liability set forth herein apply to any Service or portion of the Service labeled 'Beta.' Further, you specifically agree that you understand that any Service or portion of the Service labeled 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability herein, you specifically agree that gigzee is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any Service or portion of the Service labeled 'Beta'.

Third Party Content and Information

The Service contains content that is provided for your convenience and enjoyment. Third parties provide some of the content on the Service. You should be aware that content on the Service might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the content may be subject to terms and conditions which may be found on the websites, documents or policies of third parties. gigzee makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content on the Service and will not be liable for any lack of the foregoing.

In addition, third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with others found on or through the Service including, without limitation, the payment and delivery of products and services, the delivery of videos, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant advertiser. You agree that gigzee will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Site or the Service. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. In the event of an issue arising between you and the third party users uploading content, gigzee will not act as arbitrator for resolution of any conflict.

Descriptions of, or references to, products, services or publications within the Site do not imply endorsement of that product, service or publication.

User Conduct

As a condition to your use of this web site and the Service, you agree not to:
  • Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  • Cover or obscure the banner advertisements on your personal profile page, or any of the Service's web pages via HTML/CSS or any other means;
  • Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes upon another's rights, including any intellectual property rights (including but not limited to, copyrights, patents, trademarks, or trade secrets);
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Reverse engineer, decompile or disassemble any of the software used to provide this web site or the Service;
  • Interfere with or disrupt this web site or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Obtain, collect, store or modify the personal information about other users, to harrass or stalk any user or member of the Site in any way;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Site or download data from the Site for competitive or commercial purposes. gigzee reserves the right to block automated programs that do not comply with these restrictions; or
  • Take events from the Service and reformat and display them, or mirror gigzee results on a competitive or commercial web site. If you want to make competitive or commercial use of gigzee, you must enter into an agreement with gigzee to do so in advance. Please contact us for more information at terms@gigzee.com

As a user of the Service, you are accountable for maintaining the accuracy and confidentiality of your password and account. All actions that occur under your account, with or without your knowledge, are your own responsibility.

gigzee reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. gigzee may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that gigzee has no obligation to pre-screen or monitor your access to or use of this web site or the Service or any information, materials or other content provided or made available through this web site, but has the right to do so for the purpose of operating this web site and the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that gigzee may, in the exercise of gigzee' sole discretion, remove or delete any postings, information, materials or other content that violates these Terms or that is otherwise objectionable;

No Spam Policy

You understand and agree that sending unsolicited email advertisements to gigzee email addresses or through gigzee computer systems, which is expressly prohibited by these Terms, will use or cause to be used gigzee servers. Any unauthorized use of gigzee computer systems, including its servers, is a violation of these Terms and federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Ownership

All rights, titles and interests in and to the Site and the Service are and will remain the exclusive property of gigzee and its licensors. "Gigzee, LLC" and gigzee logos, icons and other marks identifying gigzee services or products are trademarks of gigzee and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy, reproduce, distribute, or create derivative works of the Service or the Site without gigzee' express written authorization. All rights not expressly granted in these Terms are reserved to gigzee.

gigzee respects the intellectual property rights of others and expects users of the Site and the Service to do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at infringe@gigzee.com. Filing a notice of infringement with gigzee requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. To file a notice of copyright infringement with gigzee, please provide our copyright agent with the following written information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to enable gigzee to locate the material; (d)your full name, email address, postal address and a telephone number on which you can be contacted; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the work or right that is allegedly infringed.

Once Proper Bona Fide Infringement Notification is received by us, it is gigzee's policy:
  • to remove or disable access to the infringing material;
  • to notify the Content provider, member or user that it has removed or disabled access to the material; and
  • that for repeat offenders, gigzee will also terminate such Content provider's, member's or user's access to the service.

If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice.

Dealings with third party organizations or individuals

gigzee shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that gigzee is not responsible for any damage or loss incurred as a result of any such dealings. gigzee is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release gigzee, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

You agree to waive any civil code, statute, regulation, or other law of your state of residence and/or use which asserts that a general release from liabilitydoes not extend to claims which the userdoes not know or suspect to exist in his or her favor at the time of assenting to the release.

Limitation & Termination of Service

You acknowledge that gigzee may establish limits concerning use of the Service. You agree that gigzee has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. gigzee reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that gigzee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that gigzee in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if gigzee believes that you have acted inconsistently with these Terms. Further, you agree that gigzee shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination. On termination you must destroy all materials and associated documentation obtained from the Site and all copies of such materials.

Privacy & Information Disclosure

gigzee has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy can be found here. Your use of the Site or the Service signifies acknowledgment of, and agreement to, our Privacy Policy.

You further acknowledge that gigzee may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of gigzee, its users or the general public.

Maintenance

There will be occasions when the Site will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that gigzee shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site. gigzee is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. gigzee, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER gigzee, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES gigzee ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ANY DOWNLOADS OR INFORMATION OBTAINED THROUGH THE gigzee SERVICE ARE DONE AT YOUR OWN DISCRETION AND IS NOT THE RESPONSIBILITY OF gigzee. DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AS A RESULT OF SUCH DOWNLOADS OR INFORMATION OBTAINED THROUGH THE gigzee SERVICE ARE THE SOLE RESPONSIBILITY OF THE USER.

Limitations on Liability

IN NO EVENT SHALL gigzee, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF gigzee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, gigzee SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF gigzee TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO gigzee, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN gigzee AND YOU.

gigzee shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond gigzee' reasonable control.

Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD gigzee (INCLUDING ITS SUCCESSORS, SUBSIDIARIES, AGENTS, AFFILIATES, PARTNERS AND LICENSORS) HARMLESS FROM AND AGAINST ANY LOSS, CLAIM, COST, DAMAGES, LIABILITY, AND/OR OTHER EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST gigzee ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.

gigzee's failure to act with respect to a breach by you does not waive gigzee's right to act with respect to subsequent or similar breaches.

Intellectual Propery

To notify gigzee of infringing or unlawful content, please provide gigzee with the following information:
  • Your name, address, telephone number and e-mail address;
  • A description of the exact location on the website of the infringing or unlawful content;
  • A description of the claimed infringing or unlawful content, specifying which parts you belief infringe or are unlawful and which parts you believe should be removed;
  • In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
  • In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
  • A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damages by the content.

gigzee takes such notices very seriously. We will evaluate the provide notice and if appropriate based on our sole discretion, remove the content or disable access to the content. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. We encourage you to see the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.

gigzee may be notifed of claims of intellectual property infringement through the contract information below.

Governing Law

These Terms are governed in all respects by the laws of the State of Washington, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Seattle, Washington and you consent to the exclusive jurisdiction of such courts.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Assignment

You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall endure to the benefit of and be binding upon each party's successors and assigns.

General Information

These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. gigzee reserves the right to amend and/or vary these Terms and Conditions from time to time in its entire discretion. These Terms and Conditions and all representations, obligations, undertakings and warranties contained in it shall endure for the benefit of any successor and assignees of gigzee.

If you have questions or concerns about this User Agreement, please contact gigzee at:

Gigzee, LLC,
2300 Elliot Ave, #109
Seattle, WA 98121
terms@gigzee.com