Welcome to Gigity.TV. We were founded in 2010 in Chicago, IL, and we are a subsidiary of Catacomb Media, LLC. We operate on the vision that concerts and other forms of entertainment should be available LIVE to a worldwide audience, and that these broadcasts can be monetized and archived for the benefit of the artists, the venues, and other stakeholders.
Gigity.TV is a live streaming platform that offers venues and other independent producers an end-to-end solution for broadcasting, recording, and monetizing their events. Our interactive streaming application keeps fans engaged with social interactions, creates new revenue streams for artists with profit sharing, and presents unique sponsorship opportunities for brands and small businesses.
Gigity.TV uses computers and permanently installed video cameras to automate the production, and we keep it simple so that venue owners only have to spend minutes scheduling a broadcast. Our system then takes over to deliver the streams, archive the footage for video on demand, collect revenue from advertising and Pay Per View (if required), disburse profits directly via PayPal, and create an environment where fans energize the broadcasts with live chatting and viral promotions on the social networks.
The financial terms on each broadcast are made transparent to all parties, and we promise artists that they retain all rights and ownership of their footage, and upon request we will remove any content from the on-demand archives. However, for as long as the artists allow us to feature their performances, we have the right to monetize them for the mutual benefit of the artists, the venues, and Gigity.TV.
References to “us” or “we” are Gigity.TV, and references to “you” are the artist, or artists. In either case, you assert your right to represent the member(s) of the artist profile, and you agree to the responsibility of your account’s maintenance and paying all member(s) their share of the monies Gigity.TV will deposit into your payments account.
Other parties affiliated with a streamed event are broadcasters, which may either be a venue, or an independent producer with the skills and equipment to manage a broadcast, and, there are “contributors”. These are individuals who may contribute to a broadcast using the Gigity.TV live streaming & archiving mobile app. These contributors are volunteering their services and have no expectation of compensation. Finally, there are also regular viewers, and sponsors.
To be clear, you are allowing Gigity.TV, and its broadcasters and contributors, to produce and promote your upcoming broadcasts and archived performances. You also allow us to post, display and distribute your profile, which includes your name and likeness, and various media including text, photographs, comments, images, artwork, and musical works (either in whole, or edited-down) from your Gigity.TV performances.
It will occasionally become necessary for Gigity.TV to change, modify, add, or remove portions of this agreement. If so, all changes will be in keeping with our philosophy of putting artists first, transparency, and adding value to everyone’s experience. All changes will be posted in an announcement on our News Page, so please periodically check there, and this document, for updates. Too, we will assume your continued use of Gigity.TV after the posting of any changes constitutes your acceptance.
Artist License Grant
As stated earlier, artists retain all control and ownership of their live and archived performances, however, in order for us to promote and monetize them, artists grant Gigity.TV a worldwide, perpetual, fully assignable, royalty-free right and license to do the following:
1. Create preview clips and artwork from artist profiles and performances and make them available to Gigity.TV users and the general public.
2. Encode, transcode, compress or convert artist performances into any format, any bit rate, and using any codec now known or later developed.
3. Store artist profiles and performances on one or more servers in order to display and deliver live and archived video & audio on-demand streams.
4. Use, comment and publish, and to permit others to use, comment and publish, the name(s), trademarks, likenesses and biographical materials of all persons included on an artist profile and performances, in connection with Gigity.TV.
5. Edit, archive, monetize, market, reproduce, distribute, publicly perform, stream, display, transfer and host artist profiles and performances to our viewers.
6. Allow attendees of the live audience (and sponsors) who are also affiliated with Gigity.TV to contibute to the live-streamed broadcast with their personal mobile devices. These contributions will be facilitated by the Gigity.TV mobile app, and managed on the Gigity.TV platform.
The rights and licenses described above apply to any media or technology now known or later developed, and at the dicretion of Gigity.TV, they also apply to all types Gigity.TV users.
Revenue Streams for Artists
To understand how revenue streams will flow into the payments accounts of artists, we first need to explain the process in which broadcasts are created and monetized.
Gigity.TV events are created by broadcasters, either a venue with a permanent camera installation, or, a team of independent producers with the expertise to manage a live broadcast. These broadcasters may create and edit the terms of an upcoming or archived event, including adding-in artist profiles. Gigity.TV adminstrators also have these permissions, but artists are asked to contact the venue with their concerns or questions.
Many broadcasts will be made available on a pay per view basis. Broadcasters will set the ticket price and the percentage split of the profits between all of the parties. In this, communication and negotiation between the artists and the broadcaster is encouraged and necessary. By default, Gigity.TV’s set percentage of the profits is 20%, and can be changed only at our discretion.
If an artist agrees to perform an event, and if they already have an artist profile, the broadcaster may assume the artist is also willing to have their performance live streamed and archived. Artists should understand that broadcasters must have the flexibility to create broadcasts and embed artist profiles in an efficient manner, but, broadcasters must respect the rights of the artists to decline to be broadcast, and to negotiate the financial terms. The terms of a broadcast agreement can always be viewed from the accounting page of any party attached to an event.
If an artist does not have a profile, yet they give permission to the broadcaster to have their performance live-streamed, the broadcaster may use the artist’s email address to initalize the artist profile, at which point the artist will receive an email from Gigity.TV with a link giving them access to the profile to edit any details and to change the temporary password. At this point, the artist will be asked to supply their PayPal email, and to review and checkbox this artist agreement.Broadcasters understand that all artists must agree to be broadcast, especially for pay per view, but in some cases, a venue will make free live streaming & archiving “standard operation,” and publically knowable and assumed. In such cases, artists should contact the venue with their questions and concerns. Meanwhile, if an artist was unknowingly streamed, they are welcome to create an artist profile and have it embedded into the archive.
The standard percentage earmarked as payment to Gigity.TV from Pay Per View Ticket sales is 20% of the profits. The profits will be derived after deducting, in most cases, $1 from the ticket price to cover several expenses: PayPal credit card processing per ticket, Pro Licensing (ASCAP, BMI and SESAC), and other expenses including bandwidth, servers and storage. This will be the standard deduction and profit earmarked for Gigity.TV (unless otherwise specified) and will be available for review by all parties attached to the event.
The remaining profits will be divided between the broadcaster, the artists and Gigity.TV according to the percentages set forth in the broadcast agreement. For example, consider an event where the ppv ticket price was $5 and there were 115 buyers, and, where the Broadcaster was set to receive 30% of the profits, Artist A (25%), Artist B (15%), and Artist C (10%).Revenue: 115 @ $5 = $575
After deducting $1 per ticket to cover the fixed expenses, the profit of $460 is divided thusly:
Gigity.TV (20%) = $92
Broadcaster (25%) = $115
Artist A (30%) = $138
Artist B (15%) = $69
Artist C (10%) = $46
After a pay per view event, the broadcaster has the ability to decide for how long after the event the pay wall stays in place. Keeping up the pay wall is to de-incentivise viewers from not buying tickets in anticipation that the archive will soon become free. If a viewer purchases a ppv ticket they will have ongoing access to this archive. Artists attached to the broadcast agreement may login at anytime to both watch and/or download the archived event, for free.
Revenue payments to all parties on a broadcast will go out on the 1st and 15th day of each month, directly, via the PayPal account info provided by the artist. However, pay per view revenue on the live event will be withheld for 5 days to vet and process any refunds, or, to include the artist profile(s) of any previously unaccounted-for or spontaneously-added performers.
Revenue is also generated from selling advertising, which businesses purchase through our sponsorship interface. They upload their commercial for pre-roll and mid-roll placement on both our live and archived broadcasts, and they buy a certain number of impressions for over a certain period of time. These ad rates can vary. The playing of an advertisement generates a certain amount of revenue, measured up to one hundredths of a cent. Profit is determined after Gigity.TV deducts the expenses of bandwidth, storage, and operations. The profit on this revenue is divided at the same percentages set forth in the original broadcast agreement.
This revenue will be accounted for on your payments page according to each broadcast, and will be added to the payments accrued from the pay per view ticket sales. These residuals will pay out over the long term, but an artist must still always initiate their payments.
To initiate payment, first, an artist must “checkbox” this agreement. Second, the artist must assign to their profile a valid email address through which PayPal can contact you for payment. Third, an artist must account for all of the cover songs they performed on a broadcast in order to receive the ppv & ad revenue generated from that event. This entails logging in to your account, visiting your “payments” page, and through our interface inserting the song name, writer(s) and publisher(s) for each cover you performed. To help supply you with this information, we provide a link to the free songfile search engine of the Harry Fox Agency. Also, reporting this information DOES NOT affect your artist payments, rather, it allows the original songwriter(s) to be properly compensated from the fees Gigity.TV is already paying to ASCAP. BMI, and SESAC.
Conditions: 1) If you checkbox an event without providing the requested publisher’s information, in the event of repercussions you assume all liability and hold Gigity.TV, and the venues, harmless. 2) Our accounting system pools your payment from all of broadcasts to which you are attached, so in order to collect ANY money, you must first “checkbox” ALL the events that have earned any revenue (even if it is just a penny).
After the cover songs are “check boxed” and accounted for, and, you initialize payment to yourself, you will be contacted by PayPal to complete the final step of your direct deposit. If you do not already have an account set up with PayPal, you will only have 30 days to complete the requirements of PayPal, otherwise, the revenue you are due returns permanently to Gigity.TV.
Payments are not retroactive. If payments are disbursed before your artist profile was created and/or added-in to an archived broadcast, Gigity.TV provides no recourse, only on future revenue earned, either from pay per view or advertising. If you have a concern, take it to the broadcaster.
Either the broadcaster or a Gigity.TV administrator will re-assign the profit sharing percentages. Also, if a previously unaccounted for artist creates a profile and gets attached to an archived broadcast, the percentages assigned to each artist will change. It will always be at the discretion of the broadcaster or a Gigity.TV administrator to adjust the percentages as necessary, and always, in fairness and in good faith.
If an artist requests that their video be removed from the video on demand archives, their performance will be extracted from the event as soon as reasonably possible. In such cases their share of the profits from the original broadcast agreement will be re-divided proportionally among the remaining artists still attached to the broadcast.
In the event a 3rd party requests to license an artist’s video and/or audio, Gigity.TV may facilitate the licensing of this material. Gigity.TV administrators will notify the artist, make the introduction, help negotiate the terms of the license, and deliver the file to the licensee. The licensee must pay for all additional PRO Licensing fees and premiums, then, the revenue will be divided according to the percentages of the original broadcast agreement, but, where the artist’s payment is the entirety of the percentage of profits earmarked for the group of artists listed on the original broadcast agreement.
However, if an artist is in physical possession of their recording, neither Gigity.TV nor any other party can interfere with the artist licensing it’s property to whomever it pleases, and keeping all of the revenue for themselves. Our hope, however, is that artists will honor the relationship and value the group’s contributions. If you represent a 3rd party interested in the content of an artist featured in our archives, please contact Business Affairs.
The Gigity.TV mobile app allows members of the audience to contribute their perspective to both the live stream and the archives. These users understand that they are volunteering their contributions and that they will not receive financial compensation. This footage also becomes the property of the artists and they have access to both watch and download these clips, and, to request their removal.
Meanwhile, these clips will be monetized with advertising, and profit sharing will follow in the same manner as ads on an archived broadcast. Note: Audience generated clips will be available for viewing and sharing as soon as technically possible, and will be subject to the terms of the broadcast agreement (whether free or pay per view).Gigity.TV administrators reserve the right to access and edit any artist profile if any of the fields are empty, incomplete, or incorrect, i.e., biographical information, Facebook, Twitter, Website, Merchandise links, and picture. The public display of this information is necessary to maintain the level of quality Gigity.TV is committed to providing its users. All parties should complete their profile and keep it up-to-date.
Gigity.TV reserves the right to either withhold payment or create a negative balance for the artist. This may occur for several reasons: 1) Not accounting for covers performed. 2) Refunds issued to viewers after the 5 day waiting period. 3) Suspicion of fraud. 4) Governmental tax issues (reporting and paying taxes on Gigity.TV income is the responsibility of the artist). 5) Other fines, settlements, and penalties. 6) Theft and/or failure to responsibly disburse income to all members of an artist profile. 7) PayPal refund processing fees accrued by Gigity.TV on account of the artist cancelling a broadcast.
The individual performers affiliated with an artist profile will be paid by the person to whom the email address of the artist profile is owned and managed. As the representative to the artist profile to which your email address is assigned, you agree that you will manage the equitable disbursement of all monies to all rightful past, present, and future members of the artist profile, and that you will hold Gigity.TV harmless over any disputes or accounting errors that may arise over your disbursement of all past, present, and future monies.
If the individual performers affiliated with an artist profile break up, or, if one or more performers leave, or are replaced, Gigity.TV will keep the broadcast history of the account active, including the video on demand archiving of all past performances. Unless specifically requested by the artist, the archived material will still be monetized, and payments will still be made to the active PayPal account. Furthermore, it is still the responsibility of the representative(s) of the former artist profile to equitably disburse payments to the former members. To change the email address of the PayPal account attached to your artist payments, proceed to the PayPal field in your account control panel.
Gigity.TV will be the arbitrator of any dispute between an artists and/or a broadcaster, and you trust and agree that our decision will be fair, and final. If evidence of foul play is established, the broadcaster, artist (or any other affiliated party) in question may be penalized and/or banned from Gigity.TV. Furthermore, Gigity.TV reserves the right to enter any broadcast agreement and to supercede the terms set by any other broadcaster, artist, or anyone else.
The time period for this agreement begins on the date it’s "check-boxed" and continues as long as you use Gigity.TV. We can terminate this agreement at any time by sending you a notice of our intention to terminate. Also, termination will not relieve any party from their respective obligations incurred prior to, during or after the term.
If we receive a claim that our distribution of your performances or any other materials provided or authorized by you violates any third party rights or if a claim arises from your breach or alleged breach of the representations, warranties, and covenants made by you herein, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our licensees and affiliates (and their respective directors, officers, contractors and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) concerning any such claim.
Accordingly, you agree to reimburse us and our licensees and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this paragraph. We will use reasonable efforts to promptly notify you of any such claim, and by obtaining, posting and maintaining an adequate bond for our benefit you may assume control of the defense of such claim, provided that we will have the right in all events to participate in the defense thereof.
Additionally, you agree to indemnify, defend, and hold us harmless from and against anything including all losses or liabilities (including reasonable attorneys’ fees, costs, and expenses) arising out of any claims by any partner that relates to your withdrawal of your performances (such as claims alleging unfair business practices, or price discrimination).
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gigity.TV without restriction. Any assignment attempted to be made in violation of this agreement shall be void. This agreement will be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
This agreement will be governed and interpreted in accordance with the internal laws of the State of Illinois applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.
READ THE FOLLOWING CAREFULLY AS IT LIMITS OUR LIABILITY.
Gigity.TV provides its services “AS IS,” without warranties of any kind. We expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your hardware, software, and business resulting from the Gigity.TV Services. This would also include the unfortunate yet highly unlikely possibility that our subcontractors and service providers might lose or damage our video archives.
We make no warranty, representation or guaranty as to Gigity.TV’s services. We make no warranty, representation or guaranty that the Gigity.TV service will be uninterrupted or error free or that any defects can be corrected.