I. Introduction; Your Agreement to these Terms of Service.
Welcome to Gigity.TV, founded in 2010 in the city of Chicago, IL, and a subsidiary of Catacomb Media, LLC. (“Gigity.TV” or “we”) are a social network, streaming platform and digital performance platform consisting of a website, services, software applications, embeddable players, archived material, and syndicated ‘widgets’ (the “Gigity.TV Service”).
The following terms of service (the “Terms of Service”) for the Gigity.TV Service is a legal contract between you, an individual user of at least 13 years of age or a single entity (“you”, “user” “User” or, collectively, “Users”), and Gigity.TV regarding your use of the Gigity.TV Service. By using and/or visiting this the Gigity.TV Service, you signify your agreement to Gigity.TV's (1) Terms of Service, (2) Terms of Sale
, (4) Artist Agreement
, (5) Broadcaster, or Broadcast Partner Agreement
, and (6) Stakeholder Agreement
Gigity.TV reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Service at any time by posting amended terms to the Terms of Service. Gigity.TV will make a news announcement when material changes are made to the Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the Gigity.TV Service after the posting of changes constitutes your binding acceptance of such changes.
The Gigity.TV Service is not available to persons under the age of 13 or to any users previously suspended or removed from the Gigity.TV Service by Gigity.TV. BY USING THE GIGITY.TV SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE GIGITY.TV SERVICE.
III. Ownership of Materials; Limited License
The data and materials on the Gigity.TV Service, except the User Submissions (defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Gigity.TV Service (collectively, the “Materials”) are the intellectual property of Gigity.TV, its licensors, owners, and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with Gigity.TV, its licensors, owners, or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Gigity.TV or its affiliates, owners, and/or third party licensors. Except as expressly authorized by Gigity.TV, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. Gigity.TV reserves all rights not expressly granted in and to the Gigity.TV Service and the Materials.
IV. Digital Millennium Copyright Act.
It is Gigity.TV's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Gigity.TV will promptly terminate without notice any User's access to the Gigity.TV Service if that User is determined by Gigity.TV to be a repeat infringer.
If you are a copyright owner or an authorized agent thereof (the “Copyright Owner”) and believe that any content on the Gigity.TV Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the DMCA. This notification of claimed infringement must be a written communication provided to the designated agent of Gigity.TV that includes the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gigity.TV to locate the material, for example, a URL.
Gigity.TV’s designated copyright agent to receive notifications of claimed infringement is: Mr. Richardson Simon Seng. His contact information is as follows: Catacomb Media, LLC. Attn: Richardson Simon Seng, 1321 N. Milwaukee Ave. #408 Chicago, IL 60622. Or, please email Business Affairs
with your inquiry.
V. Gigity.TV Service License Grant.
Gigity.TV enables (a) certain users referred to herein as “Viewers” to view the Gigity.TV Performances and create textual and photographic comments (“Viewer Comments”) and personally identifiable information commonly known as “name and likeness” (“Viewer Name and Likeness”), (b) certain users referred to herein as “Artists” to perform for Gigity.TV Performances, and to distribute, post and display textual and photographic comments (“Artist Comments”) and personally identifiable information commonly known as “name and likeness” (“Artist Name and Likeness”), (c) certain users referred to herein as “Broadcast Partners” to produce, distribute and display streaming live videos (“Gigity.TV Performances”) and to distribute, post and display textual and photographic comments (“Broadcaster Comments”) and personally identifiable information commonly known as “name and likeness” (“Broadcaster Name and Likeness”), and (d), certain users referred to herein as “Stakeholders” who assist either the Artist(s) or the Broadcast Partner in the production and promotion of (“Gigity.TV Performances”) and to distribute, post and display textual and photographic comments (Stakeholder Comments”) and personally identifiable information commonly known as “name and likeness” (“Stakeholder Name and Likeness”). For the avoidance of doubt, Viewers, Artists, Broadcast Partners and Stakeholders do not refer to different types of users, rather, the terms refer to the activity engaged-in by users. Gigity.TV Performances, Viewer Comments, Viewer Name and Likeness, Artist Comments, Artist Name and Likeness, Broadcaster Comments, Broadcaster Name and Likeness, Stakeholder Comments, Stakeholder Name and Likeness together with all other text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials submitted, displayed, published, posted or transmitted through or on the Gigity.TV Services by Broadcast Partners, Viewers and Artists are collectively referred to as “User Submissions.”
If you sign up for a user account, subject to your compliance with the terms and conditions set out in the Terms of Service, Gigity.TV hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Gigity.TV Service for the distributing of User Submissions.
User Submissions are streamed, stored and distributed at your own risk. Notwithstanding any obligations hereunder of Gigity.TV to protect User Submissions, Gigity.TV cannot guarantee that there will be no unauthorized copying or distribution of User Submissions nor will Gigity.TV be liable for any copying or usage of the User Submissions not authorized by Gigity.TV.
VI. Broadcaster and Viewer Content License Grant; Representations and Warranties.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (A) you are the creator and owner of and/or have the necessary licenses, rights, consents, releases and permissions (except for public performance rights in those musical compositions that are licensed by Broadcast Music, Inc. (BMI), The American Society of Composers, Authors and Publishers (ASCAP) or SESAC, Inc., in which case Gigity.TV will pay all royalties associated with these licenses) to use and to authorize Gigity.TV and all Users to use your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Gigity.TV, the Terms of Service and the Broadcast Partner Agreement;
(B) your User Submissions do not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) slander, defame, or libel any other person; (3) contain any viruses, adware, spyware, worms, or other malicious code.
(C) You retain all of your ownership rights in your User Submissions. However, in order to publish and promote such User Submissions in connection with services offered or to be offered by Gigity.TV, through distributing or disseminating User Submissions through the Gigity.TV Services, you hereby grant to Gigity.TV and its successor a perpetual worldwide, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Submissions, in any media formats and through any media channels. Such license will apply to any form, media, or technology now known or hereafter developed. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your User Submissions in proximity with or in connection with any third party content.
Gigity.TV may rely on advertisers to help fund the Gigity.TV Service. You agree that Gigity.TV may display advertisements and promotions of all kinds in and with the Gigity.TV Service. You understand that Gigity.TV may have agreements with Web sites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by Gigity.TV related to such advertisements or promotions, except what is otherwise outlined in the Artist Agreement, the Broadcast Partner Agreement, and the Stakeholder Agreement. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the Gigity.TV Service.
Gigity.TV will always have the right to use and display your name and likeness for advertising, publicizing, and exploiting Gigity.TV and the Gigity.TV Service.
By distributing or disseminating User Submissions through the Gigity.TV Service, you hereby grant to each user of the Gigity.TV Service that is authorized to access your User Submissions a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your User Submissions.
VII. Your Use of User Submissions on through the Gigity.TV Services.
You understand that when using the Gigity.TV Service, you will be exposed to User Submissions from a variety of sources, and that Gigity.TV is not responsible for the accuracy, usefulness, safety, or intellectual property rights (except as otherwise explicitly stated) of or relating to such User Submissions or other content. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gigity.TV with respect thereto. Gigity.TV does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Gigity.TV expressly disclaims any and all liability in connection with the User Submissions. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST GIGITY.TV WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD GIGITY.TV, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO USER SUBMISSIONS AND YOUR USE OF THE GIGITY.TV SERVICE.
User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Gigity.TV Services. User Submissions are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Gigity.TV Services or otherwise as prohibited under the Terms of Service. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Gigity.TV Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Gigity.TV Services or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of the Gigity.TV Services or the User Submissions therein.
You understand that all purchases of pay per view tickets “PPV Tickets” and/or of any other virtual or tangible items (e.g., gifts, merchandise) sold on through the Gigity.TV Services are final and non-refundable, except, in our sole and absolute discretion and are a limited license to view Gigity.TV Performances. Once you buy a PPV Ticket, you cannot get your money back. Further, in Gigity.TV’s sole discretion, accounts that are either unused or have been used only once for a period greater than six (6) months may be terminated. Please note that the Terms of Sale is incorporated herein by reference.
VIII. Prohibited Conduct.
BY USING THE GIGITY.TV SERVICE YOU AGREE NOT TO:
1) Use the Gigity.TV Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Gigity.TV Service as such services are offered by Gigity.TV. 2) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials. 3) Post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content. 4) Assume a misleading or false identity in connection with your User Submissions. 5) Post, upload, or distribute any User Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate. 6) Post, upload, or distribute any programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications. 7) Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Gigity.TV Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Gigity.TV Service, or perform any other similar fraudulent activity. 8) Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Gigity.TV Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures. 9) Use of the Gigity.TV Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy. 10) Defame, harass, abuse, threaten or defraud Users of the Gigity.TV Service, or collect, or attempt to collect, personal information about Users or third parties without their consent. 11) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Gigity.TV Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the Gigity.TV Service, or features that enforce limitations on the use of the Gigity.TV Service or User Submissions. 12) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Gigity.TV Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 13) Modify, adapt, translate or create derivative works based upon the Gigity.TV Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 14) Intentionally interfere with or damage operation of the Gigity.TV Service or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. 15) Relay email from a third party's mail servers without the permission of that third party. 16) Use any robot, spider, scraper, or other automated means to access the Gigity.TV Service for any purpose or bypass any measures Gigity.TV may use to prevent or restrict access to the Gigity.TV Service. 17) Manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Service; or interfere with or disrupt the Gigity.TV Service or servers or networks connected to the Gigity.TV Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Gigity.TV Service. 18) Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Gigity.TV Services.
When you use the Gigity.TV Service to upload and/or download or purchase content or any products, services, or information from Gigity.TV, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Gigity.TV on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify Gigity.TV
. You may be liable for the losses incurred by Gigity.TV or others due to any unauthorized use of your Gigity.TV Service account.
X. Third-Party Sites, Products and Services; Links.
The Gigity.TV Service may include links or references to other Web sites or services to Users (“Third Party Sites”). Gigity.TV does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Gigity.TV Service are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites is solely at your own risk.
XI. Termination; Terms of Service Violations.
You agree that Gigity.TV, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Gigity.TV or your use of the Gigity.TV Service and remove and discard all or any part of your account, user profile, and any User Submissions, at any time. Gigity.TV may also in its sole discretion and at any time discontinue providing access to the Gigity.TV Service, or any part thereof, with or without notice. You agree that any termination of your access to the Gigity.TV Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Gigity.TV will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gigity.TV may have at law or in equity.
Your only remedy with respect to any dissatisfaction with the Gigity.TV Service, any term of the Terms of Service, any policy or practice of Gigity.TV in operating the Gigity.TV Service, or any content or information transmitted through the Gigity.TV Service, is to terminate the Terms of Service and your account. For Artist, Broadcast Partner, and Stakeholder Accounts, if they are due money, it will be sent via the terms of those agreements. You may terminate the Terms of Service at any time by discontinuing use of any and all parts of the Gigity.TV Service.
You agree to indemnify, save, and hold Gigity.TV, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Gigity.TV Service, any violation by you of the Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Gigity.TV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Gigity.TV, and you agree to cooperate with Gigity.TV's defense of these claims. Gigity.TV will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
XIII. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIGITY.TV, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIGITY.TV OR THROUGH THE GIGITY.TV SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION XIV, THE TERM GIGITY.TV INCLUDES GIGITY.TV'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
“As is” and “As available” and “With All Faults”.
YOU EXPRESSLY AGREE THAT THE USE OF THE GIGITY.TV SERVICE IS AT YOUR SOLE RISK. THE GIGITY.TV SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING USER SUBMISSIONS), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GIGITY.TV SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Service Operation and User Submissions.
GIGITY.TV, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE GIGITY.TV SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
GIGITY.TV, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GIGITY.TV SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE GIGITY.TV SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES TO PROTECT USER SUBMISSIONS USED BY GIGITY.TV HEREIN ARE WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Internet Interruption and Web Site Contamination.
GIGITY.TV IS NOT RESPONSIBLE TO USER FOR ANY INTERRUPTION OF ACCESS TO THE GIGITY.TV WEB SITE FOR ANY REASON, OR FOR CONTAMINATION, VIRUS, OR INFECTION THAT CAUSES DAMAGES TO USER’S CONTENT UPLOADED ONTO THE GIGITY.TV WEB SITE. GIGITY.TV IS NOT RESPONSIBLE FOR ANY LOSS OF REVENUE OR GOODWILL TO USER DUE TO ANY INTERRUPTION OR CONTAMINATION OR DUE TO ANY OTHER REASON, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO USER’S REPUTATION THAT MAY RESULT.
XIV. Limitation of Liability and Damages.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GIGITY.TV OR ITS AFFILIATES, BROADCAST PARTNERS, ARTISTS, STAKEHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER SUBMISSIONS) ON THE GIGITY.TV SERVICES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH GIGITY.TV, EVEN IF GIGITY.TV OR A GIGITY.TV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages.
IN NO EVENT WILL GIGITY.TV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, BROADCAST PARTNERS, ARTISTS, STAKEHOLDERS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GIGITY.TV SERVICES OR YOUR INTERACTION WITH OTHER GIGITY.TV SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GIGITY.TV SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Third Party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GIGITY.TV AND RECEIVED THROUGH OR ADVERTISED ON THE GIGITY.TV SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT GIGITY.TV HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GIGITY.TV, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GIGITY.TV. GIGITY.TV WOULD NOT BE ABLE TO PROVIDE THE GIGITY.TV SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
XV. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms of Service are contingent on your compliance with this provision.
Gigity.TV may provide you with notices by email, regular mail, postings, or news announcements on the Gigity.TV Service. Notice will be deemed given twenty-four hours after email is sent, unless Gigity.TV is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Gigity.TV Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Gigity.TV Service is deemed given 24 hours following the initial posting. Notwithstanding the foregoing, your continued use of the Gigity.TV Service after the posting of any changes to the Terms of Service constitutes your binding acceptance of such changes.
Prevention of Unauthorized Use.
Gigity.TV reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Gigity.TV Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
The failure of Gigity.TV to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Gigity.TV.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms of Service or Gigity.TV will be filed only in the state or federal courts in and for Cook County, Illinois, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of the Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms of Service, 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 the Terms of Service shall be void.
Upon termination of the Terms of Service, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms of Service, and will not be deemed to limit or affect any of the provisions hereof.
YOU AND GIGITY.TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GIGITY.TV PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Services are offered by Gigity.TV, a subsidiary of Catacomb Media, LLC. 1321 N. Milwaukee Ave. #408, Chicago, IL 60622. Please Contact Us
with any inquiries.