Gigsby Conditions of Use

Welcome to Gigsby.com. Gravitas Associates, LLC and/or its affiliates provide website features to you subject to the following conditions. If you visit Gigsby.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Gigsby.com service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control. If you do not agree with any of the Terms, please do not use this website.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Gigsby.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site and affiliated web sites and services such as gigsby.tumblr.com, facebook.com/gigsby, and twitter.com/gigsby. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials on this website and in our e-mail and other communications, including, but not limited to written content, images, illustrations, audio clips, video clips, in all media and formats (the "Materials") are protected by copyrights which are owned or licensed by Gigsby.com. Further, “Gigsby” and other Gigsby.com graphics, logos, page headers, button icons, scripts, and service names (the “Marks”) are trademarks, registered trademarks or trade dress of Gigsby.com in the U.S. and/or other countries. None of the Materials or the Marks, nor any of the materials in other websites owned or operated by Gigsby.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software of the website or any part thereof unless this is expressly permitted or required by law.

Any modification of the Materials or the Marks, or use of the Materials or the Marks for any other purpose constitutes an infringement of our copyright and other proprietary rights. Use of the Materials or the Marks on any other website or other networked computer environment is prohibited.

Any proprietary rights notices including copyright and trademark notices which may be affixed to or contained within the Materials or the Marks shall not be removed, obscured or altered. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks which are connected to this website.

LICENSE AND SITE ACCESS

Gigsby.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gigsby.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site, including content contained in our e-mail newsletters and other communications, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gigsby.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gigsby.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gigsby.com’ name or trademarks without the express written consent of Gigsby.com. Any unauthorized use terminates the permission or license granted by Gigsby.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gigsby.com so long as the link does not portray Gigsby.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gigsby.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are 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. It is your sole responsibility to (a) control the dissemination and use of activation codes and passwords; (b) authorize, monitor, and control access to and use of your Gigsby.com password; (c) promptly inform Gigsby.com of any need to deactivate a password. You grant Gigsby.com and all other persons or entities involved in the operation of this website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this website. If you are under 18, you may use Gigsby.com only with involvement of a parent or guardian. Gigsby.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You grant Gigsby.com and all other persons or entities involved in the operation of this website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this website.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post comments and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Gigsby.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Gigsby.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gigsby.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gigsby.com for all claims resulting from content you supply. Gigsby.com has the right but not the obligation to monitor and edit or remove any activity or content. Gigsby.com takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we will terminate the account of any customer who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Gigsby.com and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Gigsby.com will terminate the infringing customer’s account. Gigsby.com may also in its sole discretion decide to terminate a customer’s account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Gigsby.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Gigsby.com respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Gigsby.com website, please contact us via email at info@ gigsby.com, or mail at:

Gravitas Associates, LLC
262 1^st Street, #4
Hoboken, NJ 07030

Any written notice describing the infringing activity must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
• A description of the allegedly infringing work or material;
• A description of where the allegedly infringing material is located on the site;
• Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
• A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

OTHER BUSINESSES

Parties other than Gigsby.com may provide services or promote and sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. These links are provided for your convenience only and you access them at your own risk. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Gigsby.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

BY USING THIS WEBSITE, YOU AGREE TO INDEMNIFY GIGSBY.COM, ITS OFFICERS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING AGREEMENT. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GIGSBY.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GIGSBY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIGSBY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIGSBY.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GIGSBY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIGSBY.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. GIGSBY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

JURISDICTION

This website is controlled and operated by Gigsby.com from its headquarters in Hoboken, New Jersey. Gigsby.com does not represent or warrant that materials on this website are appropriate or available for use in other locations. If you choose to access this website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of New York, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to this website shall be brought in either the State or Federal Courts of New York. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Gigsby.com and this agreement shall not be modified, except in writing, signed by both parties.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to Gigsby.com. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

These Terms will continue to apply until terminated by either Gigsby.com or you. If you intend to terminate this agreement you may discontinue using this website. You do not have to notify Gigsby.com of your intent to terminate this agreement.

Gigsby.com may terminate this agreement if you have breached any provision of the Terms or you have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms. Gigsby.com may also terminate this agreement if it is transitioning to no longer providing this website.

When these Terms come to an end, all the legal rights, obligations and liabilities from which you and Gigsby.com have benefited or to which you and Gigsby.com have been subjected shall be unaffected.

OUR MAILING ADDRESS

Gigsby.com
262 1^st Street, #4
Hoboken, NJ 07030