- Certain communications from AudioGig.com, such as service announcements, promotional and/or administrative messages and the AudioGig.com Newsletter, and that these communications are considered part of AudioGig.com membership and YOU WILL NOT BE ABLE TO OPT OUT OF RECEIVING THEM.
- Any new features that enhance the current Service.
Terms of Service (TOS)
Welcome to AudioGig.com. The use of the Audiogig.com website (the "Website" or "AudioGig") is offered to you, user and/or customer, conditioned on your acceptance without modification to the following Terms of Service (the "TOS").
Your membership to or use of this Web site constitutes your agreement to the TOS. By registering and accepting the TOS, you become an AudioGig.com member (a "Member"), and you agree to be bound by this TOS for as long as you continue to be a Member.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REGISTER FOR OR USE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US AT ANY TIME, WITHOUT NOTICE TO YOU.
You must be 14 years of age or older to use the Website or register as a member.
2. DESCRIPTION OF SERVICE
The material found on the Website, such as but is not limited to, audio, pictures, artwork, text, information, video, software and other intellectual property (the "Content") are protected by copyright and international laws.
AudioGig.com currently serves as a venue for this Content and provides access to this Content and communication tools (the "Service").
You understand and agree that the Service may include the following:
3. USE OF CONTENT
You may only access and use the Content for personal use. You may not distribute, publicly perform, publicly display, copy, modify or create derivative works of the Content, unless authorized by its respective copyright owner.
4. CONTENT SUBMISSION AND COPYRIGHT POLICY
You warrant and represent that you are the author and/or copyright owner of the Content you post or submit to the Service for inclusion in the Service's publicly accessible areas. You automatically grant, and you represent and warrant that you have the right to grant, to AudioGig.com an irrevocable, perpetual, world-wide, royalty free, fully-paid, non-exclusive license(s) to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sub-licenses of the Content.
Publicly accessible areas of the Service are those areas of AudioGig.com that are intended by AudioGig.com to be available to the general public.
5. COPYRIGHT INFRINGEMENT COMPLAINTS
The Website serves as a venue for Content provided by a third party individual, group or company (the "Artist"). AudioGig does not own the Content provided by the Artist. The Artist warranted and represented to AudioGig (under the AudioGig Material Distribution Agreement) that they are the copyright owner or have permission from the copyright owner of the Content they post on the Website.
In the event of a copyright or trademark infringement complaint, AudioGig is not in a position to determine the rightful copyright owner of a particular Content. Direct your infringement complaint to the Artist thru their contact information listed in their Artist page. The Artist has complete control of their Content and they can delete it from the Website anytime.
Complainants may also notify AudioGig of any copyright violation by sending an email to firstname.lastname@example.org. AudioGig will address the complaint by providing the subject Artist thru email, with all the contact information and allegation submitted by the complainant. AudioGig will remove the alleged infringing Content from the web page or, at AudioGig's discretion, the entire Artist web page altogether.
6. REGISTRATION AND SUBSCRIPTION
You must register for the Service to become a Member. When you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our Service registration form and to keep it accurate, current and complete.
7. DELIVERY OF SERVICE
You understand and agree that the Service is provided "AS-IS" and "AS AVAILABLE" and that AudioGig.com assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user content, personalization settings, or updates.
8. MODIFICATIONS TO SERVICE
AudioGig.com reserves the right to modify or discontinue the Service (or any part of the Service) without notice at any time. You agree that AudioGig.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. YOUR USE OF THE SERVICE
Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member of the Service. The Owner and its officers, directors, employees, agents, and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member of the Service (including but not limited to emotional, verbal and physical abuse or assault).
You acknowledge that AudioGig.com may not pre-screen Content, but that AudioGig.com shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available thru the Service.
You are solely responsible for the content or information you publish or display on the Service, or transmit to other Members.
You will not communicate, publish or display to any other Member any form of defamatory, inaccurate, abusive, obscene, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will use the Service in a manner consistent with any and all applicable laws and regulations.
You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the owner of such materials.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters, junk E-mail or computer virus to other Members.
You will not engage in any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member of the Service (including but not limited to physical and emotional damage).
You will not include any contact information of yourself or another person in your Content, such as telephone numbers, street addresses, lastnames, URL's or E-mail addresses other than where asked for it in the confidential personal information section.
You will not include in your Content any offensive physical or sexual references, and you will not post any photos containing nudity or personal information. We reserve the right, but we have no obligation, to reject any profile or Content that does not comply with these prohibitions and we shall not refund you unused subscription fees.
You acknowledge that AudioGig.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on AudioGig.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service (or parts of it) in a given period of time. You agree that AudioGig.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that AudioGig.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AudioGig.com reserves the right to modify these general practices and limits from time to time. You acknowledge, consent and agree that AudioGig.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of AudioGig.com, its users and the public.
10. NO UNLAWFUL OR PROHIBITED USE OF THE SERVICE
As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You agree to defend, indemnify and hold AudioGig.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Service.
You agree that AudioGig.com may, under certain circumstances and without prior notice, immediately terminate your AudioGig.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your AudioGig.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in AudioGig.com's sole discretion and that AudioGig.com shall not be liable to you or any third-party for any termination of your account or access to the Service. Even after termination of membership, this Agreement will remain in effect.
The Service may provide, or third parties may provide, links to other sites or resources. Because AudioGig.com has no control over such sites and resources, you acknowledge and agree that AudioGig.com is not responsible for the availability of such external sites or resources. You further acknowledge and agree that AudioGig.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. EVENTS SERVICES
- Audiogig.com has no responsibility for any failure or alleged failure of performance of the Parties one to another or to any third party, and the Parties agree to hold Audiogig.com harmless against any claims arising out of or related to their events.
- Audigog.com does not screen or investigate in any way its Clients to determine their ability, bona fides or willingness to perform the obligations that may be undertaken pursuant to this event. The Parties need to resolve all questions between themselves. Audiogig.com makes no representations and gives no assurances that event holders will perform, including paying any money owed to those who refer Clients to their events.
- Audiogig.com will not settle, mediate or otherwise assume responsibility for resolving disputes between event holders and those who refer Clients to their events.
- Audiogig.com is neither a party to any agreements (actual or implied) entered into by event holders and those who refer Clients to their events, nor is it an agent, employee, partner or other representative of either the event holder or the referring party (the “Parties”).
15. AUDIOGIG.COM PROPRIETARY RIGHTS
AudioGig.com owns and retains all proprietary rights in the Website and the Service and any necessary software used in connection with the Service ("Software") including proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that Content presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AudioGig.com or advertisers, you agree not to modify, sell, distribute, profit, or create derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE WEBSITE AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AudioGig.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. AudioGig.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (ii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) THE SERVICE WILL MEET YOUR REQUIREMENTS. c. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AudioGig.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AudioGig.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AudioGig.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Brentwood. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. You certify that you read, understood and agree to be bound by the terms and conditions in this Agreement.