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Terms and Conditions


Your Acceptance

By using and/or visiting this website and/or the various features available on this this website (collectively, including all content and functionality available through the GiggStage.com domain name, the "Website", or "Gigg Website"), you signify your agreement to (a) these terms and conditions (the "Terms of Service" or the "Agreement"), (b) Gigg's privacy policy, found at http://www.GiggStage.com/privacy and incorporated here in by reference (the "Privacy Notice"), and (c) the Gigg Community Rules, found at community-rules and also incorporated herein by reference (the "Gigg Community Rules"). If you do not agree to any of these Terms of Service, the Privacy Notice, or the Gigg Community Rules, please do not use the Website.

Although Gigg may attempt to notify you when material changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.GiggStage.com/terms-and-conditions). Gigg may, in its sole discretion, modify or revise these Terms of Service, the Privacy Notice and the Gigg Community Rules at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Website

These Terms of Service apply to all users of the Gigg Website, including users who are also contributors of video, audio and written content, information, and other materials or services on the gig Website. The Gigg Website includes all aspects of GiggStage.com including but not limited to all products, software and services offered via the website such as the Gigg tournaments, the Gigg Mobile App (or giggapp™), "gigguploader™", "Lyric Posts" and other applications and features of the Website.

The Website may contain links to third-party websites that are not owned or controlled by Gigg. Gigg has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Gigg will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Gigg from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Gigg Website and to read the terms and conditions and privacy policy of each other website that you visit.

General Use of the Website-Permissions and Restrictions

Gigg hereby grants you permission to access and use the Website and the services offered on the website (the "Services") as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Gigg's prior written authorization.
  2. You agree not to alter or modify any part of the Website
  3. You agree not to access User Submissions (defined below) or Gigg Content (defined below) through any technology or means other than the video and/or audio playback features of the Website itself or other explicitly authorized means Gigg may designate.
  4. You agree not to use the Website, including, without limitation, the giggapp™, for any commercial use, without the prior written authorization of Gigg. Prohibited commercial uses include any of the following actions taken without Gigg's express approval:
    • sale of access to the Website or its related services on another website;
    • use of the Website or its related services (such as the giggplayer™), for the primary purpose of gaining advertising or subscription revenue;
    • the sale of advertising, on the Gigg website or any third-party website, targeted to the content of specific User Submissions or Gigg content;
    • and any use of the Website or its related services (such as the giggplayer™ that Gigg finds, in its sole discretion, to use Gigg's resources or User Submissions with the effect of competing with or displacing the market for Gigg, Gigg content, or its User Submissions.
    • (For more information about prohibited commercial uses, see our FAQ.)

  5. The following commercial uses are permitted:
    • uploading an original video to Gigg, or maintaining a profile on Gigg, to promote your talent or artistic enterprise; and
    • any use that Gigg expressly authorizes in writing.
    • (For more information about what constitutes a prohibited commercial use, see our FAQ.)

    • If you use the gigguploader™ for the purpose of uploading music and/or video content to the Website, you agree that Gigg may automatically download and install updates from time to time from Gigg. These updates are designed to improve, enhance and further develop the gigguploader™ and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Gigg to deliver these to you) as part of your use of the gigguploader™
    • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Gigg servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Gigg grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gigg reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
    • In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, Gigg Community Rules, and all applicable local, national, and international laws and regulations.
    • Gigg reserves the right to discontinue any aspect of the Gigg Website at any time.

Your Use of Content on the Site.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Gigg Website.

  1. The content on the Gigg Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Gigg, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Gigg reserves all rights not expressly granted in and to the Website and the Content.
  2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Gigg Website. You shall not copy or download any User Submission unless you see a "download" or similar link displayed by Gigg on the Gigg Website for that User Submission.
  3. User Comments (defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Gigg Website. User Comments 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 Gigg Website or otherwise as prohibited under this Agreement.
  4. You may access Gigg Content, User Submissions and other content only as permitted under this Agreement. Gigg reserves all rights not expressly granted in and to the Gigg Content and the Gigg Website.
  5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted by these Terms of Service, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
  6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Gigg Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Gigg Website or the Content therein.
  7. You understand that when using the Gigg Website, you will be exposed to User Submissions from a variety of sources, and that Gigg is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. 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 Gigg with respect thereto, and agree to indemnify and hold Gigg, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Your User Submissions and Conduct

  1. As a Gigg account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Gigg does not guarantee any confidentiality with respect to any User Submissions.
  2. 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: you own or have the necessary licenses, rights, consents, and permissions to use, and you hereby authorize Gigg to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Gigg, you hereby grant Gigg a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Gigg Website and Gigg's (and its successors' and affiliates') businesses, including without limitation for promoting and redistributing part or all of the Gigg Website (and derivative works thereof) in any media formats and through any media channels (whether currently existing or hereafter devised). You also hereby grant each user of the Gigg Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Gigg Website. You understand and agree, however, that Gigg may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
  4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Gigg all of the license rights granted herein.
  5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Gigg Community Rules, found at http://www.GiggStage.com/rules-and-guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  6. Gigg does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Gigg expressly disclaims any and all liability in connection with User Submissions. Gigg does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Gigg will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Gigg reserves the right to remove Content and User Submissions without prior notice.

Account Termination Policy

  1. Gigg will terminate a User's access to the Website if, under appropriate circumstances, such User is determined to be a repeat infringer or repeatedly breaches these Terms of Service.
  2. Gigg reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Gigg may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • 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 the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement 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
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Gigg's designated Copyright Agent to receive notifications of claimed infringement is: ______________, email: copyright@Gigg.com, fax:______________. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Gigg customer service through support@gigg.com. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.
  2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by the Copyright Agent, Gigg may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Gigg's sole discretion.

Changes to Services and/or Terms of Service

Gigg reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Services or this Agreement, in whole or in part, at any time without further notice. For changes to this Agreement that we deem material, we will place a notice on the Website by revising the link on the homepage to read substantially as "Updated Terms of Service" for up to three (3) weeks or some other amount of time that we determine in our discretion. If you access or use the Services in any way after the Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of the Agreement will be available on the Website and will supersede all previous versions of this Agreement.

Trademarks, Copyrights & Restrictions

The Services and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the "Material") that relates to the Services are owned by or licensed by Gigg or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Gigg, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Gigg or such third party that may own the Material or intellectual property displayed on the Services. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Gigg will aggressively enforce its rights to the fullest extent of the law. Gigg may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

Non-United States Residents

Gigg operates the Services in the United States. Gigg makes no representation that the Materials and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Services from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

Jurisdictional Issues

The Services are controlled and operated by Gigg from its offices within the State of Utah, United States. Gigg makes no representation that materials in the Services are appropriate or available for use in other locations. Software from this Services is further subject to United States export controls. No software from this Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list

Warranty Disclaimer

The Services may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Gigg assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Gigg is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Services, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.

YOU AGREE THAT YOUR USE OF THE GIGG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GIGG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GIGG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GIGG WEBSITE. GIGG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GIGG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GIGG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL GIGG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GIGG WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT GIGG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Gigg makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Services and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Gigg. Views and opinions of users of the Services do not necessarily state or reflect those of Gigg. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Services. The Internet may be subject to breaches of security. Gigg is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. Gigg makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Services.

Indemnity

You agree to defend, indemnify and hold harmless Gigg, its owners, officers, directors, employees, agents and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Gigg Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Gigg Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Gigg Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Gigg Website. There are many other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gigg without restriction.

General

You agree that: (a) the Gigg Website shall be deemed solely based in Utah; and (b) the Gigg Website shall be deemed a passive website that does not give rise to personal jurisdiction over Gigg, either specific or general, in jurisdictions other than Utah. These Terms of Service shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and Gigg that arises in whole or in part from your use of the Gigg Website shall be decided exclusively by a court of competent jurisdiction located in Utah County, Utah. These Terms of Service, together with the Privacy Notice at http://www.GiggStage.com/privacy and any other legal notices published by Gigg on the Website, shall constitute the entire agreement between you and Gigg concerning the Gigg Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Gigg's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Gigg reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Gigg Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GIGG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GIGG WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Miscellaneous

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement may not be amended, nor any obligation waived, without Gigg''s written authorization. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision thereof. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.