I can't see/hear a Broadcast. What gives?
Troubleshooting Gigity.TV BroadcastsThere are a number of reasons that may cause Gigity.TV viewers to experience trouble seeing or hearing broadcasts. If you are having trouble viewing a broadcast, please review these troubleshooting tips.
Check that your computer/device meets our system requirementsReview our System Requirements to ensure that your computer or device is up to spec.
Check your Internet / network connection
Disable Ad Blockers, and other browser plugins or toolbars
Keep your Flash Player up to dateIf your trying to watch on a computer, an out of date Flash Player may cause problems when watching a broadcast. Check your Flash Player to see if it needs to be updated.
Check other broadcastsTo see if the problem is on our end, check out some of our other broadcasts. If you are unable to watch any broadcasts, there is a problem with your system.
Restart, Reboot, ReloadAs with all computer related issues, restarting your browser and/or computer can often help resolve issues with any program or website. Hey, it's worth a shot.
Contact us for supportIf you've determined that there is something wrong on our end with a broadcast, please Contact Support so we can remedy it.
Gigity.TV Broadcaster & Venue Agreement
Welcome to Gigity.TV. We were founded in 2010 in Chicago, IL, and we are a subsidiary of Catacomb Media, LLC. We operate on the vision that concerts and other forms of entertainment should be available LIVE to a worldwide audience, and that these broadcasts can be monetized and archived for the benefit of the artists and the venues.
Gigity.TV is a live streaming platform that offers venues an end-to-end solution for broadcasting, recording, and monetizing their events. Our interactive streaming application keeps fans engaged with social interactions, creates new revenue streams for venues and artists with profit sharing, and presents unique sponsorship opportunities for brands and small businesses.
Gigity.TV uses computers and permanently installed video cameras to automate the production, and we keep it simple so that venue owners only have to spend minutes scheduling a broadcast. Our system then takes over to deliver the streams, archive the footage for video on demand, collect revenue from advertising and Pay Per View (if required), disburse profits directly via PayPal, and create an environment where fans energize the broadcasts with live chatting and viral promotions on the social networks.
The financial terms on each broadcast are made transparent to all parties, and we promise artists that they retain all rights and ownership of their footage, and upon request we will remove any content from the on-demand archives. However, for as long as the artists allow us to feature their performances, we have the right to monetize them for the benefit of the artists, the venues, and Gigity.TV.
References to “us” or “we” are Gigity.TV, and references to “you” are the venue (or, in some cases, an independent producer broadcasting on our platform). In either case, you assert your right to represent the venue, and you agree to the responsibility of your account’s maintenance and paying all of your internal members their share of the monies Gigity.TV will deposit into your payments account.
Other parties affiliated with a streamed event are the artists and “contributors”. Contributors are venue attendees who may contribute to a broadcast using the Gigity.TV live streaming & archiving mobile app. These contributors are volunteering their services and have no expectation of compensation. Finally, there are also regular viewers, and sponsors.
To be clear, you are allowing Gigity.TV to co-produce and promote your upcoming broadcasts and archived events. You also allow us to post, display and distribute your venue profile, which includes its name and likeness, and various media including text, photographs, comments, images, artwork, and musical works (either in whole, or edited-down) from your Gigity.TV broadcasts.
Venue License GrantIn order for Gigity.TV to promote and monetize broadcasts, venues grant Gigity.TV a worldwide, perpetual, fully assignable, royalty-free right and license to do the following:
1. Create preview clips and artwork from venue profiles and broadcasts and make them available to Gigity.TV users and the general public.
2. Encode, transcode, compress or convert venue broadcasts into any format, any bit rate, and using any codec now known or later developed.
3. Store venue broadcasts on one or more servers in order to display and deliver live and archived video & audio on-demand streams.
4. Use, comment and publish, and to permit others to use, comment and publish, the name, trademark, likenesses and biographical materials on your venue profile and broadcasts, in connection with Gigity.TV.
5. Edit, archive, monetize, market, reproduce, distribute, publicly perform, stream, display, transfer and host your venue profile and broadcasts to our viewers.
6. Allow attendees of the live audience (and sponsors) who are also affiliated with Gigity.TV to contibute to the live-streamed broadcast with their personal mobile devices. These contributions will be facilitated by the Gigity.TV mobile app, and managed on the Gigity.TV platform.
The rights and licenses described above apply to any media or technology now known or later developed, and at the dicretion of Gigity.TV, they also apply to all types Gigity.TV users.
Revenue Streams for VenuesTo understand how revenue streams will flow into the payments accounts of venues, we first need to explain the process in which broadcasts are created and monetized.
Gigity.TV events are created by venues, and they may edit the terms of either an upcoming or archived event, including adding-in artist profiles. Gigity.TV adminstrators also have these permissions, but artists are asked to contact the venue with their concerns and questions.
Many broadcasts will be made available on a pay per view basis. Venues will set the ticket price and the percentage split of the profits between all of the parties. In this, communication and negotiation between the venue and the artist(s) is encouraged and necessary. By default, Gigity.TV’s set percentage of the profits is 20%, and can be changed only at our discretion.
If an artist agrees to perform an event, and if they already have an artist profile, the venue may assume the artist is also willing to have their performance live streamed and archived. Artists should understand that venues must have the flexibility to create broadcasts and embed artist profiles in an efficient manner, but, venues must respect the rights of the artists to decline to be broadcast, and to negotiate the financial terms. The terms of a broadcast agreement can always be viewed from the accounting page of any party attached to an event.
If an artist does not have a profile, yet they give permission to the venue to have their show live-streamed, the venue may use the artist’s email address to initalize the artist profile, at which point the artist will receive an email from Gigity.TV with a link giving them access to the profile to edit any details and to change the temporary password. At this point, the artist will be asked to supply their PayPal email, and to review and checkbox this artist agreement.
Venues understand that all artists must agree to be broadcast, especially for pay per view, but in some cases, a venue will make free live streaming & archiving “standard operation,” and publically knowable and assumed. In such cases, artists should contact the venue with their questions and concerns. Meanwhile, if an artist was unknowingly streamed, they are welcome to create an artist profile and have it embedded into the archive.
The standard percentage earmarked as payment to Gigity.TV from Pay Per View Ticket sales is 20% of the profits. The profits will be derived after deducting, in most cases, $1 from the ticket price to cover several expenses: PayPal credit card processing per ticket, Pro Licensing (ASCAP, BMI and SESAC), and other expenses including bandwidth, servers and storage. This will be the standard deduction and profit earmarked for Gigity.TV (unless otherwise specified) and will be available for review by all parties attached to the event.
The remaining profits will be divided between the venue, the artist(s), and Gigity.TV according to the percentages set forth in the broadcast agreement. For example, consider an event where the ppv ticket price was $5 and there were 115 buyers, and, where the venue was set to receive 30% of the profits, Artist A (25%), Artist B (15%), and Artist C (10%).
Revenue: 115 @ $5 = $575
After deducting $1 per ticket to cover the fixed expenses, the profit of $460 is divided thusly:
Gigity.TV (20%) = $92
Venue (25%) = $115
Artist A (30%) = $138
Artist B (15%) = $69
Artist C (10%) = $46
After a pay per view event, the venue has the ability to decide for how long after the event the pay wall stays in place. Keeping up the pay wall is to de-incentivise viewers from not buying tickets in anticipation that the archive will soon become free. If a viewer purchases a ppv ticket they will have ongoing access to this archive. The venue and the artist(s) attached to the broadcast agreement may login at anytime to both watch and/or download the archived event, for free.
Revenue payments to all parties on a broadcast will go out on the 1st and 15th day of each month, directly, via the PayPal account info provided by the venue. However, pay per view revenue on the live event will be withheld for 5 days to vet and process any refunds, or, to include the artist profile(s) of any previously unaccounted-for or spontaneously-added performers.
Revenue is also generated from selling advertising, which businesses purchase through our sponsorship interface. They upload their commercial for pre-roll and mid-roll placement on both our live and archived broadcasts, and they buy a certain number of impressions for over a certain period of time. These ad rates can vary. The playing of an advertisement generates a certain amount of revenue, measured up to one hundredths of a cent. Profit is determined after Gigity.TV deducts the expenses of bandwidth, storage, and operations. The profit on this revenue is divided at the same percentages set forth in the original broadcast agreement.
This revenue will be accounted for on your payments page according to each broadcast, and will be added to the payments accrued from the pay per view ticket sales. These residuals will pay out over the long term, but a venue must still always initiate their payments.
To initiate payment, first, a venue must have “checkboxed” this agreement. Second, the venue must assign to their profile a valid email address through which PayPal can contact you for payment. Third, if you do not already have an account set up, you will be contacted by PayPal to complete the final step of your direct deposit. You only have 30 days to complete the requirements of PayPal, otherwise, the revenue you are due returns permanently to Gigity.TV.
Artists, however, have a fourth stipulation. They must account for all of the cover songs they performed on a broadcast in order to receive the ppv & ad revenue generated from that event. This entails logging in to their account, visiting their “payments” page, and through our interface inserting the song name, writer(s) and publisher(s) for each cover performed. To help supply them with this information, we provide a link to the free songfile search engine of the Harry Fox Agency. Also, reporting this information DOES NOT affect artist payments, rather, it allows the original songwriter(s) to be properly compensated from the fees Gigity.TV is already paying to ASCAP. BMI, and SESAC.
Other conditions for artists: 1) If they checkbox an event without providing the requested publisher’s information, in the event of any repercussions they assume all liability and hold Gigity.TV, and the venues, harmless. 2) Our accounting system pools their payment from all of the events to which they are attached, so in order to collect ANY money, they must first “checkbox” ALL the events that have earned any revenue (even if it is just a penny). 3) Payments to artists are not retroactive. If payments are disbursed before an artist profile was created and/or added-in to an archived broadcast, Gigity.TV provides no recourse, only on future revenue earned, either from pay per view or advertising.
Either the venue or a Gigity.TV administrator will re-assign the profit sharing percentages. Also, if a previously unaccounted-for artist has or creates a profile and gets attached to an archived broadcast, the percentages assigned to each artist will change. It will always be at the discretion of the venue or a Gigity.TV administrator to adjust the percentages as necessary, and always, in fairness and in good faith.
If an artist requests that their video be removed from the video on demand archives, their performance will be extracted by Gigity.TV from the event as soon as reasonably possible. In such cases their share of the profits from the original broadcast agreement will be re-divided proportionally among the remaining artists still attached to the broadcast.
In the event a 3rd party requests to license an artist’s video and/or audio, Gigity.TV may facilitate the licensing of this material. Gigity.TV administrators will notify the artist, make the introduction, help negotiate the terms of the license, and deliver the file to the licensee. The licensee must pay for all additional PRO Licensing fees and premiums, then, the revenue will be divided according to the percentages of the original broadcast agreement, but, where the artist’s payment is the entirety of the percentage of profits earmarked for the group of artists listed on the original broadcast agreement.
However, if an artist is in physical possession of their recording, neither Gigity.TV nor any other party can interfere with the artist licensing it’s property to whomever it pleases, and keeping all of the revenue for themselves. Our hope, however, is that artists will honor the relationship and value the group’s contributions. If you represent a 3rd party interested in the content of an artist featured in our archives, please contact Business Affairs.
The Gigity.TV mobile app allows members of the audience to contribute their perspective to both the live stream and the archives. These users understand that they are volunteering their contributions and that they will not receive financial compensation. This footage also becomes the property of the artists and they have access to both watch and download these clips, and, to request their removal.
Meanwhile, these clips will be monetized with advertising, and profit sharing will follow in the same manner as ads on an archived broadcast. Note: Audience generated clips will be available for viewing and sharing as soon as technically possible, and will be subject to the terms of the broadcast agreement (whether free or pay per view).
Gigity.TV administrators reserve the right to access and edit any venue profile if any of the fields are empty, incomplete, or incorrect, i.e., biographical information, Facebook, Twitter, Website, Merchandise links, and picture. The public display of this information is necessary to maintain the level of quality Gigity.TV is committed to providing its users. All parties should complete their profile and keep it up-to-date.
Gigity.TV reserves the right to either withhold payment or create a negative balance for a venue. This may occur for several reasons: 1) Refunds issued to viewers after the 5 day waiting period. 2) Suspicion of fraud. 3) Governmental tax issues (reporting and paying taxes on Gigity.TV income is the responsibility of the venue). 4) Other fines, settlements, and penalties. 5) Theft and/or failure to responsibly assign percentage income to all parties assigned to a broadcast.
6) PayPal refund processing fees accrued by Gigity.TV on account of the venue cancelling a broadcast.
The individuals and interests affiliated with a venue profile will be paid by the person to whom the email address of the venue profile is owned and managed. As the representative to the venue profile to which your email address is assigned, you agree that you will manage the equitable disbursement of all monies to all rightful past, present, and future interests of the profile, and that you will hold Gigity.TV harmless over any disputes or accounting errors that may arise over your disbursement of all past, present, and future monies.
If the individuals and interests affiliated with a venue profile disburse, Gigity.TV will still keep the archives active and monetized. Payments will still be made to the active PayPal account. Furthermore, it is still the responsibility of the representative(s) of the venue profile to equitably disburse payments to all stakeholders. To change the email address of the PayPal account attached to your venue’s payments, proceed to the PayPal field in your profile’s control panel.
Gigity.TV will be the arbitrator of any dispute between a venue and an artist, and you trust and agree that our decision will be fair, and final. If evidence of foul play is established, the venue, artist (or any other affiliated party) in question may be penalized and/or banned from Gigity.TV. Furthermore, Gigity.TV reserves the right to enter any broadcast agreement and to supercede the terms set by any venue, artist, or anyone else.
The time period for this agreement begins on the date it’s "check-boxed" and lasts for one year. After one year both parties have the right to reassess the terms of this agreement and propose amendments. Otherwise, the venue will be asked to renew their agreement, and until they do, the terms of the old agreement remain in place. Also, Gigity.TV may terminate this agreement at any time by sending you a notice of our intention to terminate and the steps we will take to secure, transfer, and monetize the archives. Also, termination will not relieve any party from their respective obligations incurred prior to, during or after the term.
If we receive a claim that our distribution of your events or any other materials provided or authorized by you violates any third party rights or if a claim arises from your breach or alleged breach of the representations, warranties, and covenants made by you herein, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our licensees and affiliates (and their respective directors, officers, contractors and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) concerning any such claim.
Accordingly, you agree to reimburse us and our licensees and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this paragraph. We will use reasonable efforts to promptly notify you of any such claim, and by obtaining, posting and maintaining an adequate bond for our benefit you may assume control of the defense of such claim, provided that we will have the right in all events to participate in the defense thereof.
Additionally, you agree to indemnify, defend, and hold us harmless from and against anything including all losses or liabilities (including reasonable attorneys’ fees, costs, and expenses) arising out of any claims by any partner that relates to your withdrawal of your performances (such as claims alleging unfair business practices, or price discrimination).
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gigity.TV without restriction. Any assignment attempted to be made in violation of this agreement shall be void. This agreement will be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
This agreement will be governed and interpreted in accordance with the internal laws of the State of Illinois applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.
READ THE FOLLOWING CAREFULLY AS IT LIMITS OUR LIABILITY.Gigity.TV provides its services “AS IS,” without warranties of any kind. We expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your hardware, software, and business resulting from the Gigity.TV Services. This would also include the unfortunate yet highly unlikely possibility that our subcontractors and service providers might lose or damage our video archives.
We make no warranty, representation or guaranty as to Gigity.TV’s services. We make no warranty, representation or guaranty that the Gigity.TV service will be uninterrupted or error free or that any defects can be corrected.
Gigity.TV Removed Signups + Other News
Gigity.TV is happy to announce that we removed the need to signup in order to watch live broadcasts and archived shows. Anyone is allowed to now very easily start watching content. However, if a person wants to participate in the LIVE CHAT or leave a COMMENT on an archived show, they'll have to create an account, which of course, is free.
In other news we are at 8500 registered viewers.
We have three new broadcasting installations coming online within the next month (Rosa's Blues Lounge + 2 installations at The Second City Theater).
We're producing the all-city, crowd-sourced advertising contest, 30 Seconds Over Chicago. This competition is unique and promises to be very exciting. We got 30 small businesses in the neighborhood of Wicker Park to each write a creative brief that now anyone can read and post their ideas or "pitches" for 30 second commercials. The open forum extends from now until October 9th. On October 10th, each business owner will pick their favorite idea, and the winners will then have an additional 30 days to build their team and make their ad. All ads will then premiere at the Double Door on Tuesday, November 13th. We're going to broadcast it LIVE and include online voting. Too, there will be three ad-industry creative directors giving feedback, and we're giving $1000 to the winner. Live music will also be provided by The Sometimes Family. Should be a blast!
Gigity.TV Seeking Interns for Marketing & Promotions
Internships are unpaid, but we can faciliate college credit, if applicable. Duties include contacting bands, creating artist profiles, scheduling broadcasts and writing show reviews. If you are interested, please contact RichSeng@gmail.com
Gigity.TV Pushing 7000 Users!!!
Thank you everyone for your continued support of Gigity.TV. New viewers are coming in all of the time, which not only gives us juice, it encourages the musicians working hard to share with you their art. We have some new features we're adding to the site, so stay tuned!
Gigity.TV Now at 6100 Users!
We're getting an exciting little upward curve here in our signups. Thank you to everyone who has been tuning in and spreading the word. Too, we have some cool developments in the pipeline... we need to keep the lid on them for a little longer, but in the meantime, we're free to announce that on the Friday (june 8th) and Sunday (June 10th) of Bluesfest, we'll be broadcasting Chicago BLUES from Rosa's Lounge. Think of these shows as the Bluesfest Afterparties. See ya then!!!
Gigity.TV Now Has 5100 Registered Users!
Thanks so much for everyone signing up and watching broadcasts on Gigity.TV. I was going to make an announcement on Monday night about crossing the 5000 mark, but on Tuesday we got a 100 more, so now were at 5100.
Be sure also to please "Dig The Gig" on Facebook. The like button is in the header.
Rich Seng (Gigity.TV founder)
Gigity.TV Welcomes The Elbo Room As Its Newest Broadcast Partner
We would like to welcome Chicago's Elbo Room to our roster of venues now connected to our platform. The Elbo Room is based in Chicago's Lincoln Park neighborhood. To check out their Gigity.TV profile and to see their list of upcoming broadcasts, click here.
Gigity's First BLUES broadcast at Rosa's with Toronzo Cannon
On Friday, May 11th, at 9:30 PM, renown Chicago Bluesman Toronzo Cannon will be live-streaming from the legendary blues venue, Rosa's Lounge, on the northwest side of Chicago. Four camera angles will be trained on Toronzo to capture every guitar lick, every soulful belt, every drop of sweat. If you can't attend this concert in person, watch it LIVE, and for FREE, on Gigity.TV. Here's the link: http://gigity.tv/event/252/
Examiner.com Writes Positive Article about Gigity.TV
Thank you Tracy Mac of the Examiner.com for having the interest and taking the time to let me talk a little about Gigity.TV and our mission.
Gigity.TV now at 4000+ Registered Users
We just passed a small milestone and we're grateful to all of our 4000+ viewers for tuning and watching broadcasts. We are soon going to debut our Pay Per View interface so that bands may have a have a new revenue stream, and we have other things in the works too... Stay Tuned!!! And Thanks!!!
Elbo Room Test Broadcast was a Success!
Thank you to The Elbo Room, Brian Bender, Dimitri & Ben (sound engineers), and the bands Dr. Ed & Friends, Cheers Elephant, and Sons of Great Dane. We had a great time coming out and broadcasting this show with our mobile rig. All of the bands, too, brought a different sound to the night. It was all excellent. To watch the broadcast from our archives, click here:
Be sure to write a review too!
Rich Seng (Founder of Gigity.TV)
Viewer Review: Sons Of Great Dane, Cheers Elephant, Doctor Ed
Thank you to The Elbo Room, Brian Bender, Dimitri & Ben (sound engineers), and the bands Dr. Ed & Friends, Cheers Elephant, and Sons of Great Dane. We had a great time coming out and broadcasting this show with our mobile rig. I hope everyone is enjoying the archived footage here. All of the bands, too, brought a different sound to the night. It was all excellent.
Rich Seng (Founder of Gigity.TV)
Gigity Footage Used for Awesome Music Video of UP OFF DOWN by Ivan Ortega
Videographer Ivan Ortega cut this awesome music video using footage both from the 3 stationary Gigity.TV cameras, and from his hand held camera. The end result is that one camera operator truly amplified the effect of the other three Gigity.TV cameras. What a great song too by Up Off Down!
If you are in a band about to play at the Double Door, or anywhere we have Gigity.TV set up, contact Ivan about having him bring-out his camera and shooting you a music video.
Richard Lloyd of TELEVISION, Legends of the 1970's New York Punk Rock Scene, Called Gigity.TV Today
Richard Lloyd is allowing Gigity.TV to broadcast his upcoming show at Chicago's Double Door on Friday, June 15th. Richard is the founding member of Television, regarded as one of the most influential bands of the 1970's New York punk rock scene, alongside the Ramones and the Velvet Underground. Read their Wikipedia article here.
To get an idea of just how influential Television has been, listen to this track "Marquee Moon" from 1974 produced by Brian Eno. You'd think it was written today.
So, this morning Richard called me and I helped him set up his Artist Profile, which we embedded into the Broadcast Page here. Check it out, and if you don't live in Chicago and can't attend this concert in person, be sure to watch the LIVE broadcast.
LIVE from the Empty Bottle on Saturday, April 7th
The Empty Bottle in Ukrainian Village has welcomed us to bring over our new mobile rig and LIVE broadcast their show on Saturday, April 7th. This show is going to be FREE to watch, and it will feature, so far, Mannequin Men and Summer Girlfriends.
It's going to be a lot of fun. Here's the www.gigity.tv/event/211/link to the broadcast page.
Broadcasting Friday, March 30th from the Elbo Room
The Elbo Room in Lincoln Park has welcomed us to bring over our new mobile rig and LIVE broadcast their show on Fridat, March 30th. This show is going to be FREE to watch, and it will feature SONS OF GREAT DANE, CHEERS ELEPHANT, and DR. ED & FRIENDS.
It's going to be a lot of fun. Here's the link to the broadcast page.
Gigity.TV is now at 3600 users!
We're very excited to announce that we now have 3600 registered users at Gigity.TV. These little milestones mean a lot to us and we're very grateful for your support. As we've announced on our homepage, we now have our "mobile rig" finished, and with that, we have been welcomed by the Elbo Room and the Empty Bottle to do some live broadcasts. We are broadcasting from the Elbo Room on Friday, March 30th, and from the Empty Bottle on Saturday, April 7th.
These broadcasts will be FREE, so be sure to tune in and watch! Thanks!
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”).
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.
II. EligibilityThe 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 LicenseThe 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.
IX. Account.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.
XII. Indemnification.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.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.
Gigity.TV Terms of Sale of Broadcast Tickets
These Terms of Sale were last revised on November, 3rd, 2013.
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”).
This terms of sale agreement (this “Terms of Sale”) 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”, “users”, or “Viewer” or “Viewers”), and Gigity.TV regarding your use of the Gigity.TV Service and the purchase of Pay Per View Tickets (PPV Tickets) products, or services from Gigity.TV. The Terms of Service is hereby incorporated into this Terms of Sale by reference. Any terms not defined in this Terms of Sale have their respective meaning as set forth in the Terms of Service.
THESE TERMS OF SALE GOVERN YOUR PURCHASES FROM GIGITY.TV. EVERY TIME YOU MAKE A PURCHASE THROUGH THE GIGITY.TV SERVICES, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS OF SALE.
By purchasing a Pay Per View Ticket (PPV Tickets) through the Gigity.TV Services, you are purchasing a limited, non-transferable, revocable license to participate in the Gigity.TV Services. PPV Tickets can only be used to gain access to a particular broadcast the buyer intends to watch. The license represented by the PPV Tickets may be terminated immediately if your account is terminated for any reason, in Gigity.TV’s sole and absolute discretion, or if Gigity.TV discontinues providing the Gigity.TV Services.
PPV Tickets have no monetary value outside of Gigity.TV, are non-refundable and cannot be used to purchase or use products or services other than in connection with the Gigity.TV Services. You have no property interest in PPV Tickets, which remain the exclusive property of Gigity.TV subject only to your limited, non-transferable revocable license to use in connection with the Gigity.TV Services. Any attempt to sell or transfer PPV Tickets, except as expressly permitted by Gigity.TV, will result in an automatic termination of such license.
Gigity.TV may raise or lower the PPV Ticket price for an upcoming broadcast at any time, but this will not affect previous ticket holders, except in cases where an upcoming broadcast is switched from being PPV, to FREE. In such cases the ticket buyer will automatically receive a refund via a reversal of the charges on their credit card or PayPal account. Additionally, Gigity.TV may change the ways in which PPV Tickets are used, gifted, or transferred, including introducing or discontinuing functionality of the Gigity.TV Services.
Gigity.TV has the absolute right to manage, regulate, control, modify and/or eliminate PPV Tickets as it sees fit in its sole discretion, and Gigity.TV shall have no liability to you or anyone for the exercise of such rights. Note: Situations may arise where an Artist on a performance bill opts-out of being broadcast. In such cases your screen will explain that the broadcast will resume once the band is finshed and the next Gigity.TV Artist takes the stage to perform.
PAY PER VIEW-VIDEO ON DEMAND TICKETS OF ARCHIVED BROADCASTSIf you purchase a regular PPV ticket to watch a LIVE broadcast, and if this broadcast is archived, you automatically receive the additional license to watch the broadcast for a varrying period of time unless otherwise specified. By purchasing a Pay Per View-Video On Demand Ticket (PPV-VOD Tickets) from the Gigity.TV archives, you are purchasing a non-transferable, revocable license to participate in the Gigity.TV Services. PPV-VOD Tickets can only be used to gain access to a particular archived broadcast, but the buyer has unlimited access to watch the content as often as they choose as long as the content remains available to ticket holders. The license represented by the PPV-VOD Tickets may be terminated immediately if your account is terminated for any reason, in Gigity.TV’s sole and absolute discretion, or if Gigity.TV discontinues providing the Gigity.TV Services.
PPV-VOD Tickets have no monetary value outside of Gigity.TV, are non-refundable and cannot be used to purchase or use products or services other than in connection with the Gigity.TV Services. You have no property interest in PPV-VOD Tickets, which remain the exclusive property of Gigity.TV subject only to your limited, non-transferable revocable license to use in connection with the Gigity.TV Services. Any attempt to sell or transfer PPV-VOD Tickets, except as expressly permitted by Gigity.TV, will result in an automatic termination of such license.
Gigity.TV may raise or lower the PPV-VOD Ticket price for an archived broadcast at any time, but this will not affect previous ticket holders. Gigity.TV may also make archived broadcasts FREE through advertising. Additionally, Gigity.TV may change the ways in which PPV-VOD Tickets are used, gifted, or transferred, including introducing or discontinuing functionality of the Gigity.TV Services.
Gigity.TV has the absolute right to manage, regulate, control, modify and/or eliminate PPV-VOD Tickets as it sees fit in its sole discretion, and Gigity.TV shall have no liability to you or anyone for the exercise of such rights.
SYSTEM REQUIREMENTSBy purchasing any live or archived PPV broadcasts, you acknowledge that you have reviewed our System Requirements and have confirmed that your device meets the requirements.
It is strongly reccomended that you preview one of our many Free Broadcasts if you are concerned about your device meeting our system requirements before purchasing a PPV ticket.
REFUND POLICYYou agree that the purchase of PPV and PPV-VOD Tickets are final. PPV and PPV-VOD Tickets are non-refundable, and non-returnable except at Gigity.TV’s sole and absolute discretion. If Gigity.TV decides to grant a refund, the ticket holder will receive a reversal of the charges on their credit card or PayPal account. Gigity.TV is receptive to granting a refund based only on the following reasons:
1. If a broadcast (or a particular artist you intended to watch) cancelled, or rescheduled.
2. If there are disruptions to the live stream provided that:
A) it is determined to be the fault of Gigity.TV, its equipment, and/or the Broadcast Partner.
B) it is universal to all viewers of that broadcast.
C) it lasts for more than a total of 20 minutes.
It will also be at Gigity.TV discretion to grant a partial refund in the event that a LIVE broadcast was corrupted, but the archiving of that broadcast was not. In such cases Gigity.TV may choose to refund the difference between the PPV Ticket Price and the PPV-VOD Ticket Price.
If a Gigity.TV staff member notices a user engaging in lewd, disruptive, or hateful dialogue in the live stream chat room, Gigity.TV reserves the right to cancel the user’s broadcast, user account, or to revoke the user's access to the chat room on either a temporary or permanent basis. Such users will not be entitled to a refund under any circumstances.
If you would like to apply for a refund, you must do so within 24 hours after the start of the scheduled broadcast. Please contact Gigity.TV Refunds with a thorough description of your claim.
GIGITY.TV MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIGITY.TV SERVICES.
We may change this Terms of Sale, in whole or in part. Any such changes will not affect previously acquired PPV or PPV-VOD Tickets unless otherwise expressly stated. Please check this Agreement periodically for changes as notice of all changes to this Terms of Sale shall be made via a news announcement on the Gigity.TV Web site. Your continued use of the Gigity.TV Service after the posting of changes constitutes your binding acceptance of any changes.
These Terms of Sale 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 Sale 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 Sale is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms of Sale to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms of Sale, 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 Sale shall be void.
Upon termination of the Terms of Sale, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.