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 Grant
In 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 Venues
To 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 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!
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
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!
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!!!
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)
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.
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/
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.
Here's the link to the article.
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!!!
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)
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)
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 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.
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.
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.
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!
Terms of Sale
This Terms of Sale was last revised on February, 22nd, 2012.
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.
PAY PER VIEW TICKETS
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 BROADCASTS
If 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 an unlimited period, 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. 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.
You 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 System Requirements
To fully enjoy a Gigity.TV broadcast, be sure that your computer or device meets the Gigity.TV System Requirements. If you purchase a ticket before considering and testing these requirements, Gigity.TV is not responsible and will not consider the issuance of a refund. Furthermore, Gigity.TV is not responsible for stream disruptions that are the fault of the viewer's internet service provider.
1) Internet Connection: To watch Gigity.TV Broadcasts, you must have a high speed Internet connection with a download speed of at least 3mbps. Test your connection speed.
2) Supported Operating Systems: Windows XP, Windows Vista, Windows 7, Mac OS, Android (Froyo or higher w/ Flash Player), and some Internet Enabled Televisions
3) Apple iPod, iPhone, and iPad are NOT currently supported.
4) Android user may experience low frame rates, and frequent buffering due to lack of device processing power and limited mobile network speeds.
5) Supported Browsers: Works best in Chrome, Firefox and Safari. Runs well in IE 7 and above. (IE 64-bit version is not currently supported due to lack of Flash Player support)
6) Flash Player: You must have the latest version of Flash Player installed to watch Gigity.TV broadcasts. See if your Flash Player is up to date
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.