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.
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 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 REQUIREMENTS

By 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 POLICY

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.

MISCELLANEOUS

No Warranty

GIGITY.TV MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIGITY.TV SERVICES.

Amendments

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.

Governing Law

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.

Jurisdiction

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.

Severability

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.

Assignment

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.

Survival

Upon termination of the Terms of Sale, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.