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. Scheduling a broadcast is a one minute process, and then our platform?distributes the streams, archives the footage for video on demand, collects Pay Per View revenue (if required), prorates advertising revenue (if applicable),?disburses all stakeholders' shares?via PayPal, and creates an environment where fans energize and contribute to?the broadcasts with live chatting, social network promoting, and the Gigity.TV mobile streaming iPhone app.
The terms on a broadcast are transparent to all financially vested parties, and artists retain all rights and ownership of their footage, and that upon request we will remove their content from the on-demand archives. However, for as long as the artists allow us to feature their performances, we have permission to monetize the content?for the benefit of the artists, the venue 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 profits?Gigity.TV will deposit into your payments account.
Other parties affiliated with a streamed event are the artists and “contributors”. Contributors are venue attendees, and others,?who contribute to a broadcast using the Gigity.TV live streaming & archiving mobile app. These contributors are volunteering their services with 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.
To sign (checkbox) this document you will also have access to Gigity.TV as a regular viewer, and are subject to the general Terms of Service
and Terms of Sale
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 contribute 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 discretion 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 administrators also have these permissions, but artists are asked to contact the venue with their concerns and questions.
Broadcasts will be either free, or?pay per view. 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. By default, Gigity.TV’s set percentage of the profits is 25%, 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 initiate 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 read and checkbox the 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 publicly 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 request to?have it embedded into the archive. The "request" button is located at the bottom of every broadcast page.
The standard percentage earmarked as payment to Gigity.TV from Pay Per View Ticket sales is 25% of the profits. The profits are 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 is $5 and there are 115 ppv ticket?buyers, and, where the venue receives 25% of the profits, Artist A (30%), Artist B (13%), and Artist C (7%).
Revenue: 115 @ $5 = $575
After deducting $1 per ticket to cover the fixed expenses, the profit of $460 is divided as such:
Gigity.TV (25%) = $115
Venue (25%) = $115
Artist A (30%) = $138
Artist B (13%) = $59.80
Artist C (7%) = $32.2
After a pay per view event, the venue decides for how long the pay wall stays in place to watch the archives. If a viewer purchases a ppv ticket they will have ongoing access to this archive for a limited time, or indefinitely. 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 and/or?unexpected?
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.