Terms of Service
These Terms and Conditions were last modified on November 10, 2019.
1. Terms
By accessing the website at https://giggum.com/, https://gig.to or any GigGum tour site, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing this site or service. The materials contained in this website are protected by applicable copyright and trademark law.
GigGum may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
You can review the most current version of the Terms of Service at any time at this page.
2. Changes to these Terms
GigGum may make changes to any products or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice. For instance, we may need to change these Terms if we come out with a new feature or for some other reason. Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check GigGum for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
3. Privacy Policy
For information about how we collect and use information about users of the Service, please check out our privacy policy available at https://giggum.com/privacy-policy/.
4. Third-Party Services
From time to time, we may provide you with links to third-party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party.
Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website or service that you visit or use.
5. Disclaimer
The materials on GigGum's websites are provided on an 'as is' basis. GigGum makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, or non-infringement of intellectual property or other violation of rights.
Further, GigGum does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
6. Limitations
In no event shall GigGum or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on GigGum's websites, even if GigGum or a GigGum authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Accuracy of Materials
The materials appearing on GigGum's websites could include technical, typographical, or photographic errors. GigGum does not warrant that any of the materials on its website are accurate, complete or current. GigGum may make changes to the materials contained on its website at any time without notice. However, GigGum does not make any commitment to update the materials.
8. Links
GigGum has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GigGum of the site. Use of any such linked website is at the user's own risk.
Third-party links on this site and service will direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. Emails
By subscribing to an email list on one of our sites you agree to receive email from us. The aim of our service is to keep fans and visitors updated about new tour dates or other related news. The emails and information is part of GigGum's system and will not be shared or sold to third parties for any purpose. Subscription to this service is not mandatory.
10. Artists or bands
If you are an artist or band (The “End-user(s)”) or represent an end-user(s), you can add the end-user(s) name and URL to your GigGum-account if the end-user(s) and URL have not been claimed before by a GigGum client before. If the end-user(s) and URL already exist in our system you will need to acquire the end-user(s) from the other GigGum client by requesting access to the end-user(s). Your request will be reviewed by the GigGum team and you will be gained or denied access to the end-user(s) and URL. All previous tour data will be associated with the individual end-user(s) and URL will be accompanied.
11. Your content and Conduct
GigGum allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.
Also, you agree that you will not do any of the following in connection with GigGum or other users:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service.
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity.
Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service.
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
12. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Denmark and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
13. Fees and Payments
The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized GigGum to charge the subscription fee to the Credit Card last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
If payment for your subscription is not observed, it will cause the account and tour pages to become inactive without further notice. GigGum cannot be held accountable for the economic consequences of this in any way.
Your account, tour sites etc. will first be re-activated when the payment is received.
14. Modifications to the Service and prices
Prices for our products and service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
15. Feedback and other Submissions
If at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any feedback that you forward to us. We are and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feedback; or (3) to respond to any feedback.
16. Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17. Disclaimer of warranties; Limitation of Liability
GigGum does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GigGum, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
18. Indemnificationy
You agree to indemnify, defend and hold harmless GigGum and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
19. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
20. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21. Trademark
GigGum, GigGum logo, the names of individual Services and their logos are trademarks of GigGum Corporation. You agree not to display or use, in any manner, the GigGum trademarks, without GigGum’s prior permission.
22. Contact information
Questions about the Terms of Service should be sent to us at support@giggum.com.