Welcome to Our site, gignote.io (the "Site"). This site is maintained as a service to our customers ("you"). By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site. These Terms are subject to change at any time, so please monitor this page regularly.
Name of Site Operator: GigNote, LLC ("We", "Us", "Our")Operator E-mail Address: firstname.lastname@example.org
Effective Date: October 1, 2022
This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of the Site. This Agreement may be modified at any time by Us by posting the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the address of this page you are now viewing. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Services Provided Through The Site and Your Responsibilities.
GigNote is a platform for musicians to connect with each other! We accomplish this by allowing the creation of gigs on the Site and providings other means of artists meeting and coordinating with each other such as group chats.
3. Intended Audience; Responsible Use.
This website is not intended for any children under the age of 18. The Site is intended only to serve as a platform for musicians to find and create events. You understand and agree that you are solely responsible for your actions and decisions in using the services provided on the Site. You understand that We do not perform psychological testing or background checks on the individuals who may use the Site's services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by the Site, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place. When you use The Site, you may incur charges from your mobile telecoms provider and/or your internet service provider. You acknowledge that you are solely responsible for any such charges. You must use only the contact information provided above when you require support for your use of this Site.
- 5.1All content included on this site is and shall continue to be owned by Us or Our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. You may use this Site only as expressly permitted in this Agreement. Any other use, including copying, redistribution, or publication of any content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content on the Site by or through your use of this Site. By posting submissions to the Site you represent that you have the right to transfer all rights to such information, and you so transfer those rights to Us, for use, duplication, display, and performance by Us on the Site and in Our promotional materials. That transfer of rights is made perpetual and royalty-free.
- 5.2If You provide Us with any suggestions for changes in the Site or the content, form or presentation of the outputs of the Site, and We implement those changes, We will own all rights and title to those changes the underlying software and other tools required to implement those changes.
6. Grant Of Limited License To Use The Site.
We grant you a limited, revocable, nonexclusive license to use this site solely for your own personal or corporate use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use Our materials, products, or services in violation of any law. The use of this website is at Our sole discretion and We may terminate your use of this website at any time.
7. Compliance with Laws; Indemnification.
- 8.1.NO WARRANTY. THE INFORMATION ON THIS SITE, AND THIS SITE'S FUNCTIONALITY, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
- 8.2.Do Not Rely on the Site. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from Us.
- 8.3.Warning re: Offensive Information. It is possible that other Site clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside Our control, have access to personal information about you. We (including Our employees, agents, affiliates, licensees, and web hosting services) are not responsible for these transmissions or for the release of such information by others about you.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY BREACH OR DEFAULT OF THIS AGREEMENT BY US SHALL BE A RETURN OF ANY FEES PAID TO US FOR ANY SERVICES PROVIDED UNDER THIS AGREEMENT.
You may have additional rights under certain laws that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- 10.1.Applicable Law. You agree that the laws of the state of Virginia, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Us or Our affiliates.
- 10.2.Dispute Resolution. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Virginia without regard to the conflicts of law principles thereof. Any and all claims, controversies or disputes arising out of or in connection with this Agreement shall be resolved in accordance with this Section. For any such action, suit or proceeding, the parties consent to the exclusive jurisdiction of the U.S. District Court for the Eastern District of Virginia (subject to the statutory basis for federal jurisdiction) or the Fairfax County Circuit Court. The parties waive any objection to the laying of venue for any suit, action or proceeding in such courts. The parties waive any right they might have to a trial by jury in any such suit, action or proceeding. The substantially prevailing party in any action shall be entitled to recover its reasonable costs and attorneys' fees from the other party.The terms of this sub-Section will survive the expiration or termination of this Agreement.
- 10.3.Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- 10.4.Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Us must be in writing and signed by Our authorized representative.
- 10.5.Termination. We may terminate your license to use the Site at any time, with or without notice, for any reason.
- 10.6.Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- 10.7.Assignment. We may assign Our rights and delegate Our duties hereunder at any time.