Last Modified Date: Sept 13, 2011

Welcome to Gigstarz.com!

The Gigstarz Platform provides content streaming and social networking services for the sharing and/or sale of content and video chat on the Internet and via mobile devices (the "Services") by our users through our website accessible at www.gigstarz.com (the "Site").  Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service and the other policies posted on the Site or made available via the Service govern your access to and use of the Site and Services, including any content, information, products or services therein.

These Terms of Service are a legal agreement between you, an individual user of at least 13 years of age or a single entity ("You" or, collectively, "Users"), and Gigstarz Media LLC. and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "Gigstarz.com Users"). The Gigstarz.com Acceptable Use Policy ("AUP") is incorporated herein by reference and to the extent that there are any conflicts between the terms or conditions of our AUP and these Terms of Service, the terms and conditions of these Terms of Service will govern.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SOFTWARE, DATA FEEDS, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"), GIGSTARZ.COM PRIVACY NOTICE, FOUND AT ( http://www.gigstarz.com/privacy.aspx) AND INCORPORATED HEREIN BY REFERENCE, AND GIGSTARZ.COM'S COMMUNITY GUIDELINES, FOUND AT (URL to guidelines), AND ALSO INCORPORATED HEREIN BY REFEERENCE.  IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.   IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE GIGSTARZ.COM SERVICE.

If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.gigstarz.com/terms.aspx). Gigstarz.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

1. Service
2. Eligibility
3. Gigstarz.com Service License Grant
4. Your Content and Conduct
5. Termination or Suspension of the Site or Service & modification of these Terms of Service
6. Digital Millennium Copyright Act
7. Sweepstakes and Contests
8. Third Party Sites, Products and Services, Links
9. Fees
10. Warranty and Disclaimer
11. Limitation of Liability
12. Indemnity
13. Refunds
14. Ability to Accept Terms of Service
15. Assignment
16. General
17. Contact us

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Gigstarz.com, including but not limited to all products, software and services offered via the Gigstarz.com website, such as the Gigstarz channels, the Gigstarz "Shopping Cart System", the Gigstarz "Web Mail System", the Gigstarz "Embeddable Player," the Gigstarz "Uploader" and other applications.

The Service may contain links to third party websites that are not owned or controlled by Gigstarz Media LLC. Gigstarz.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Gigstarz.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Gigstarz Media LLC from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy notice of each other website that you visit.

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a Gigstarz.com account. To become a Member you must be at least 13 years of age. The Gigstarz.com Service is not available to persons under the age of 13 or to any users previously suspended or removed from the Gigstarz.com Service by Gigstarz.com. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE GIGSTARZ.COM SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE GIGSTARZ.COM SERVICE.

When you register, you will be asked to choose a username and a password. When creating your account and at all other times, you must provide accurate and complete information. You may never use another's account without permission. You are solely responsible for safeguarding your password and for the activity that occurs on your account, and you must keep your account password secure never disclosing your password to any third party. You must notify Gigstarz.com immediately of any breach of security or unauthorized use of your account.

If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms of Service or your use of the Site and Services. Our Privacy notice contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Gigstarz.com Users.

Although Gigstarz Media LLC. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Gigstarz Media LLC. or others due to such unauthorized use.

Gigstarz.com hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access and use the Website and the Service as set forth in these Terms of Service, provided that: (i) your use of the Website and the Service is permitted solely for use on platforms specified by Gigstarz.com; (ii) you will not copy, alter, distribute, prepare derivative works of, display, perform, transmit, sell, license or otherwise exploit any part of the Website or the Service in any medium without prior written authorization, except that you may copy portions of the Service as needed to download, install and run client software as provided by Gigstarz.com with the Service; (iii) you will otherwise comply with the terms and conditions of these Terms of Service; (iv)If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Gigstarz.com website; (v) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Gigstarz.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Notwithstanding the foregoing, Gigstarz.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gigstarz.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content; (vi) In your use of the Service, you will comply with all applicable laws.

Content is uploaded at your own risk. Gigstarz.com cannot guarantee that there will be no unauthorized copying or distribution of content nor will Gigstarz.com be liable for any copying or usage of the content not authorized by Gigstarz.com.

License Grant to View by Streaming.

If you sign up for an Account, subject to your compliance with this Terms of Service, Gigstarz.com hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to view by streaming content solely through the Gigstarz.com Service subject to the license under which such content is distributed.

Reservation of Rights.

Gigstarz.com reserves all rights not expressly granted in this Terms of Service.

Prevention of Unauthorized Use.

Gigstarz.com reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Gigstarz.com Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

As a Gigstarz.com account holder you may submit Content to the Service, including videos, product reviews and user comments. You understand that Gigstarz.com does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Gigstarz.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Gigstarz.com, you hereby grant Gigstarz.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Gigstarz's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Gigstarz.com may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Gigstarz.com all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to the Gigstarz.com Community Guidelines, currently found at http://www.url to guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Gigstarz.com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Gigstarz.com expressly disclaims any and all liability in connection with Content. Gigstarz.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Gigstarz.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Gigstarz.com reserves the right to remove Content without prior notice.

PROHIBITED CONDUCT

BY USING THE GIGSTARZ.COM SERVICE YOU AGREE NOT TO:

1. use the Gigstarz.com Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Gigstarz.com Service as such services are offered by Gigstarz.com;


2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);


3. post, upload, or distribute any defamatory, libelous, or inaccurate content;


4. post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;


5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Gigstarz.com Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Gigstarz.com Service, or perform any other similar fraudulent activity;


6. delete the copyright or other proprietary rights on the Gigstarz.com Service or content;


7. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Gigstarz.com Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;


8. use the Gigstarz.com Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;


9. defame, harass, abuse, threaten or defraud Users of the Gigstarz.com Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;


10. use the Gigstarz.com Service if you are under the age of thirteen (13) years old;


11. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Gigstarz.com Service or content, features that prevent or restrict use or copying of any content accessible through the Gigstarz.com Service, or features that enforce limitations on the use of the Gigstarz.com Service or content;


12. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Gigstarz.com Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;


13. modify, adapt, translate or create derivative works based upon the Gigstarz.com Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;


14. intentionally interfere with or damage operation of the Gigstarz.com Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;


15. relay email from a third party's mail servers without the permission of that third party;


16. use any robot, spider, scraper, or other automated means to access the Gigstarz.com Service for any purpose or bypass any measures Gigstarz.com may use to prevent or restrict access to the Gigstarz.com Service;


17. manipulate identifiers in order to disguise the origin of any content transmitted through the Service; or


18. interfere with or disrupt the Gigstarz.com Service or servers or networks connected to the Gigstarz.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Gigstarz.com Service.

Gigstarz.com reserves the right, in its sole discretion, for any or no reason, and without penalty, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without advance notice.  All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Gigstarz.com account. By continuing to access or use the Site and Services after Gigstarz.com makes any such revision, you agree to be bound by the revised Terms of Service.

You may terminate your Gigstarz.com account at any time and for any reason by discontinuing use of any and all parts of the Gigstarz.com Service.

Without limiting other remedies, Gigstarz.com may immediately terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. In addition, Gigstarz.com may notify authorities or take any actions it deems appropriate, without notice to you, if Gigstarz.com suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Gigstarz.com; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Gigstarz.com Users, Gigstarz.com or any other third parties or the Site or Services.

Gigstarz.com may also in its sole discretion and at any time discontinue providing access to the Gigstarz.com Service, or any part thereof, with or without notice. You agree that any termination of your access to the Gigstarz.com Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Gigstarz.com will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gigstarz.com may have at law or in equity. As discussed herein, Gigstarz.com does not permit copyright infringing activities on the Gigstarz.com Service, and will terminate access to the Gigstarz.com Service, and remove all content submitted by any Users who are found to be repeat infringers. 

After any termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Gigstarz.com is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Gigstarz.com will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to Gigstarz.com under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Gigstarz Media LLC. respects artist and content owner rights.  It is Gigstarz.com's notice to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA").

Please note that Gigstarz.com will promptly terminate without notice any User's access to the Gigstarz.com Service if that User is determined by Gigstarz.com to be a "repeat infringer." A repeat infringer is a User who has been notified by Gigstarz.com of infringing activity violations more than twice and/or who has had their any user-submitted content removed from the Gigstarz.com Service more than twice.

In addition, Gigstarz.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):


1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;


3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;


4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;


5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and



6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   Gigstarz.com's designated Copyright Agent to receive notifications of claimed infringement is DMCA Claims, Gigstarz Media LLC, 1849 South Ocean Dr., Suite 914 Hallandale, FL 33009, email: copyright@gigstarz.com, fax: --- --- ----. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Gigstarz.com customer service through the Contact Us page .

   You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
   
   
   1. Your physical or electronic signature;
   
   
   2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
   
   
   3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
   
   

   4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Hallandale, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Copyright Agent, Gigstarz.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Gigstarz's sole discretion.

   
   

Gigstarz.com may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site or Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site or Services, as they may contain additional important information about Gigstarz.com's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.

The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that Gigstarz.com is not responsible or liable for the availability or accuracy of, and Gigstarz.com does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

All products sold through the Gigstarz Platform will be subject to a platform processing fee.

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GIGSTARZ MEDIA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

GIGSTARZ.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

GIGSTARZ.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GIGSTARZ.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL GIGSTARZ MEDIA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT GIGSTARZ MEDIA LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Gigstarz Media LLC. from its facilities in the United States of America. Gigstarz.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Gigstarz.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gigstarz.com without restriction.

You agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Gigstarz.com, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and Gigstarz.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hallandale County, Florida.

These Terms of Service, together with the Privacy Notice at www.gigstarz.com/privacy.aspx and any other legal notices published by Gigstarz.com on the Service, shall constitute the entire agreement between you and Gigstarz.com concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Gigstarz.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Gigstarz.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND GIGSTARZ.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Please contact Gigstarz.com with any questions or comments about these Terms of Service, your personal information, and our third-party disclosure practices or your consent choices by using our contact form located here or via postal mail at:

Gigstarz Media LLC

1849 South Ocean Drive, Suite 914
Hallandale, FL 33009
privacy@gigstarz.com.

We will respond to your inquiry within 30 days of its receipt.

Gigstarz Store

TERMS OF SALE

U.S. SALES ONLY

Purchases or rentals (as applicable) from the Gigstarz Store are available to you only in the United States, its territories, and possessions, and are not available in any other location. You agree not to use or attempt to use the Gigstarz Store from outside of the available territory. Gigstarz Media LLC. may use technologies to verify such compliance.

SALES TO END USERS ONLY

The Gigstarz Store sells and rents (as applicable) products ("Products") to end user customers only.

REFUND POLICY

Gigstarz Media LLC values all members both sellers and buyers of paid content.  In order to provide a fair and balanced platform for the proliferation of truly valuable content certain steps have been taken to ensure the satisfaction of all users interacting with the Gigstarz platform.  Refunds for purchases made through the Gigstarz Store shall be made at the sole discretion of the Gigstarz arbritration team using the following terms as guides.

All Sales and rentals (as applicable) are final except in the instances specifically described herein.

1) INCOMPLETE PAID  LIVE PERFORMANCES: Should a live performance not reach a minimum of approximately 75% of the designated time length entered by the performer, the buyers of the live performance will be refunded.  If the Gigstarz Arbitration team investigates the cause and deems a refund unnecessary then no refund will be processed..

2) FRAUDULENT PAID LIVE / ARCHIVED PERFORMANCES: Should the performer commit a clear case of fraudulent content then the purchaser will be refunded.

PAYMENT METHODS

The Gigstarz Store accepts credit cards or payment through your PayPal account. If a credit card company, or your PayPal account, is being used for a transaction, Gigstarz Media LLC. may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or rental (as applicable) or shortly thereafter.

The Gigstarz Store accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

PLEASE NOTE

Debit cards and check cards have daily spending limits that may prevent the processing of your order.

If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.

BILLING

If you use the Shopping Cart functionality, you will have one order that authorizes and bills as a single transaction.

SALES TAX

Gigstarz Store transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased or rented (as applicable) digital content is viewed or downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the Gigstarz Store.

PRE-ORDERS

By pre-ordering Products, you are authorizing the Gigstarz Store to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available, by going to your Account page and clicking My purchases.

MOVIE RENTALS

Movies are viewable only on your Mac or Windows computer, Flash compatible mobile devices with Internet Access or on TVs with Internet Access. Movies in high definition resolution (HD) are viewable only on your Mac or Windows computer, Flash compatible mobile devices with Internet Access or TVs with Internet Access. TV. Movies are viewable only on one device at a time.

You may move movie rentals between your Mac or Windows computer and other compatible devices, but not directly between two computers or between two such other compatible devices.

You have thirty (30) days after downloading a movie to begin viewing. Once you begin viewing, you have twenty-four (24) hours to view the movie (the “Viewing Period”). You may view the movie an unlimited number of times during the Viewing Period. Movies are not viewable after the thirty (30) day period. Stopping, pausing or restarting a movie does not extend the available time for viewing.

Broadband Internet connection required.

PRICES

The Gigstarz Store endeavors to offer you competitive prices on current selections howeer prices for individual products are determined by the individual publishers. Your total price will include the price of the Product in effect on the day of download. Gigstarz Media LLC. reserves the right to change prices for Products offered at the Gigstarz Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

CONTENT AVAILABILITY

The Gigstarz Store makes every effort to provide a broad content offering. For this reason, Gigstarz Media LLC. reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact Gigstarz Store Customer Service for assistance in such cases (see below).

FOR ASSISTANCE WITH ORDERS - Gigstarz Store CUSTOMER SERVICE

For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: http://www.Gigstarz.com/support/store/. If you cannot find the answers you are seeking in our robust knowledge base, you can contact us by visiting the following URL http://www.Gigstarz.com/support/store/, clicking on the appropriate Customer Service topic, then using the contact button or email form at the bottom of the page. Responses to emails will be provided as soon as possible.

CONTENT USAGE RULES

Your use of any Products purchased or rented (as applicable) from the Gigstarz Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.

OTHER TERMS AND CONDITIONS

Gigstarz Media LLC. is not responsible for typographic errors.

Gigstarz Media LLC. reserves the right to change the terms and conditions of sale at the Gigstarz Store at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

All transactions on the Gigstarz Store are governed by Florida law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in Florida upon electronic transmission to the recipient. No Gigstarz Media LLC. employee or agent has the authority to vary any of the Gigstarz Store's policies or the terms and conditions governing any sale.

Last updated: August 25, 2010