Last updated 25th June 2019
Hi, we are Gigit!
Let us introduce ourselves first. We are Gigit B.V. (“Gigit”, “us” or “we”). A company based in The Netherlands. We love live music, laws and regulations. Naaa… maybe just live music. But we understand why all these laws and regulations exist and why they are important, so obviously we are committed to comply with all applicable Dutch and European laws and regulations
Here we go...
1. Acceptance of Terms
These Terms may be revised at any time for any reason, and Gigit may provide you notice of these changes by any reasonable means, including by providing notice through the App or website. You can determine when we last updated the terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the App, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page to review these Terms. If you do not agree to the revised Terms, you may not access or use the App.
2. Registration and Personal Data
In order to access and use certain areas or features of the App, you will need to register for an account. Each registration is for a single user only.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the App on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the App or your account. Any changes to your registration information may be made by sending such changes to firstname.lastname@example.org. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the App.
By creating an account, you also consent to receive electronic communications from Gigit (e.g., via email or by posting notices to the App or website). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
3. License to Access and use the App and Content
Unless otherwise indicated in writing by us, the App and all content and other materials contained therein, including, without limitation, the Gigit logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Gigit or our licensors or users, as applicable, and are protected by European copyright.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the App and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the App or Content under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the App or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the App or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the App or Content, except as expressly permitted by us, (f) use the App to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the App or servers or networks used in connection with the App; or (h) use the App or Content other than for their intended purposes.
Any use of the App or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Gigit or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
The Gigit logo, and any other Gigit product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the App are the property of Gigit or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the App shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Gigit or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.
6. User Content
We do not claim ownership of your content, but you grant us a license to use it within the Gigit Service and the App. We love great content, so we might also want to use your content for marketing and communication purposes. But in that case we will always ask you for permission.
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the App and Service. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the App. If you choose to submit to us, or otherwise make any user content publicly available, you do so at your own rist and we shall have no liability therefor.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the App.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored in the App at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the App at your sole cost and expense.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Gigit, the App or the services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Gigit. Gigit shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8. Linked Sites
We have not reviewed all of the websites linked to the App and are not responsible for the content of any third-party pages, any other websites linked to the App, or any products or services offered by third parties linked to the App. Nothing in the App, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Gigit. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Gigit reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Gigit. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
You shall indemnify, hold harmless, and, at Gigit’s option, defend Gigit from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Gigit resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the App, any User Content that you Transmit to or through the App, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the App or any of its features. You further agree that Gigit shall have control of the defense or settlement of any third party claims, unless Gigit exercises its option to require you to defend Gigit. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Gigit.
THE APP AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GIGITDOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE APP; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE APP. IN ADDITION, GIGIT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
GIGIT DOES NOT REPRESENT OR WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVER THAT MAKES THE APP AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. GIGIT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE APP IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. GIGIT DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND GIGIT SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE APP AND SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP AND THE SERVICE.
11. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGIT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE APP (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM GIGIT, OR FROM EVENTS BEYOND GIGIT’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GIGIT RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GIGIT ARISING OUT OF OR IN ANY WAY RELATED TO THE APP EXCEED THE AMOUNT PAID TO GIGIT FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE GIGIT’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
12. Modifications to the App
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the App (or any features or parts thereof) at any time.
13. Special Admonitions for International Use
Gigit is based in The Netherlands. Our business operations are located in the Netherlands and we store our data on servers in the European Economic Area (EER). We are committed to comply with all applicable Dutch and European laws and regulations.
This Site is hosted in the United States of America. If you are located outside of Europe and you contact us, please be advised that any information you provide to us will be transferred to Europe and that by submitting information, you explicitly authorize such transfer.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the App at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
15. Governing Law and Jurisdiction
Gigit operates the App from Europe. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by European laws and regulations.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Gigit at the following contact: email@example.com. Any notices to you may be made via either e-mail or postal mail to the address in Gigit’s records or via posting on the App. Please report any violations of these Terms to Gigit at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
18. Procedure for Making Claims of Copyright Infringement
We expect users of the App to respect the intellectual property rights of others. If you believe in good faith that any of the content in the App infringes your copyright, you can report this by sending an e-mail to firstname.lastname@example.org
These Terms constitute the entire agreement between you and Gigit relating to your access to and use of the App and the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Gigit. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Gigit’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.