GigCave.com Members Terms of Use Agreement

Welcome to GigCave.com, a service that provides all types of musicians with access to professional-level, online resources, operated by Piping Rock Publishing, LLC (“GigCave.com”). By using the GigCave.com Website, (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of GigCave.com (“Member”). If you wish to become a Member and make use of the GigCave.com service (the “Service”), please read these Terms of Use. If you object to anything in this Agreement or the GigCave.com Privacy Policy, do not use the Website or the Service.

1. Acceptance of Terms of Use Agreement.

a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by GigCave.com.com from time to time, such modifications to be effective upon posting by GigCave.com on the Website. This Agreement includes GigCave.com's Acceptable Use Policy for Content Posted on the Website, GigCave.com's Privacy Policy, and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.

b. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please contact us at gigcave@gmail.com online.

c. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. i. Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current login information. This means that you will not have the right to use the Service unless and until we issue you new login information. We will issue you new login information only after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please contact us at gigcave@gmail.com. ii. Effective Timing. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.

d. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

2. Eligibility.

You must be at least thirteen (13) years of age to register as a member of GigCave.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Membership.

3. Term.

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “Account Settings” on the login page, or you may contact us at gigcave.gmail.com online. If you resign or cancel your membership and/or subscription via the GigCave.com site, to help GigCave.com analyze and improve the Service, you may be asked to provide a reason for your resignation or cancellation. You may bypass this brief resignation survey page and continue the resignation/cancellation process by clicking the “Continue Cancellation” or other similar button on the page. GigCave.com may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to GigCave.com. All decisions regarding the termination of accounts shall be made in the sole discretion of GigCave.com. GigCave.com is not required to provide you notice prior to terminating your membership. GigCave.com is not required to, and may be prohibited from, disclosing a reason for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5. Account Security.

You are responsible for maintaining the confidentiality of the login information that you designate during the Registration process, and you are fully responsible for all activities that occur under your login. You agree to (a) immediately notify GigCave.com of any unauthorized use of your login information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GigCave.com shall not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your login or other information.

6. Content owned by GigCave.com.

Proprietary Rights. GigCave.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of GigCave.com and its affiliates. Except for that information in which you own a copyright, which is in the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

7. Content Posted by You on GigCave.com.

a. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on GigCave.com. You will not post any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

b. You understand and agree that GigCave.com may review and delete any content (including songs, pictures, and videos), in whole or in part, that in the sole judgment of GigCave.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

c. By posting content to any public area of GigCave.com, you automatically grant, and you represent and warrant that you have the right to grant, to GigCave.com, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use such content in connection with the Website. You further represent and warrant that public posting and use of your content by GigCave.com will not infringe or violate the rights of any third party.

d. The following is a partial list of the type of content that is illegal or prohibited on the Website. GigCave.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending content and terminating the membership of such violators. It includes, but is not limited to, content that:

• is patently offensive, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• promotes information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• promotes an illegal or unauthorized copy of another person's copyrighted work;

• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

e. Your use of the Website, including but not limited to the content you post on GigCave.com, must be in accordance with any and all applicable laws and regulations.

8. Prohibited Activities.

GigCave.com reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way that could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website:

a. You will not impersonate any person or entity.

b. You will not “stalk” or otherwise harass any person.

c. You will not express or imply that any statements you make are endorsed by Gigcave.com without our specific prior written consent.

d. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

e. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

f. You will not remove any copyright, trademark or other proprietary rights notices contained on the Website.

g. You will not interfere with or disrupt the Website, its servers, or networks connected to the Website.

h. You will not post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

i. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.

j. You will not “frame” or “mirror” any part of the Website, without GigCave.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to GigCave.com in order to direct any person to any other web site for any purpose.

k. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so.

9. Customer Service.

GigCave.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Communications between you and our customer care representatives may be recorded and/or retained for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.

GigCave.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that GigCave.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

10. Modifications to Service.

GigCave.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that GigCave.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

11. Blocking of IP Addresses.

In order to protect the integrity of the Website, GigCave.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

12. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. GigCave.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: gigcave@gmail.com.

13. Privacy and Communications.

Use of the Website is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the GigCave.com Privacy Policy for more information regarding these communications.

14. Disclaimers.

a. GigCave.com is not responsible for any incorrect or inaccurate content posted on the Website, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service. GigCave.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications or content. GigCave.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will GigCave.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or from any content posted on the Website or transmitted to Members. The Website is provided “AS IS” and GigCave.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GigCave.com cannot guarantee and does not promise any specific results from use of the Website.

b. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. GigCave.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website.

15. Links.

The Website or third parties may provide, links to other World Wide Web sites or resources. Because GigCave.com has no control over such sites and resources, you acknowledge and agree that GigCave.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GigCave.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods, or services available on or through any such site or resource.

16. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will GigCave.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from your use of the Web site, even if GigCave.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GigCave.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GigCave.com during the term of membership.

17. U.S. Export Controls.

Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18. Arbitration and Governing Law.

a. Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against GigCave.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against GigCave.com any class action, class arbitration, or other representative action or proceeding.

b. Notice of Rights. By using the Website in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and GigCave.com (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For further information regarding the arbitration procedure, please see the American Arbitration Association’s website at http://www.adr.org/arb_med.

a. Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GigCave.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Nassau County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

b. Governing Law. This Agreement, and any dispute between you and GigCave.com, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

19. Indemnity by You.

You agree to indemnify and hold GigCave.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

20. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

21. Other and Amendments.

This Agreement contains the entire agreement between you and GigCave.com regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by GigCave.com at any time. The revised terms will be effective upon posting on the GigCave.com website and your use of the Website after such posting will constitute acceptance by you of the revised Agreement.

Please contact us with any questions regarding this agreement. GigCave.com is a trademark of Piping Rock Publishing LLC