Welcome to www.gigcult.com, an event services marketplace of GigCult Entertainment Solutions Pvt Ltd
IN THESE TERMS OF SERVICES:
"Account" shall mean the GigCult account that you can open when you register to become a Member and use the Site Services.
"Affiliate" shall mean any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with GigCult.
"Quote Request" or "Quote Requests" shall mean the event requirement that the Event Planner puts on the website. It includes all the details and attachment that the Event Planner uploads about the marketing initiative.
"CC" shall mean an email marked to GigCult from an Event Planner while sending it to a Vendor in relation to a work order.
"Intellectual Property Rights" shall mean all patent rights, copyright rights, and moral rights, rights of publicity, trademark, goodwill and trade secrets.
"Independent Contractor" shall mean Vendors, Event Planners, Third-Parties and Users.
"Event Planner" shall mean a Registered User who wants to avail or buy Event Services.
"Registered User" or "Member" shall mean a User who has registered an account with GigCult.com.
"Payment Terms" shall mean what the Event Planner and the Vendor agree mutually for the project they work on. It will be agreed to in the Term Sheet.
"Quote" or "Quotes" shall mean the proposals that the Solutions Partners would like to submit to the Event Planners through GigCult.com to get the business. As per these Terms, every Quote submitted by you shall route through GigCult.com platform.
"Site", "Website", "Us", "Our", "We", "GigCult", "GigCult.com", "www.gigcult.com", "GC" or "Company" shall mean GigCult.com, an online portal of GigCult Entertainment Solutions Private Limited, a company incorporated under the Companies Act 2013.
"Vendor" shall mean a User providing Event Solutions.
"Terms of Service Agreement" or "Service Agreement" or "Service Level Agreement" shall mean the agreement between the User and GigCult, which a User has to accept, once the User signs up on the platform.
"Project", "Solutions" or "Event Solutions” shall mean the Event Services provided by Vendors.
"Third-Party" shall mean any party in connection to this Website, which is not an Affiliate of GigCult and is not controlled by GigCult.
"Third-Party Services" shall mean all Services that are accessible through the Site but delivered by third parties, not GigCult or its Affiliates. The term Third-Party Services does not include GigCult Services.
"Third-Party Sites" shall mean all websites, Third-Party Services and resources linked to the Website.
"User", "Subscriber", "You" Or "Your" shall mean a person accessing GigCult.com, using the Site.
"User Content" shall mean any data, information, content, text, video, music or other information that you post to any part of the Site.
"Project" or "Work Order", "Release Order", "Order" or "Purchase Order" shall mean a job assigned by the Event Planner to the Vendor via the Website after signing up the Term Sheet & Term Sheet Terms and Conditions online.
"GigCult Services", "Services", "Service", "Offering" or "Offerings" shall mean the all services provided by GigCult that are accessible through the Site. The term Services does not include Services provided by Vendors or Third-Party Services.
Unless and otherwise specified, the capitalized words shall have the meanings as defined herein above. For the Purpose of these Terms, words referring to masculine include the feminine and the singular includes the plural and vice versa as the context admits or requires; and words importing persons includes individuals, bodies corporate and unincorporated. The words not defined under these Terms shall have their regular meaning.
GigCult.com is a venue where our Registered Users use our online marketplace for finding Event Services and for providing Event Services. We provide an online marketplace that enables Event Planners to search for Vendors of Event Services. The Website contains features that enable Event Planners and Vendors to become Registered Users when they sign up for a GigCult Account. As Registered Users, Event Planners and Vendors can transact business.
1. PAYMENT PROCESS FOR VENDORS:
Currently there are no charges for signing up and creating an account. GigCult will charge an additional fee on top of the Vendor’s price for a Service to the Event Planner.
All Payments for the transactions are routed through the RBI recommended Nodal Bank Account system for the E Commerce Marketplaces Model of online business.
2. PAYMENT PROCESS FOR EVENT PLANNERS:
Currently there are no charges for signing up and creating an account for an Event Planner. There are no charges for Posting a Quote Request too.
When the Event Planner selects a Quote from a Vendor, the Event Planner must pay a 10% upfront fee to GigCult to lock in the Work Order.
The balance of the payment is to be provided directly to the Vendor.
Currently there is NO PROCESSING FEE currently for transactions in INR. However in case of transactions charges in Foreign currency, the bank charges for currency conversion of any related charge. This will be borne by the Event Planner and will be added to the cost of the services purchased.
All Payments for the transactions are routed through the RBI recommended Nodal Bank Account system for the E Commerce Marketplaces Model of online business.
When GigCult launches any future product or service for the Event Planners, there could be a service fee or convenience charges on those special / customized services for the Event Planner.
3. APPLICABLE LAW:
This Agreement shall be deemed to have been made and executed at Mumbai, under, and in all respects shall be interpreted, construed and governed by and in accordance with laws of the Courts in Mumbai, India, without regard to its choice of law principles, and all disputes arising out of or in connection with this Agreement shall be subject to Governing Laws of the Courts of Mumbai. The place of jurisdiction shall be in Mumbai, India.
By using this Site, you represent and warrant that you are (i) are lawfully able to accept these Terms; or (ii) over the age of 18 years; or (iii) are not suspended from using the GigCult.
If you are using the Site on behalf of any other person/s (including individuals) or entity (including bodies corporate and unincorporated), you further represent and warrant that you are authorized to accept these Terms on such entity's/person's behalf, and that such entity agrees to indemnify GigCult.com for violations of these Terms. The account holder is responsible for everything done with that account.
You may provide a business name or a company name, which is to be associated with the Registered User's Account. Members acknowledge and agree that where a business name or company name is associated with their Account, Members remain solely responsible for all activity undertaken in respect of their Account.
You agree that you are using these Services only for business purposes for which you are authorized.
We may, at our absolute discretion, refuse to register a person or corporate entity as a Member.
5. COMMENCEMENT OF SERVICE:
The Service shall be deemed to have commenced on the "Date of Sign Up" of service. "Date of Sign Up" is the date indicating the acceptance by the user to use the services of GigCult.com.
The account is valid for on an annualized basis with an automatic renewal on an ongoing basis. However, GigCult may change the terms, duration of this free account as per the change in policy if any.
6. CHANGES TO THESE TERMS:
7. GIGCULT IS NOT A PARTY TO THE DEALINGS BETWEEN EVENT PLANNER AND SOLUTION PROVIDER:
GigCult does not sell its own services of Event Solutions but provides a marketplace for exchange of Event Solutions/services. We provide various features like Posting of a Quote Request, Quote, Selling of ready to use Packages, write testimonials, create detailed profile and so on to our users. Our Services are to facilitate the exchange of Event Solutions.
GigCult’s role is limited to connect the Event Planner with the Vendor. We may help the Event Planner in selecting the best Quotes submitted by Vendors in relation to the posting of a Quote Request by the Event Planner and selecting the most suitable Vendor, but such help does not create any liability on GigCult as to the matters incidental thereto in relation to the services provided by Vendor and payments made by the parties. GigCult is not responsible for the dealings between Event Planner and Solutions Partner including but not limited to losses arising out of non-delivery, poor quality of delivery, partial delivery, excess delivery or late delivery of agreed deliverable, partial payment, deductions on payment, delayed payment, non-payment, withdrawal of Quote Request or pitch or, change of Quote Request or pitch. GigCult does not direct, has no control over, makes no representations; and does not guarantee the quality, safety or legality of Event Services, the truth or accuracy of Quote Requests and summary of proposals, qualifications, background, the ability of Solution Providers to deliver Event Services, the ability of Event Planners to pay for Event Services, or that an Event Planner or Solution Provider can or will actually complete a transaction. GigCult is not responsible if the Vendor decides not to participate in a Project/Work Order post winning the QUOTE. GigCult is not responsible if an Event Planner decides to not participate in a Project/Work Order post accepting a QUOTE.
We may, at our sole discretion encourage the Vendors to successfully submit their pitch within the deadline.
GIGCULT IS NOT A PARTY TO THE DEALINGS BETWEEN EVENT PLANNERS & VENDORS, INCLUDING POSTS, QUOTES, QUOTE REQUESTS, PITCHES, PERFORMANCE OF VENDORS AND PAYMENT FOR A WORK ORDER.
Event Planners and Vendors are independent contractors. GigCult is not responsible for and disclaims any and all liability related to the actions of Vendors, Members, Registered Users, Third Parties and other users of the Services.
IF YOU ENTER INTO CORRESPONDENCE OR ENGAGE IN COMMERCIAL TRANSACTIONS WITH ANY USER OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE GIGCULT SERVICES, SUCH ACTIVITY IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY OR INDEPENDENT CONTRACTOR. GIGCULT SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH ACTIVITY. YOU HEREBY RELEASE GIGCULT FROM ALL CLAIMS ARISING FROM SUCH ACTIVITY.
8. THIRD PARTY WEB SITE SERVICES, LINKS, ADVERTISEMENTS AND OFFERS:
The Service may contain links to other World Wide Web Internet sites. The Service also may utilize third party services, advertisements, offers and payment systems. GigCult is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators. GigCult is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall GigCult be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any Third-party website should be directed to its respective site administrator or webmaster.
9. RIGHTS TO WEBSITE AND CONTENTS THEREOF:
9.(a) This Site is owned and operated by GigCult Solutions Pvt. Ltd. All the content featured or displayed on this Site, including, but not limited to, text, graphics, data, images(photographic and moving), illustrations, pitches, client lists, summary of proposals, Quote Requests, profile information, testimonials, other information incidental thereto, software and selection and arrangement thereof (the "Content"), is owned by GigCult.com.
All elements of this website, including, but without limitation, the general design and the Content thereof, are protected by copyright, moral rights, trademark and other laws related to the protection of intellectual property rights. Except for, as explicitly permitted under these Terms, or other written license or agreement with GigCult.com, no portion or element of this Site or its content may be copied or retransmitted via any means. All related rights shall remain the exclusive property of GigCult.com, its licensors or its third-party data partners. You retain all your ownership rights in any User Content you post on GigCult. When you give us content, you also grant to GigCult and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and GigCult.com's (and our successors' and Affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels or technology. You also hereby grant each User a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content, only to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of these Terms. Except as expressly stated under these Terms, nothing in this Agreement confers any license under any of GigCult’s or any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.
Notwithstanding the foregoing paragraph, GigCult will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Site Services to you.
9.(b) Rights as to the Quotes submitted by Vendors which an Event Planner agrees to accept by agreeing to these Terms:
The Quotes submitted by the Vendors will stay with the respective Vendors, until the Event Planner decides to buy them formally by issuing a Work Order to the Vendor or Media House through GigCult or, until the Solution Provider enters into a separate contract to grant license or sub-license to use his/her pitch, with the Event Planner. Once the Members enter into a formal Work Order or a separate contract as regards to the licensing/sub-licensing of the pitches, they can decide the extent of intellectual property rights they would like to exchange with each other.
9.(c) Rights as to information provided by an Event Planner which a Vendor agrees to accept by agreeing to these Terms:
You acknowledge that you will not divulge the knowledge that you will get about Event Planner’s Event during the process of pitching or while seeing live Quote Requests on GigCult. You will maintain confidentiality in all conditions.
10. SITE LICENSE:
Subject to and conditioned on compliance with these Terms and the other Policies on this, GigCult’s grants you a limited license to access and, if you are a Member, to use the Site for the purpose of ordering and receiving the Services available and authorized from the Site. You must not access or use the Site or Services for any reasons that are in competition with GigCult. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of the Site in any way for any public or commercial purpose without prior written consent of GigCult or the rights holder. You must not use any content of the Site on any other website or in a networked computer environment for any purpose except your own viewing. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of GigCult's or any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.
11. USING OR ACCESSING GIGCULT.COM'S SERVICES:
Affirmative action is required to use or access the Service. Your use or access of the Service, however, shall not impose any duty on GigCult to provide you any particular service or access to any Service. You agree that you will (a) provide accurate, current and complete information about you as may be prompted by any registration forms and subscription, including, but without limiting, your name, telephone number, mailing address, account and email address on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you have to provide to GigCult.com, to keep it accurate, current and complete;(c) maintain the security of your password and identification; (d) notify GigCult.com immediately of any unauthorized use of your account or other breach of security; (e) Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by you at your own cost. (f) Accept all responsibility for any and all activities that occur under your account including, but without limitation to information retrieved, stored and transmitted through the Service by you; and (g) accept all risks of unauthorized access to the Registration Data and any other information you provide to GigCult.com. (h) You will ensure compliance with all notices or instructions given by GigCult from time to time to enable the use of the Service. (i) You will provide the services and execute the Project as per agreed deliverables once you win the Quote in case of customized solutions and will provide the services as per Term Sheet of the Package in case of ready to use packages you sell on the website. You cannot express your inability to perform the service that you have promised to deliver in case the Event Planner buys your Package for awards you the Quote.
We reserve the right to terminate your access to the Service in the event we learn or believe any information provided may be false, inaccurate, not current, or incomplete. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly Quote Request us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
12. USING THE WEBSITE (QUOTE REQUESTS, RATINGS, PROPOSALS AND COMMUNICATIONS):
Since, GigCult provides services, including, but without limitation, of providing detailed profiles of Users, distribution of Quote Request, distribution of summary of proposals, other platform for distribution of Marketing Services, post testimonials, generate user ratings, and, platform for communication, your use of any of the aforementioned content or any content about the GigCult Services is subject to additional terms and conditions as mentioned herein.
This Site and its Content are intended for Members of www.gigcult.com, a division of GigCult Solutions Pvt. Ltd.. You may not use this Site or the content for any purpose, which is not related to your business with www.gigcult.com. You shall use the Service only for the purpose for which it is subscribed. It is also clarified that if there are any issues, claims or violations of these Terms then in addition to the right to indemnity available to GigCult, GigCult shall have the right to take appropriate legal recourse available against you and immediately revoke any usernames, pass codes or other permissions that may have been granted by www.gigcult.com for the use of this Site.
You are solely responsible for the content of any transmissions you make to the Site and any publishing, updating, sharing or retransmitting of data added to the Site by you or, data including but not limited to transmissions like your Quote Requests, ratings, proposals posted by you(the "Communications"). GigCult does not endorse or accept any of your Communication as representative of GigCult’s views. Any information or content expressed or made available by these third parties or any other Members is that of the respective Users and not of GigCult. GigCult neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site.
You are specifically prohibited from, in relation to and including, but without limitation, to GigCult or any other User or a third party: (i) downloading, copying, printing, duplicating, deleting, varying, uploading, publishing, updating, sharing or retransmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with GigCult; or amend or use any data or personal information posted by any User on GigCult except such data and information which is posted by the particular User himself. (ii) using any data mining or similar data gathering or extraction methods; (iii) manipulating or otherwise displaying the site or the content by using, framing or similar navigational technology; Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or into the internet or GigCult network system; (iv) using the Site or Content other than for its intended purpose, make any unauthorized commercial use of the Service, (v) impersonate any person or entity, including any employee or representative of a third party; (vi) cheat or copy in any form with respect to any Services offered. Such unauthorized use may also include, but without limitation, use of material protected by patent, copyright, trademark, and/or other intellectual property right. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. (vii) uploading, publishing, updating, sharing or retransmitting any data which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, sexually explicit, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads, contains medical advice, or otherwise unlawful in any manner whatever; harm minors in any way;; (viii)You represent and warrant that you will comply with all applicable regulations, including, without limitation, those relating to the internet, data, e-mail, privacy and the transmission of technical data exported from India or the Country in which you reside. (ix) You agree not to make use of anyone else's information other than as necessary to complete any transactions in which you are involved.
GigCult reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which GigCult in its sole discretion deems inappropriate, offensive or contrary to any GigCult policy, or that violate theses terms.
Because of the nature of internet, GigCult might have to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work (the "Maintenance"). GigCult may at its sole discretion and without assigning any reason whatsoever at any time deactivate and/or suspend the User's access to GigCult and/or the Services (as the case may be) without notice to carry out Maintenance. Without prejudice to any other provisions of this Agreement, GigCult shall not be liable for any loss and/or damage and/or costs and/or expense that the User may suffer or incur, as a result of such deactivation and/or suspension.
14. RECOMMENDED PAYMENT MECHANISM FOR A WORK ORDER:
Payment shall be made of a 10?ealong with work order and remaining payment latest 1 day before event date of the final invoice submission of the work order. The Members can also agree upon payments terms in the Term Sheet among themselves and the above mentioned payment schedule is not binding upon them.
You understand that GigCult has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
16. GUIDELINES AND POLICIES:
a. Guideline on how GigCult works
You represent that you have read and understood our Help page (http://www.gigcult.com/help).Further, you accept this Guideline by agreeing to these Terms.
17. COMMUNICATION WITH OTHER USERS:
(a) You must not post your email address, Company name or logo or other contact information or social media id on the Website or any part of the Website like Chat, Portfolio except in the "email" field of the signup form, at our request or as otherwise requested or permitted by us on the Website.
Unless we provide a Member's contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Members in respect of Quotes, Quote Requests or proposals through any other means such as email, chat, telephone, Skype, GTalk, Yahoo, WhatsApp, and any form of social media. However, once a formal Term Sheet has been signed/Sale of Brand Box/Quote Awarded is executed between two Members, they can communicate with each other with other means of communication apart from the Website as well.
You represent and warrant that until a formal work order/release order/purchase order is executed between you and another Member, you will respect and follow the arrangement of working and communicating via GigCult.com.
Vendor & Event Planner agree that they can communicate with another member before placing a work order only when GigCult allows any such communication in writing or by an email, asking Event Planners or Vendors to communicate with each other keeping GigCult in the loop or as per the agreed terms and conditions with GigCult in the said written communication from GigCult or email from GigCult.
Once a work order has been issued/Term Sheet has been signed , you will follow the process recommended when needed to 1> submit/approve the Term Sheet, 2> share Proforma Invoice, 2> Request for Job Completion Certificate 3> Submit Invoice 4> Make Payment 5> Provide Payment Confirmation.
(b) Communication by Event Planners regarding issuance of Work Order. You agree that once the Event Planner selects or decides to award the QUOTE to a shortlisted Vendor, the Event Planner will Agree to the Term Sheet online and agree to the T&Cs online.
18. ENDING YOUR RELATIONSHIP WITH GIGCULT OR MODIFICATION OF SERVICES:
These Terms will continue to apply until terminated by either you or GigCult as set out below.
GigCult may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
(B) GigCult is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
GigCult also reserves the rights to modify your services in case of the above mentioned events.
When these terms come to an end, all of the legal rights, obligations and liabilities that you and GigCult are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
You can choose to terminate your Account with GigCult.com. If a Member terminates his/ her Account with GigCult, GigCult.com will not bear any liability of any matter arising thereof and incidental thereto, including but not limited to, incomplete work order.
19. ELECTRONIC AND TELEPHONIC COMMUNICATION WITH US
In furtherance to your use of these Services, we may send you emails, communicate with you electronically through various means including but not limited to Skype or inbox messages and notification services of GigCult or through telephone, to notify you for providing information in relation to your use of these Services.
By accepting these Terms you accept to receive electronic and telephonic communication from us. We may attempt to notify you via SMS, email about rejection or acceptance of a Quote.
By registering an account with GigCult, you consent to electronically or telephonically receive and access the information provided by us via electronic or telephonic means. If at any time, you withdraw your consent to receive such information electronically or telephonically, then we reserve the right, in our sole discretion, to terminate your access to the Site and the Site Services, and you will no longer be able to use the Site or the Site Services.
Any withdrawal of your consent to receive information electronically or telephonically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive information electronically or telephonically will not apply to information electronically or telephonically provided by us to you before the withdrawal of your consent becomes effective.
We may choose to provide you information electronically or telephonically, at our sole discretion. You represent and warrant that we are under no liability to provide you information electronically or telephonically.
20. DISPUTES WITH USERS OF THE SERVICE:
GigCult is not obligated to investigate, monitor, mediate or resolve any dispute that an Event Planner or Vendor may have with another Event Planner or Vendor , or any other user of the Service although we may undertake such action in our sole discretion. In the event of a dispute with another user of the Service, you agree
(a) to indemnify us from any liability and
(b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other user of the Service.
21. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. IN PARTICULAR, GIGCULT DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND GIGCULT WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIGCULT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
GIGCULT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
22. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER GIGCULT, NOR ITS AFFILIATES, DIRECTORS,OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT AND/OR INDIRECT
AND/OR INCIDENTAL AND/OR SPECIAL AND/OR CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES, RESULTING FROM THE USE AND/OR THE INABILITY TO USE THE SERVICE AND/OR FOR COST OF PROCUREMENT OF SUBSTITUTE OR/AND SERVICES OR RESULTING FROM ANY DATA AND/OR INFORMATION AND/OR SERVICES PURCHASED AND/OR OBTAINED AND/OR MESSAGES RECEIVED AND/OR TRANSACTIONS ENTERED INTO THROUGH AND/OR FROM THE SERVICE AND/OR RESULTING FROM UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF USER'S TRANSMISSIONS AND/OR DATA AND/OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS AND/OR USE AND/OR DATA OR OTHER INTANGIBLE. YOU FURTHER AGREE THAT GIGCULT SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT AND/OR INDIRECT AND/OR INCIDENTAL AND/OR SPECIAL CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION AND/OR SUSPENSION AND/OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. YOU AGREE THAT GIGCULT SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. IN SUM, IN NO EVENT SHALL GIGCULT.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES OR/AND LOSSES OR/AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO GIGCULT, IF ANY, THAT IS RELATED TO THE CAUSE OF ACTION.
GIGCULT DOES NOT ACCEPT ANY RESPONSIBILITY TOWARDS THE DATA ENTERED IN OUR WEBSITE BY THE USER. THE USER WHO HAS ENTERED THE DATA IS FULLY RESPONSIBLE FOR ANY WRONG DATA ENTERED AND BE LIABLE FOR ANY AND ALL ACTION TAKEN BY THIRD PARTY (WHETHER CIVIL/CRIMINAL). GIGCULT HOWEVER SHALL ENDEAVOUR TO USE THE BEST INDUSTRY PRACTICE OF WEEDING OUT ALL WRONG DATA OR FALSE DATA ENTERED AND UNDERTAKES TO WITHDRAW ALL SUCH DATA WITHIN ONE WEEK OF RECEIPT OF SUCH COMPLAINT.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GIGCULT, ITS RESPECTIVE DIRECTORS, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, REPRESENTATIVES, ATTORNEYS, SUCCESSORS, ASSIGNS, THIRD PARTY INFORMATION PROVIDERS, OTHER THIRD PARTY PERSONS AND INDEPENDENT CONTRACTORS AGAINST ANY CLAIMS, LOSSES, DAMAGES, COSTS, LIABILITIES, PROCEEDINGS, INJURIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ADVOCATES' FEES AND LITIGATION EXPENSES) ARISING OUT OF OR RELATED TO ANY OF YOUR COMMUNICATION, OR OTHERWISE TRANSMISSION OF DATA THROUGH THE SITE, YOUR CONDUCT, ANY BREACH BY YOU OF THESE TERMS, OR OF ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN, YOUR UNAUTHORIZED USE OF THE CONTENT OR THE SITE, OR YOUR VIOLATION OF ANY RIGHTS OFANOTHER.
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIGCULT PROVIDES THE SERVICE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. GIGCULT AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (a) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED: (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGHTHE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF SUING THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE.
GIGCULT SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR THE GAMES ON THE SERVICE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL GIGCULT ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF GIGCULT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The actions of GigCult, other than an express written waiver or amendment, shall not be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, it will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Content displayed on the Site, any license contained on the Site and any other information or license terms without prior notice. These Terms set out the entire agreement between GigCult and you relating to your use of this Site. Any rights not expressly granted herein are reserved.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback") and you can submit Feedback by emailing us at [[email protected]]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You may address any of complaint, grievances and queries to any of the contact details available on our CONTACT US on our home page or in the alternative your queries and complaints may also be e-mailed to us at [[email protected]].