Welcome to Giglink.net. GigLink.net is the online service for musicians to find gigs, meet other musicians and general music discussions. By using the Giglink.net Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member") or create a profile ("Profile"). If you wish to become a Member and communicate with other Members and make use of the Giglink.net service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the registration process. You must accept these terms when you register with GigLink.net.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by GigLink.net from time to time, such modifications to be effective upon posting by Giglink.net on the Website. This Agreement includes GigLink.net’s Acceptable Use Policy for Content Posted on the Website, GigLink.net’s Privacy Policy, and any notices regarding the Website.

Terms of Use Agreement

1. Eligibility.

You must be eighteen or over or represented by someone eighteen or over to register as a member of GigLink.net 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.

2. Term.

This Agreement will remain in full force and effect while you use the Website and/or are a Register Member. You may terminate your membership at any time, for any reason by following the instructions on the Delete Account pages in your Profile or of your written or email notice of termination. GigLink.net may terminate your membership for any reason, effective upon 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 Giglink.net. If Giglink.net terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5 and 9-14 of this Agreement.

3. Non Commercial Use by Members.

Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on GigLink.net.

GigLink.net owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of GigLink.net and its licensors. Except for that information 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.

5. Content Posted on the Site.

a. You understand and agree that GigLink.net may review and delete any content, messages, GigLink.net Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of GigLink.net violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

c. By posting Content to any public area of GigLink.net you automatically grant, and you represent and warrant that you have the right to grant, to GigLink.net an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. GigLink.net 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 communication from the Service and terminating the membership of such violators. It includes Content that:

is patently offensive to the online community, 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;

involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

promotes information that you know 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, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

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 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

engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

f. You may not include in your Member description any telephone numbers, street addresses, last names, URLs or email addresses unless specifically requested.

g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although GigLink.net cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Giglink.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Giglink.net deems appropriate in its sole discretion.

h. All members (Free and Paid) can receive, read and reply to all messages sent to their account.

6. 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.

7. Subscription.

Subscriptions are on a yearly basis and you will NOT be re-subscribed when your term ends unless you specifically re-pay with Paypal

8. Member Disputes.

You are solely responsible for your interactions with other GigLink.net Members. GigLink.net, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

9. Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy.

10. Disclaimers.

GigLink.net is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. GigLink.net is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. GigLink.net 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, user or Member communications. GigLink.net 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 GigLink.net be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and GigLink.net expressly disclaims any express or implied warranty of merchantability, warranty of fitness for a particular purpose or non-infringement. GigLink.net cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

11. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will GigLink.net 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 or the Service, even if GigLink.net has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GigLink.net'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 GigLink.net for the Service during the term of membership.

12. Disputes.

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of California, city of San Jose.

13. Indemnity.

You agree to indemnify and hold GigLink.net, 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 Service 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.

14. Other.

This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and GigLink.net regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Please contact us at info@giglink.net with any questions regarding this agreement.