TERMS AND CONDITIONS
GIGZTER.COM

Welcome to GIGZTER.COM, an interactive online, original music streaming service (the "Service"). These Terms are an agreement between you (also referred to as ‘your’), the person who registers for the Service, and GIGZTER.COM (together referred to as "we" or "us"). It is important that you understand both the benefits and limitations of the Service.

1. ACCEPTANCE OF TERMS
When you register for this Service (by completing the form on our Register page) you agree to these Terms. GIGZTER.COM reserves the right to make changes to this Agreement at any time, although these changes would not apply to you unless you accepted the revised conditions. Also, when using the Service to access services offered by third parties, you acknowledge that we are not responsible for their terms. If you have any problems with these parties or the services they offer, you should contact them directly.

2. BENEFITS OF MEMBERSHIP
A. The Service. The Service is an informal publishing or distribution service that allows artists to promote their original music and related information on the World Wide Web. The Service employs technology to allow you and public visitors to retrieve and view information that you agreed to submit or provide as a result of being a member on the site. This includes any visitors’ ability to listen to submitted music recordings. Additional features may be included in the Service in the future. The Service is currently provided to music artist representatives and the general public free of charge. However, GIGZTER.COM reserves the right to impose fees paid by artists, or band/artist representatives and/or the public at anytime. We will notify you at least 30 days in advance if there is ever a change in our fee schedule for the Service.
B. Service Limitations. We will try very hard to make your experience with us valuable. However, we cannot always foresee or anticipate technical or other difficulties, such as loss of data or other service interruptions or degradations. We do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any member data (your information).
C. Privacy Policy. We respect your privacy, and expect you to respect the privacy of other members on the Service. Our Privacy Policy is incorporated into and made part of this agreement.
D. Cancellation. You may cancel your membership in this Service at any time by sending a request for cancellation via our "Contact Us" form located on the front page of the site. Upon confirmation of your request, all information you provided or agreed to have available within the service will be removed by us. Also, we may cancel your enrolment in this service for any reason, at any time. We will attempt to notify you in advance of such cancellation, but we are not obligated to do so.

3. TERMS AND CONDITIONS
For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines. ANY CONDUCT THAT VIOLATES THE TERMS AND CONDITIONS IS GROUNDS FOR TERMINATION OF YOUR ACCOUNT.
A. Membership Eligibility. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is NOT AVAILABLE TO MINORS. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended GIGZTER.COM members.
IF ‘you’ HAVE ANY CURRENT BINDING AGREEMENT, OR CONTRACT OF ANY SORT WITH A MAJOR PRODUCER OR RECORD LABEL WE DO NOT AGREE TO PROVIDE ANY OF YOUR MATERIAL OR MUSIC WITHIN THE SERVICE OR SITE. You also agree to notify us immediately if any conditions within the above statement change. This notification must be submitted via the "Contact Us" link located on the front page of the site.
B. Your Information. You agree to provide, or release to us, true, accurate, current and complete information about yourself as requested in our registration form and account set-up forms and you agree to not misrepresent your identity or your third party information, which may include music, images, digital photographs, text data, user names, passwords or other provided information or material. You claim all rights and ownership to all your provided information, material, and recorded music and in no way are we responsible or liable for any disputes, infringement claims, or damages that may be made by other parties who claim otherwise. Your information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Provider (ISP) or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include.
C. Member Identity and Information. You represent to us that, for each membership, you either are the identity you claim to manage or you have been given express permission to open and control a GIGZTER.COM membership on behalf of that identity. You understand that signing up another member without their permission is a direct infringement on their rights, and they may have the right to prosecute. GIGZTER.COM also reserves the right to prosecute for any misrepresentation on the Service.
D. GIGZTER.COM is only a service to host music and artist information, NOT an Agent. Our site acts only as a repository for members’ (your) music and other related information. We are not involved in the actual transaction between talent buyers and performers, and we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of artists to perform or meet the expectations or the ability of buyers who purchase your music based on information provided by the Service. We cannot ensure that a buyer or performer will actually complete a transaction.
E. Information Control. We do not control the information provided by other users, which is made available through our service. You may find other users’ information to be offensive, harmful/damaging, inaccurate, or deceptive. Please use caution and common sense when using our site or Service. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence. WE ARE NOT RESPONSIBLE, ACCOUNTABLE OR LIABLE IN ANY WAY FOR INFORMATION, COMMENTS, OPINIONS, VOTES OR REVIEWS MADE BY USERS OF THIS SITE YOU MAY CLAIM TO BE DAMINGING OF ANY SORT. Although GIGZTER.COM will make effort to ensure the accuracy and reliability of our rating system, we cannot claim for certain, or control, and will not control, the accuracy or reliability of the results submitted by the public or any other users or members of the Service. We are not liable or responsible if you, or anyone else, claim this information to be damaging to you or anyone else or misrepresentative of you or anyone else. We not liable, accountable or responsible for any claims against the accuracy, tampering, skewing or reliability of this (artist rating system/standings data) or any other information provided within the Service or site.
F. Release of GIGZTER.COM. Because user authentication on the Internet is difficult, GIGZTER.COM cannot and does not confirm each user’s purported identity. We are not involved in any transaction that could occur between you and any organization or individual based on information provided by our service or similar information provided elsewhere. In the event that you have a dispute with one or more users, individuals or organization you release GIGZTER.COM (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
G. Acts by Third Parties. It is up to you to do your diligence as to whether to enter into any agreement with any other party on the site. GIGZTER.COM is not responsible for any transactions between members or individuals or organizations on the site. GIGZTER.COM is merely the conduit and has no responsibility for any disagreements between any parties on the site, such as non-payment for performances, no-shows, mis-bookings, recorded music purchase and miscommunication between any parties. In addition, GIGZTER.COM is not liable for any acts by pranksters or non-credible people on the site.
H. Password Information. A randomly selected password may be forwarded to your email address upon confirmation of your subscription. You are encouraged to change your password immediately and you are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password, account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time to access the Service.
I. Obey the Law. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others, or in any way that interferes with our ability to provide the Service or any other service to our members and general public, or in any way which damages our livelihood, or the livelihood of others. You are solely responsible for all content you transmit or agree to use or provide through the Service.
J. Restrictions on Commercial Use or Resale. Your right to use the Service is personal to you; therefore, you agree not to resell or make any commercial use of the Service. You do however reserve the right to sell any of your music, performances or other services that you can claim to be your own.
K. Proprietary Rights. You acknowledge and agree that GIGZTER.COM and our licensor(s) own all rights to this Web site and the content displayed on the site. You are only permitted to use this content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content except for content that you claim to own and have agreed to provide for the service. Further, you agree not to reverse engineer or reverse compile any of our technology.
L. Use of Marks, Materials and Suggestions. The GIGZTER.COM names and logos and all related product and service names, design marks and slogans are the property of, GIGZTER.COM or our affiliates. Any and all copies that you make of the material must bear any copyright, trademark or other proprietary notice that pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. We, our affiliates and/or any third party owner of such rights retain all such rights. Any feedback, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
M. Endorsements. All product and service marks contained on or associated with the Service that are not our marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

4. RIGHTS YOU GRANT TO US
A. Content You Provide. Subject to our Privacy Policy, which is available on the web site, you are making available for us to use, on a non-exclusive basis, without any payment to you or any other persons or companies, any "Content or Material", which includes text data, images/photos, and recorded music or sounds. We may use, modify, distribute, display, and create new material using such Content but only to provide the Services of this website. By using the Service, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above. GIGZTER.COM WILL NOT CLAIM ANY OWNERSHIP RIGHTS TO ANY OF YOUR PROVIDED/RELEASED CONTENT OR MATERIAL. We will not sell or license your music, or any material, to others. Making your music/material available to visitors of our site shall not be considered a sale or license.
B. Account Access. In order to ensure that we are able to provide high quality Services that are responsive to members' needs, you agree that our employees, auditors, attorneys and other agents may have access to your account and records as reasonably needed to investigate complaints, comply with applicable laws and to service your account.

5. OTHER IMPORTANT LEGAL MATTERS
A. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND, (vi) WE ARE NOT ACCOUNTABLE, LIABLE, OR RESPONSIBLE IN ANY WAY FOR OWNERSHIP, INFRINGEMENT OR COPYRIGHTS DISPUTES BETWEEN YOU AND ANY OTHER INDIVIDUAL OR ORGANIZATION PERTAINING TO ANY MUSIC OR CONTENT OR OTHER INFORMATION PROVIDED BY YOU AS PART OF THE SERVICE. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
B. Appropriateness of Content. From this site or service, users may view on the GIGZTER.COM site or be directed to sites containing information or material that may be offensive or inappropriate. We make no effort to review the content of these sites, nor are we responsible for the validity, legality, copyright compliance, or decency of the content. In addition, we do not endorse or control the content of any other user and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, nor are we responsible or liable for content that infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is available via the Service.
C. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
D. Indemnification. Except when caused by, arising from, or related to our intentional misconduct or gross negligence, you agree to protect and fully compensate us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E. Service Changes and Discontinuation. We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. In order to maintain the security and integrity of the Service we may also suspend your access to the Service at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Service.
F. Other. This agreement cannot be changed nor any of our rights waived unless we agree in writing. This agreement is personal to you and you may not assign it to anyone. All notices to us must be made in writing. GIGZTER.COM shall not be considered an agent or other legal representative of the other for any purpose by reason of this agreement. Nothing contained in this agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal, agent, employer or employee between us. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. These Terms constitute the entire understanding between you and us about the Service.

6. GOVERNING LAW
This Agreement is entered into in Ontario, Canada. You agree that the laws of the Province of Ontario will govern it and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais.
THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCE OF ONTARIO, CANADA.

7. ASSIGNMENT
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. GIGZTER.COM has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of GIGZTER.COM, if a third party hereunder assumes GIGZTER.COM obligations, GIGZTER.COM shall be relieved of any and all liability under this Agreement.