Terms of Service
folks at Massive Pixel Ltd.
) run a service called
gigpin.com and would
love for you to use it. Portions of our service are free, and other portions are not. Our service is designed
to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself
freely. However, be responsible in what you post. In particular, make sure that none of the prohibited items (like spam,
viruses, or serious threats of violence) appear in your messages, photos, videos or any other material.
If you find an band, club or user that you believe violates these Terms of Service, please contact our
Terms of Service
The following terms and conditions govern all use of the gigpin.com website and all content, services, and products available
at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms
and conditions contained herein and all other operating rules, policies and procedures that may be published from time
to time by Massive Pixel.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services,
you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions
of this agreement, then you may not access or use any of our services. If these terms and conditions are considered
an offer by Massive Pixel, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13
years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers
as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Your gigpin.com Account and Website. If you create a user, band and/or club profile on gigpin.com, you are
responsible for maintaining the security of your account and data, and you are fully responsible for all activities
that occur under the account and any other actions taken in connection with the account. You must immediately notify
Massive Pixel of any unauthorized uses of your event, your account, or any other breaches of security. Massive Pixel
will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such
acts or omissions.
You can register a GigPin Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook. You have the ability to link or unlink (unlinking means removing) the connection between your GigPin Account and any existing third-party social networking services at any time using the "User Settings" page.
You also have the ability to import certain data from Facebook when creating your Artist or Venue profiles. When a GigPin Artist/Venue account is created in this way they are considered linked.
While a GigPin account is linked to Facebook, GigPin will periodically synchronize Facebook information with GigPin e.g. fan count on the page.
Responsibility of Contributors. If you post material to the Service, post links on the Service, or otherwise
make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible
for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what
form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content
available, you represent and warrant that:
If you delete Content, Massive Pixel will use reasonable efforts to remove it from gigpin.com, but you acknowledge that caching
or references to the Content may not be made immediately unavailable. Without limiting any of those representations
or warranties, Massive Pixel has the right (though not the obligation) to, in Massive Pixel’s sole discretion, (i)
reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Massive
Pixel’s reasonable opinion, violates any Massive Pixel policy or is in any way harmful or objectionable, or (iii) terminate
or deny access to and use of gigpin.com to any individual or entity for any reason. Massive Pixel will have no obligation
to provide a refund of any amounts previously paid.
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer
to post or make available the Content, including but not limited to any software, or (ii) secured from your employer
a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully
pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further
unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory (
more info on what that means
), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy
or publicity rights of any third party;
your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs
and web sites, and similar unsolicited promotional methods;
Responsibility of Visitors. Massive Pixel has not reviewed, and cannot review, all of the material, including
computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or
effects. By operating our Services, Massive Pixel does not represent or imply that it endorses the material there posted,
or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well
as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain
material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions,
stated or unstated. Massive Pixel disclaims any responsibility for any harm resulting from the use by visitors of our
Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including
computer software, made available through the websites and webpages to which gigpin.com links, and that link to gigpin.com.
Massive Pixel does not have any control over those non-gigpin.com websites, and is not responsible for their contents
or their use. By linking to a non-gigpin.com website, Massive Pixel does not represent or imply that it endorses such
website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. Massive Pixel disclaims any responsibility
for any harm resulting from your use of non-gigpin.com websites and webpages.
Copyright Infringement and DMCA Policy. As Massive Pixel asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If you believe that material located on or linked to
by gigpin.com violates your copyright, you are encouraged to notify Massive Pixel in accordance with Massive Pixel’s
Digital Millennium Copyright Act (“DMCA”) Policy. Massive Pixel will respond to all such notices, including as required
or appropriate by removing the infringing material or disabling all links to the infringing material. Massive Pixel
will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined
to be a repeat infringer of the copyrights or other intellectual property rights of Massive Pixel or others. In the
case of such termination, Massive Pixel will have no obligation to provide a refund of any amounts previously paid
to Massive Pixel.
Intellectual Property. This Agreement does not transfer from Massive Pixel to you any Massive Pixel or third
party intellectual property, and all right, title, and interest in and to such property will remain (as between the
parties) solely with Massive Pixel. Massive Pixel, gigpin.com, the gigpin.com logo, and all other trademarks, service
marks, graphics and logos used in connection with gigpin.com or our Services, are trademarks or registered trademarks
of Massive Pixel or Massive Pixel’s licensors. Other trademarks, service marks, graphics and logos used in connection
with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license
to reproduce or otherwise use any Massive Pixel or third-party trademarks.
Massive Pixel reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility
to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting
of any changes to this Agreement constitutes acceptance of those changes. Massive Pixel may also, in the future, offer
new services and/or features through the Service (including, the release of new tools and resources and modification
as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions
of this Agreement.
Massive Pixel may terminate your access to all or any part of our Services at any time, with or without cause, with or without
notice, effective immediately. If you wish to terminate this Agreement or your gigpin.com account (if you have one),
you may simply discontinue using our Services. Massive Pixel can terminate the Service immediately as part of a general
shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
Disclaimer of Warranties.
Our Services are provided “as is.” Massive Pixel and its suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose
and non-infringement. Neither Massive Pixel nor its suppliers and licensors, makes any warranty that our Services will
be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or
otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability. In no event will Massive Pixel, or its suppliers or licensors, be liable with respect
to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable
theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products
or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees
paid by you to Massive Pixel under this agreement during the twelve (12) month period prior to the cause of action.
Massive Pixel shall have no liability for any failure or delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations
in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including
all applicable laws regarding the transmission of technical data exported from the United States or the country in
which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights
of any third party.
Indemnification. You agree to indemnify and hold harmless Massive Pixel, its contractors, and its licensors,
and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including
attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Any claim relating to Massive Pixel Ltd.’s Site shall be governed by the laws of Croatia without regard to its conflict-of-law
Note: This Terms of Service document is available under a Creative Commons Sharealike license. The document is derived from
the original work by
, San Francisco, California, authors of the world famous