Updated: May 2013
GIG RAZOR LLC Terms and Conditions of Use
Gig Razor, LLC (“Gig Razor,” “we,” or “us”) has created this web site ("Site") to provide an online membership directory platform for college campus event talent providers, including musicians, comedians, speakers, magicians, novelty acts and other performers (collectively, “Talent Providers”) and college campus event talent promoters and planners and other entertainment buyers (collectively, “Talent Seekers”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICES.
Any changes that we make to these Terms will be effective immediately upon posting the revised version of these Terms on the Site. The “Updated” date shown above indicates the date that we last revised these Terms. BY CONTINUING TO ACCESS OR USE THE SITE OR THE SERVICES AFTER SUCH DATE, YOU AGREE TO THE CHANGES MADE TO THESE TERMS.
SERVICES PROVIDED BY GIG RAZOR
Gig Razor provides the following Services through the Site to Talent Providers and Talent Seekers that register as Members:
1) Members may publish, display, submit, upload or otherwise make available (collectively, "post") photographs, video clips, sound clips, reviews and any other information to their member profiles (“Profiles”) for viewing by other Members and visitors to the Site;
2) Talent Seekers may post listings of performances, music conferences, songwriting competitions, licensing or recording opportunities or other opportunities for which they seek performers (“Listings”);
3) Members may post comments on other Members or Listings or comments posted by other Members (collectively, “Comments”); and
4) Members may communicate with one another through messages sent within the Site (“Messages”) and/or through email or web links provided in Profiles and Listings or otherwise.
All such postings of information by Members is considered “Member Content.” We reserve the right to change the Site and the Services at any time, including (but not limited to) eliminating or discontinuing any content or feature of the Site, and/or adding new features, categories, business models or offerings.
In order to access and use the Site or the Services, you must at least the legal age to form a binding contract in your jurisdiction. Persons that are under legal age are considered minors and are hereby prohibited from accessing or using the Site or the Services, except as provided below. In many jurisdictions, the legal age to form a binding contract is 18 years of age, but you should check what the legal age actually is in your jurisdiction before accessing or using the Site or the Services.
A parent or legal guardian of a minor who is at least 13 years of age (“Teen”) may authorize the Teen to access and use the Site and the Services and may register a membership account on behalf of the Teen, under the condition that the parent or legal guardian represents and agrees that the parent or legal guardian: 1) has the legal authority to act on behalf of and to bind the Teen; 2) agrees to all of the terms and conditions set forth herein on behalf of the Teen; and 3) is legally responsible for everything done by the Teen in accessing and using the Site or the Services.
After you create an Account, a Profile is automatically generated for you on the Site. Your Business Contact Information is thereafter displayed on your Profile and visible to other Members. As discussed further below, you have the option of also posting your own Member Content to your Profile. (See MEMBER USE OF THE SITE section below for further information.)
Registration and Account Access by Agents. The Site provides the capability for authorized agents of Members (“Agents”) to create Accounts on behalf of their clients. An Agent who represents more than one Member may also create an Agent Account through which the Agent can access and edit the Accounts and Profiles of multiple Members who previously created Accounts and that have authorized such agent to access and edit their Accounts and edit their Profiles. By creating, accessing and/or editing the Account and/or Profile of a Member or otherwise acting on behalf of a Member, the Agent represents and warrants that they are legally authorized to act on behalf of the Member.
Password. When you register as a Member, you create a user name and password, which enables you to access the Site through your Account and thereafter take advantage of the Services provided by us. You agree not to disclose your user name and password to any third party, except your Agent, where applicable. If, at any time, you believe that your user name and/or password has been obtained by a third party (other than your Agent) or otherwise compromised, you agree to change your user name and/or password, as applicable, immediately through the "Edit Account" page on the Site. You are responsible for all activities performed through your account.
MEMBER USE OF THE SITE
Member Profiles & Listings. Members are invited to provide additional demographic information, such as personal preferences, interests and favorites, and post Member Content to their Profiles, create Listings, communicate with other Members via Messages and to take advantage of such other Services provided through the Site under these Terms. If you are a Talent Provider, you may only post, to your Profile, reviews by actual clients who have booked you, actual spectators who have seen you perform or others who have experienced your services (“Reviews”). You should keep a copy of any Member Content that you post on the Site. We have no obligation to preserve or return to you any Member Content at any time.
Member Comments & Messages. TheSite allows Members to post Comments about other Members, Listings or other Members’ comments. The Site also allows Members to send Messages to other Members within the Site. The opinions expressed in Comments and Messages do not reflect those of Gig Razor, and Gig Razor shall not be liable for any loss or damage incurred as the result of or related to any Comments or Messages.
We do not verify, endorse or sanction Profiles, Listings, Comments or Messages posted by Members, and we have no obligation to respond to any Profile, Listing, Comment or Message postings by Members. Furthermore, we reserve the right, but are under no obligation:
1) To review, edit, move, or delete, in our sole discretion and without notice, any Member Content and any information posted to Profiles, Listings or Comments or through Messages;
2) To disable or take other related action concerning Accounts that fail to comply with our file size, bandwidth and storage limitations (as specified in the Member Content upload window) for Member Content you post
3) To restrict the number of messages that a Member sends to other Members in any 24-hour period, if we believe, in our sole discretion, that the volume of Messages is too large.
CONTENT OWNERSHIP & LICENSES
The content of the Site, including (but not limited to) the formatting and structure thereof, and all content available through or otherwise discoverable on the Site, including (but not limited to) text, images, photographs, graphics, artwork, icons, logos, audio clips, video clips, designs, data, files, software, pages and print screens, and arrangement thereof (collectively, “Site Content”) is the exclusive property of Gig Razor and/or its licensors, including Members. The Site and the Site Content are protected by U.S. and international copyright, trademark and trade dress law and the contract created between you and us under these Terms. You do not acquire any rights, other than as set forth below, in the Site or the Site Content by accessing or using the Site.
Our Grant of a License to You. We grant you a conditional, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Site Content for non-commercial purposes and as permitted under these Terms, so long as your subscription remains active and your access is not revoked or suspended, and under the condition that you represent, warrant and agree that you will not and, actually do not, do any of the following, or otherwise violate the terms of this subsection (Our Grant of a License to You):
1) Reproduce, modify, create derivative works from, imitate, transmit, distribute, transfer, display, perform, publish, and/or sublicense any Site Content without prior written authorization from us and, as applicable, other content licensors, including Members;
2) Remove any copyright, trademark or other proprietary rights notices contained on the Site;
3) Integrate any part of the Site into other websites, for example by means of "framing" or “mirroring”;
4) Use meta tags, code or other devices containing any reference to the Site, in order to direct any person to any other website for any purpose;
5) Post any software containing viruses, worms, Trojan horses, date bombs, time bombs, defects or other destructive items to the Site;
6) Forge headers or otherwise manipulate identifiers to disguise the origin of any postings to the Site;
7) Attempt to derive source code or underlying ideas or algorithms from the Site though reverse engineering, decompilation, modification, adaptation, translation or disassembly of any portion of the Site;
8) Use any device, tool, or process, including (but not limited to) robots, spiders, offline readers, search and retrieval applications, to retrieve, index, data mine, scrape or in any way reproduce or circumvent the presentation or navigational structure of the Site or the Site Content;
9) Use the Site or the Site Content in an attempt, or in conjunction with any device, program or service, to circumvent any technological measure that effectively controls access to or the rights in the Site and/or the Site Content;
10) Induce anyone else to do any of the above; or
11) Use, or induce anyone else to use, any Site Content or business models used on or available by reference to the Site, either for your own and/or a third party's commercial benefit.
Any use of the Site or Site Content that does not comply with the provisions of this subsection (Our Grant of a License to You) exceeds the scope of the conditional license granted to you, and constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site or Site Content and infringes the copyrights and other rights owned by Gig Razor in the Site and the Site Content.
The name Gig Razor and the registered and unregistered trademarks, service marks and logos displayed on the Site are owned by Gig Razor, and/or its licensors. You may not use our trademarks, service marks or logos in any way without our express written permission. Failure to obtain such permission infringes the trademarks and other rights of Gig Razor, its owners and/or its licensors.
You agree that you will use any information relating to other Members, such as Member Content, to which you gain access through the Site or otherwise, only for the purpose of engaging in the Services and for no other activity, including (but not limited to): 1) sending unsolicited communications of a commercial nature (e.g., spam); 2) sending any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or 3) sale or rental of the information to any third parties.
Any requests to use any Site Content may be made to us via the “support” link provided on the Site or by mail or email at the addresses provided in the Contact Us at the end of these Terms. We reserve the right not to respond to requests for permission to use any Site Content and, to the extent that we choose to do so, we will respond no less than 48 hours after receipt of the request.
Your Grant of a License to Us and Other Members. By posting Member Content to the Site, either in your Profile, in Comments or Messages or otherwise, you grant certain licenses to us and other Members, as specified in the respective subsections set forth below. When you post Member Content to the Site, you also represent, warrant and agree that:
1) You own the copyright in all of the Member Content that is subject to copyright protection, or have otherwise obtained permission from the copyright owner or that your use of the Member Content constitutes "fair use";
2) You hold any and all other rights that are necessary to grant the specified licenses in the Member Content to us and other Members;
3) You have obtained consent from any and all person(s) depicted in images or identified in text in your Member Content to use such depiction(s) in your Member Content pursuant to these Terms; and
4) None of your Member Content violates any rights, including (but not limited to), copyright, trademark, privacy and other personal or proprietary right(s), of any person.
Your Grant of a License to Us. By posting Member Content to the Site, either in your Profile, in Comments or Messages or otherwise, you grant us a royalty-free, non-exclusive, worldwide license to:
1) Use, reproduce, reformat, index, modify, display, publish, publicly perform and display, distribute and transmit your Member Content for purposes of providing the Services, maintaining and improving functionality of the Site and the Services, and for advertising and promoting the Site and the Services and other permissible business purposes; and
2) Use your name, trademarks, service marks and logo (collectively, “Brand Identifiers”) for purposes of advertising and promoting your Member Content and artistic work via the Site, and for advertising and promoting the Site and the Services.
We will not further distribute or use your Member Content or Brand Identifiers for any purposes other than those specified in this subsection (Your Grant of a License to Us) without your consent. No compensation will be paid for our exercise of the above license granted by you.
You may terminate this license with respect to some or all of your Member Content or Brand Identifiers by deleting the Member Content or Brand Identifiers at issue, provided that we may continue to exercise our rights under this license to use any Member Content and Brand Identifiers to advertise and promote the Site and the Services that we previously elected to employ (and continue to employ) for the same purposes in accordance with this license.
Your Grant of a License to Other Members. By posting Member Content to the Site, either in your Profile, in Comments or Messages or otherwise, you also grant each other Member a royalty-free, non-exclusive, worldwide license to use your Member Content, provided that the Member adheres to each of the following conditions: 1) The Member shall not use your Member Content for commercial purposes beyond use on the Site; and 2) The Member shall not modify your Member Content without your express permission. No compensation will be paid for the Members’ exercise of this license granted by you.
You may terminate this license with respect to some or all of your Member Content by deleting the Member Content at issue, provided that another Member may continue to exercise their rights under this license to use Member Content that that they previously elected to use (and continue to use) in accordance with this license.
Contact for Alleged Copyright Infringement. Gig Razor respects the intellectual property rights of others and requires that Members and other visitors do the same. If you believe that Member Content on the Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, via mail, email or the Site:
Gig Razor LLC
Attn: Dave McCubbin
186 Birchwood Drive
West Chester, PA 19380
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
CODE OF CONDUCT
Each Member and visitor to the Site is expected to act responsibly, respect the rights of others and comply with our Code of Conduct and the other provisions of these Terms. As a visitor to the Site or Member, you may access and use the Site, the Services, and the Site Content (as applicable) in accordance with these Terms, on the condition that you agree to adhere to the following Code of Conduct:
1) You are solely responsible for any Member Content or other information that you post on the Site or otherwise transmit to other Members;
2) You will not post on your Profile or elsewhere on the Site, or otherwise transmit to other Members or Gig Razor employees, any:
a) Obscene, profane, sexually-oriented or racially offensive content, including (but not limited to) photographs or other images containing nudity;
b) Intentionally inaccurate, false or defamatory or unlawfully threatening or harassing content;
c) Content that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, or other material that reveals personal, private or sensitive information about another person, without that person’s consent; or
d) Content that otherwise infringes or violates another person’s rights or the law.
3) You will not stalk or otherwise harass any person in any way;
4) You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services (whether via the Site or otherwise), except through content posted to your Profile or Listings or communications sent to other Members (via Messages or otherwise) in response to advertising or solicitations contained in Profiles or Listings posted by other Members;
5) You will not transmit any chain letters, spam or junk email to other Members;
6) You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent;
7) You will not harvest or collect personal information about other Members through the Site or the Services, whether or not for commercial purposes, without our written consent;
8) You will not use the Service to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms;
9) You will not take any action that may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site;
10) You will not otherwise interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site;
11) You will not post html code to any area of the Site, unless we expressly permit;
12) You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site, the Site Content or any software used on or for the Site or cause others to do so;
13) You will not post, e-mail or otherwise transmit any material that contains any viruses, Trojan horses, worms, time or date bombs, cancelbots, or other computer-programming routines designed to interrupt, damage, detrimentally interfere with, surreptitiously intercept, expropriate or destroy any system, data, or personal information;
14) 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;
15) You will not post Comments or Reviews about yourself or any of your business partners or associates;
16) You will not fabricate Reviews about products or services offered by yourself or anyone else;
17) You will not post Site Content with the intent to deceive, mislead or defraud us, other Members or anyone else;
18) You will not post Comments about your competitors with the intent to injure their business or gain or retain an unfair competitive advantage;
19) You will use the Site, the Site Content and the Services in a manner consistent with all applicable laws and regulations; and
20) You will not induce any other person to engage in any of the above prohibited conduct.
MONITORING & SUSPENSION/REVOCATION OF USE PRIVILEGES
Monitoring of Profiles, Listings, Comments & Messages. We reserve the right (but have no obligation), to do the following, at our sole discretion, at any time and without notice:
1) Monitor your use of the Site, your Profile and your Comments, Messages and other Member Content posted through the Site;
2) Employ filters to detect and block the posting of Member Content or other material containing sexually explicit or otherwise inappropriate language;
3) Restrict or block access from certain websites or other resources;
4) Edit, refuse to post, block access to or remove any Member Content or other material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct;
5) Terminate your Account without refund, or suspend your access to some or all of the Services or the entire Site, if you engage in activities that we conclude, in our discretion, violate our Code of Conduct; and
6) Take such other actions that we deem necessary to protect us, our Members or visitors to the Site.
We reserve the right, but have no obligation, to reject any content that does not comply with this Code of Conduct. We also reserve the right to terminate the Account of any Member without refund and/or suspend access of, and/or pursue legal action against, any Member or visitor to the Site who does not comply with this Code of Conduct or any other provisions of these Terms.
We may monitor any disputes that arise between you and other Members or visitors to the Site, but we have no obligation to do so or to become involved in any way in such disputes.
Complaints. If you believe that a Member or other visitor to the Site has violated our Code of Conduct or otherwise acted inappropriately, you may report such concerns to us via the links provided on the Site or by mail or email at the addresses provided in the Contact Us subsection at the end of these Terms. Upon receiving any such complaints, we may investigate the allegations and determine, in good faith and in our sole discretion, whether to take any of the actions provided for in this section (MONITORING & SUSPENSION/REVOCATION OF USE PRIVILEGES).
ACCOUNT PAYMENTS, CANCELLATIONS & REFUNDS
Charges, Subscription Fees & Payments. When you register as a Member, you agree to pay all applicable charges, including (but not limited to) a monthly subscription fee for access to and use of the Services offered through the Site, at the prices then in effect, unless notified otherwise. You also agree to authorize Gig Razor to submit any charges on your Account to your chosen payment provider. All payments of monthly subscription fees through the Site are final 30 days after registration as a Member, unless your membership became active during a promotional guarantee extension period. We reserve the right, at any time, to change any applicable charges, including (but not limited to) monthly subscription fees for access to and use of the services offered through the Site.
Trial Subscriptions. Gig Razor may offer limited-time free trial subscriptions to Talent Seekers on occasion. Talent Seekers who register on a free trial basis may have limited access to the features of the Site. If a Talent Seeker continues their subscription after the end of the free trial period, the Talent Seeker will be charged the non-promotional monthly subscription fee then in effect and any other applicable charges. To avoid being charged for the Services, a Talent Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period.
Automatic Renewal & Cancellation by You. MEMBER SUBSCRIPTIONS WILL BE AUTOMATICALLY RENEWED ON A MONTH-BY-MONTH BASIS AT THE THEN-CURRENT NON-PROMOTIONAL MONTHLY SUBSCRIPTION RATE, UNLESS SPECIFICALLY NOTIFIED OTHERWISE.
You may cancel your subscription at any time, subject to the provisions set forth in the Refunds and Credits subsection below. To do so, please edit your account settings through the Site or contact us via the “support” link provided on the Site or by mail or email at the addresses provided in the Contact Us at the end of these Terms. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Refunds & Credits. If you choose to cancel your subscription within 30 days of your original registration date, we will refund 100% of the subscription fee that you paid at that time. Otherwise, we generally do not refund subscription fees or any other charges paid except where required by law. We will not issue a refund of the monthly subscription fee on cancellation requests received after your Account has been billed. In addition, no refunds or credits to your Account will be granted for any donations or other payments made to other companies or organizations while registering for membership or using the Site or the Services.
At our sole discretion, we may issue refunds in extenuating circumstances, as a result of specific refund guarantee promotions, in the event that you request cancellation of a duplicate Account, or to correct any errors made by us. In the event that we decide to give a refund, the form of such refund (such as a credit to your Account) is within us sole discretion. Any refunds that they we may make may take up to three to five business days to process.
Account Suspension & Cancellation by Us. If we are unable to verify, authenticate or authorize any Account or payment provider information that you provide, we may suspend access to your Account or terminate your Account at our discretion. We also reserve the right to remove, at any time and for any reason, any complimentary Accounts provided to any Members free of charge.
Billing Errors. We reserve the right to correct any errors or mistakes that we may make in billing, including charging you the wrong subscription fee, even after we have billed your Account and received payment. If you feel you have been charged the wrong subscription fee, please contact us via the “support” link provided on the Site or by mail or email at the addresses provided in the Contact Us at the end of these Terms within thirty (30) days of the charge. If you do not notify us of any discrepancies or unauthorized charges within thirty (30) days of the charge, such charges will be deemed accepted by you and you release us from any and all liabilities and claims of loss resulting from any such error or discrepancy.
RELATIONSHIPS WITH THIRD PARTIES
We are NOT an affiliate, partner or agent of any Member, and we are NOT responsible for any representations, omissions, actions or inaction of any Members, unless we expressly state otherwise.
Advertisers. We may allow certain companies ("Advertisers") to place advertisements on the Site, offer, post, link or advertise discounts or special offers on products or services offered by them or other companies on the Site, and maintain Profiles. Although we have selected the Advertisers, we are not responsible if you choose to contact them or do business with them. Your correspondence and dealings with Advertisers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Advertiser. We have no control, duty or obligation regarding such advertisements, discounts or special offers. We are not responsible or liable for any loss or damage incurred as the result of your dealings with Advertisers or as the result of such advertisements, discounts or special offers or the presence of Advertisers on the Site.
Links. The Site may contain links or produce search results that reference links to websites, services or other resources maintained by third parties (collectively, "Linked Sites"). We have no control over the availability of, or content or opinions expressed on, any Linked Sites. Unless expressed stated on the Site, we do not endorse, sanction, or verify the content or opinions expressed on any Linked Site, and we provide such links merely for our visitors’ and Members’ convenience. In addition, we do not endorse, sanction, or verify sites that link to the Site, even if such other sites use Gig Razor’s logo or service marks as part of the link to the Site. By using the Site to search for or navigate to a Linked Site, you agree and understand that such use is at your own risk.
DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION
Disclaimers & Releases. WE PROVIDE ACCESS TO AND USE OF THE SITE, THE SITE CONTENT AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THAT THE SITE OR SITE CONTENT WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DISCLAIM RESPONSIBILITY AND LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING CONTENT OR ANY OTHER INFORMATION ON THE SITE OR ANY LINKED SITES, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, SUITABILITY, RELIABILITY, TIMELINESS OR LEGALITY OF THE SERVICES, SITE CONTENT OR ANY OTHER INFORMATION AVAILABLE ON THE SITE OR ANY LINKED SITES. WE DO NOT ENDORSE, SANCTION, VERIFY, OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF, SAFETY, OR CONTENT OR OPINIONS EXPRESSED ON, ANY LINKED SITES, AND WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH REGARD TO THE SAME.
WE MAKE NO REPRESENTATION OR WARRANTIES RELATING TO, THE CHARACTER OR FINANCIAL CONDITION OF ANY MEMBERS OR ANY OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR THE REPRESENTATIONS, OMISSIONS, ACTIONS OR INACTION OF, OR CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE SITE (WHETHER THROUGH PROFILES, LISTINGS, COMMENTS, MESSAGES OR OTHERWISE) OR BY OTHER MEANS BY MEMBERS OR OTHER THIRD PARTIES, AND YOU RELEASE US, OUR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNEES, LICENSORS, INDEPENDENT CONTRACTORS, CORPORATE PARTNERS, SUPPLIERS, ADVERTISERS AND SPONSORS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY MEMBERS OR ANY OTHER THIRD PARTIES.
WE MAKE NO REPRESENTATION OR WARRANTY REGARDING, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR, COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS BY YOU OR ANY OTHER MEMBER OR VISITOR TO THE SITE OR ANY OTHER THIRD PARTIES. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY INFORMATION AVAILABLE THROUGH THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES, AND ACCESS TO OR USE OF THE SITE FROM LOCATIONS WHERE THE PROVISION OF SUCH INFORMATION MAY BE ILLEGAL IS PROHIBITED. PERSONS WHO DETERMINE TO ACCESS OR USE THE SITE FROM SUCH LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, ACCURACY, TRUTH, RELIABILITY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF DAMAGES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNEES, LICENSORS, INDEPENDENT CONTRACTORS, CORPORATE PARTNERS, SUPPLIERS, ADVERTISERS OR SPONSORS BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING LOST PROFITS), AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SITE CONTENT OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (A) ANY FAILURE OF ANY OTHER MEMBER OR VISITOR TO THE SITE TO CONFORM TO THE CODES OF CONDUCT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR ANY LINKED SITES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE POSTED OR TRANSMITTED THROUGH THE SITE OR ANY LINKED SITES; OR (E) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT ON THE SITE OR ANY LINKED SITES.
THE LIMITATIONS IN THIS SECTION (DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SITE AND THE SERVICES. SUBJECT TO THE FOREGOING, OUR AGGREGATE LIABILITY, IF ANY, ARISING OUT OF THESE TERMS OR ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE AGAINST US.
APPLICABLE LAW & DISPUTE RESOLUTION
Any arbitration commenced pursuant to this subsection (Arbitration) shall be conducted in West Chester, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The law of the Commonwealth of Pennsylvania for agreements entered into and to be performed therein shall be applied by the arbitrator and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either you or us may seek, from a court of competent jurisdiction in West Chester, Pennsylvania, any interim or preliminary relief necessary to protect the rights or property of you or us pending the completion of arbitration. Should either party file an action contrary to this subsection (Arbitration), the other party may recover attorney's fees and costs up to $1,000.
If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits, nor punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
Notwithstanding the foregoing, in the event the amount in controversy is $10,000 or less, the party asserting a claim may elect to proceed in small claims court in West Chester, Pennsylvania, applying Pennsylvania law for agreements entered into and to be performed therein, which court has full authority to determine the outcome of the dispute.
The arbitrator shall not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding, and any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this subsection (Arbitration) will be null and void and neither of us will be entitled to arbitrate our dispute.
In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against us may be commenced only in a court of competent jurisdiction located in West Chester, Pennsylvania, and we both consent to the jurisdiction of such courts for such purposes.
This subsection (Arbitration) survives the termination of these Terms.
Compliance with the Law. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations relating to your dealings with us, including (but not limited to) your account registration, payments of charges and access to and use of the Site, the Site Content and the Services, and you are solely liable if you fail to so comply. We reserve the right to disclose without notice (as permitted by law) to law enforcement and any third party any information about you that we deem necessary to satisfy any applicable laws, regulations, legal process, or governmental requests or investigations or otherwise protect our legal rights.
Additional Terms for Certain Services or Sites. We may offer additional sites or services that are subject to additional or different terms and conditions. In the event that you access or use such sites or services, we will notify you accordingly, and you will have the opportunity to decline to participate in such sites or services if you disagree with such additional or differing terms and conditions.
Modifications. We reserve the right to change any of these Terms from time to time in our sole discretion. We will not "retroactively" change these Terms. Any changes that we make will be effective immediately upon posting the revised version of these Terms on the Site. The “Updated” date at the beginning of these Terms indicates the date that we last revised these Terms. BY CONTINUING TO ACCESS OR USE THE SITE OR THE SERVICES AFTER SUCH DATE, YOU AGREE TO THE CHANGES MADE TO THESE TERMS.
Assignment or Transfer of Rights. These Terms are not assignable by you, either in whole or in part. We reserve the right to assign our rights and obligations under these Terms.
Severability, If any of these Terms is finally determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, all other terms or conditions contained herein will remain in full force and effect.
Termination & Survival of Terms. You will continue to enjoy your rights and to owe obligations under these Terms until: 1) your subscription is cancelled by you or us; 2) your password is revoked or suspended in accordance with these Terms. We reserve the right, at our sole discretion, to delete Profiles, Comments, Messages and all Member Content that you have posted thereto, upon termination of your Account pursuant to these Terms.
Notwithstanding the above,the provisions of the following sections shall survive the termination of these Terms and shall apply indefinitely:
CONTENT OWNERSHIP & LICENSES
MONITORING & SUSPENSION/REVOCATION OF USE PRIVILEGES
ACCOUNT PAYMENTS, CANCELLATIONS & REFUNDS
RELATIONSHIPS WITH THIRD PARTIES
DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION
APPLICABLE LAW & DISPUTE RESOLUTION
Headings. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of the corresponding sections and subsections.
If you believe that Member Content on the Site or other activity taking place on the Site constitutes infringement of a work protected by trademark, please notify our agent (identified above) via mail, email or the Site. Note that we may provide your contact information and/or the contents of your notice to the user that posted the Member Content you are reporting. In your notice to our agent, you should include the following:
- Your complete contact information, including your full name, mailing address, phone number and email address;
- The specific trademark in which you claim rights;
- Your trademarked word, symbol, etc.;
- The country or countries in which you claim trademark rights;
- Your trademark registration number (if available);
- The category of products and/or services for which you assert rights;
- Information reasonably sufficient to permit us to locate the material on the Site (e.g., a web address or URL, if possible);
- A description of how you believe this Member Content infringes your trademark;
- A declaration that:
o You have a good faith belief that use of the trademark as described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;
o The information in your notice is accurate; and
o You declare under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed; and
- Your electronic signature or physical signature.
When we receive a notice of trademark infringement, we remove or disable access to that Member Content where appropriate. We may also terminate the accounts of repeat infringers in appropriate circumstances
Gig Razor LLC
186 Birchwood Drive
West Chester, PA 19380