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Terms of Use

Here’s what you agree to by using this website.

Last revised May 2, 2016

Introduction and Definitions

The Gig Bureau, LLC, a Delaware limited liability company (d/b/a, and referred to herein as, “GigSalad”), operates this website to provide online booking and promotional tools for performers, event-related service providers, musicians, agents, consumers, talent promoters, event planners, and entertainment buyers of all types. In these Website Terms of Use, the words “you” and “your” refer to any person accessing or using the Site, and the words “we”, “us”, and “our” refer to GigSalad.

To assist you in using our www.gigsalad.com website, including all sub-domains thereof (collectively, the “Site”), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created these Terms of Use. Together, these Terms of Use and our Privacy Policy govern your use of this Site, so please read them both carefully.

By using or otherwise accessing our Site, you are acknowledging that: (a) you have read and understood these Terms of Use, and (b) you unconditionally agree to comply with, and be legally bound by, these Terms of Use as they exist on the date of each such use or access. If you disagree with any of these Terms of Use in any way, please leave this Site now and do not use GigSalad’s services. If you have any questions or need any clarifications, please contact us before using the Site.

Relationship and Conduct

1. Incorporation of Introduction. You hereby represent that everything in the Introduction, above, is true and accurate, and agree that the Introduction is a part of these Terms of Use.

2. Modification of Terms of Use. We may modify these Terms of Use at any time. Any such modifications will apply prospectively, from the date the modifications are made, as designated by the “Last Revised” date depicted above. Your use of the Site subsequent to any modifications will constitute acceptance of the Terms of Use as so changed. You will be given notice of each modification by: (a) the updating of the “Last Revised” date, above, and (b) an email sent to you by us at the address you designate, in the event you choose to designate an email address. If you choose not to designate an email address, you expressly agree that, by updating the “Last Revised” date when modifications are made, we are providing you with sufficient notice of such modifications, and that you will therefore be bound thereby if you continue to use the Site. As such, please check the “Last Revised” date prior to each use of the Site by you, as you will be bound by these Terms of Use as they exist on the date of each such use.

3. Reserved Rights. Without limitation to all other rights enjoyed by GigSalad, we expressly reserve the right at any time to:

  1. Modify these Terms of Use as provided herein;
  2. Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories, business models, offerings;
  3. Terminate the membership of any Member without refund and/or pursue legal action against any user of this website who does not comply with these Terms of Use, though GigSalad assumes no obligation to do the same;
  4. Change any fees or charges for using the Site;
  5. Change, edit, add to, disable or delete any PromoKit information or imagery at our sole discretion, or other Site content, without notice;
  6. Terminate “Event Planner” accounts we feel may be putting our Members at risk, either because they have not provided a valid phone number or because of suspicions we may have regarding the validity of an inquiry;
  7. Revoke any account without refund for acting in a manner GigSalad deems inappropriate or unprofessional during any aspect of member-to-client or member-to-member interaction, including without limitation: initial contact, booking negotiation, performance or service provision, and settlement of payment due; and
  8. Remove any free Member account at any time for any reason.

4. Online Conduct. At all times when using or accessing this Site, you agree that:

  1. You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Site or transmit to other Members.
  2. You will not post on the Site, or transmit to other Members or GigSalad employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Site does not comply with the foregoing.
  3. You will use the Site in a manner consistent with any and all applicable laws and regulations.
  4. You will not include in your profile any offensive or sexually suggestive references or post any photographs or other images containing nudity. GigSalad.com reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions.
  5. You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time.
  6. You will not falsify your identity or misrepresent yourself in any way on the Site or in your GigSalad PromoKit.
  7. You will not “stalk” or otherwise harass any person in any way.
  8. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Site.
  9. You will not transmit any chain letters, spam or junk email to other Members or to us.
  10. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
  11. You will not harvest or collect personal information about other Members whether or not for commercial purposes, without our written consent.
  12. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  13. 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. GigSalad pays royalties to ASCAP and BMI to play music from their artists on our website. As a Member it is your obligation to determine affiliation of songs you upload to the Site. Apart from these affiliations we do not have permission to post music from other artists on the Site and you agree that by uploading your music you have unrestricted permission to post such musical work and recording thereof. For a list of ASCAP and BMI artists, please contact ASCAP and BMI directly.
  14. You will not interfere with or disrupt our services or the Site, or the servers or networks connected to our services or the Site.
  15. You will not post html code except where instructed in any area of your profile on this Site.
  16. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
  17. You hereby grant GigSalad permission to add content to your PromoKit at our sole discretion by uploading content found on the website link that you post as your “Official Website” in order to increase the quality or presentation of your PromoKit.
  18. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
  19. You will not “frame” or “mirror” any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to www.gigsalad.com or our services or the Site in order to direct any person to any other website for any purpose.
  20. You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
  21. You are solely responsible for your interactions with other Members. GigSalad reserves the right, but has no obligation, to monitor disputes between you and other Members.
  22. You will not, for any reason, directly or indirectly submit reviews to a PromoKit with which you are affiliated. Reviews may only be posted by actual clients who have booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion. Also, writing reviews for your competitors with the intent of tearing them down is the lowest form of competitive behavior and will result in immediate termination of your account without refund if we have reason to believe you have done so. As a company we follow the “Golden Rule” and require the same from our Members: treat others the way you wish to be treated. Posting any illegitimate reviews will result in termination of your GigSalad membership without refund, and we may forever bar you from the Site.
  23. You will not re-sell or re-offer any lead you receive through GigSalad to another performer, vendor or service provider, nor will you re-offer or post to any website any lead you receive through your relationship with this website.
  24. You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from GigSalad related to your or another Member’s compliance with these Terms.

Failure to comply with these provisions outlined under “Online Conduct” may result in immediate suspension or termination of your right to use the Site without refunding your membership fees. GigSalad reserves the right, in its sole discretion and in all instances, to determine whether a Member has or has not complied with any provision contained in these Terms.

5. Registration and Membership of Users. While you can visit our Site, and review a range of information about entertainers and groups of entertainers, as well as other materials relating to the entertainment industry, without registering, to post information on our Site, and to obtain access to certain other materials or information from our Site, we may ask that you become a registered user to access certain information. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Site, you agree to provide us with accurate, complete, and updated information required by the registration form (“Registration Data”), including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy.

All financial information addressed on the site (including membership fees, vendor balances, vendor deposits, service fees and/or any other various pricing information) is given in terms of US dollars. All sales are final and will not be refunded, unless specifically agreed to otherwise by us.

When you register at our Site, you will create a password and a user id, which will provide you access to certain services and materials available through the Site unless revoked by us for any reason. You agree not to disclose your user id and password to any third party. If at any time you believe that your user id name and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your login name and/or password immediately through the member control panel on our Site. You agree to be responsible for and to indemnify, defend and hold GigSalad, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

6. Under Age User Policy. In order to use GigSalad you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from registering for and/or booking talent on this website. The Site is not intended for children under the age of 13.

A legal guardian of a Minor who is at least 13 years of age may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account, and such legal guardian’s consent must be verifiable by GigSalad. You represent that the information that you provide about yourself as requested in any account registration form on GigSalad is accurate and complete.

7. Free Member Accounts. GigSalad allows Members to set up one (1) free account, which may be terminated or redacted by GigSalad at any time, for any reason, and without notice. Members shall not have more than one free PromoKit at any one time if they are part of the same affiliation, regardless of Location or Act Name specified in the PromoKit. Members with free accounts are required to keep all bookings on the GigSalad platform. We reserve the right to remove any free member account that directs clients away from GigSalad to complete a booking.

9. Disclaimer. The contents of our Site, and the Site as a whole, is intended strictly for the purposes of: (i) providing a forum for performers, speakers, bands, vendors, musicians and other talent to post information about themselves, and (ii) facilitating the booking of such talent for engagements (collectively, “Permitted Uses”). You represent and warrant that you understand, and agree, that GigSalad is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of this Site regarding the provisions of services at any event or engagement. While we do believe that GigSalad Members will achieve some amount of exposure from a listing on the Site, we do not guarantee in any way that the use of the Site will produce paying clients for our members. We do not represent or guarantee that this Site will further the careers of our Members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, GigSalad does not take responsibility for the content of any Member profile, or Member services offered on any profile. GigSalad does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any Member or user profiles. Concerns regarding any such service, resource, or link posted or offered by a Member should be directed to the particular Member. GigSalad does not endorse, sanction, or verify Members on this website. Contacting these Members, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any Member listed on this Site.

10. No Partnership, Agency, or Affiliation. Unless stated otherwise by GigSalad, it is expressly understood that GigSalad is not the partner, agent, joint venturer, or otherwise an affiliate of you or any Member or other user of the Site.

Intellectual Property Rights and Complaints

11. Site Content Ownership. Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Site (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by GigSalad. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by GigSalad. Unless otherwise noted, by using a third party’s trademark or trade name on this Site, GigSalad does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and GigSalad hereby expressly disclaims any such affiliation or endorsement.

You may download and copy the Contents displayed on the Site solely for personal use, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Site. Use of the Contents or any related software which is not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use, and may also constitute a violation of copyright, trademark, and other applicable laws.

12. License to Submissions. With respect to any text, photographs, designs, images, video clips, musical work, sound recording, sound clips, or other media files you may provide to GigSalad for posting on your PromoKit (collectively, “Submissions”), such Submissions shall remain your property or your licensors’ property. You hereby unconditionally grant to GigSalad a non-exclusive, irrevocable and royalty-free license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, create derivative works from, or otherwise use the Submissions soley in connection with the Site and/or advertisements or other materials promoting the Site.

GigSalad shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your Submissions as authorized in these Terms and Conditions. The foregoing licenses and rights granted to GigSalad will survive your removal of Submissions from the Site, the termination of your account use of the Site, or any other termination of these Terms and Conditions unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days.

You represent, warrant and agree that (i) you own or control all necessary rights in and to the Submissions; (ii) you have the full right and authority to grant the rights, licenses, and permissions in these Terms and Conditions; and (iii) all Submissions submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any content you provide, as GigSalad shall have no obligation to return any content to you should it become damaged or lost.

13. Disclosures by GigSalad. Without limiting any of the foregoing, you agree that GigSalad may use or disclose information about your act and your use of the Site in accordance with our Privacy Policy, which is incorporated by reference herein. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.

14. Complaints About Perceived Trademark Infringement. GigSalad respects intellectual property rights, and will remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.

If you are concerned that a GigSalad member or any content on our Site violates your trademark rights, please seek legal advice. You may also read basic facts about trademark rights, published by the United States Patent and Trademark Office, here.

Once you have determined that a violation of your trademark rights (“infringement” for the purposes of this section 14) has occurred, we encourage you to contact the GigSalad user responsible for the content about the perceived infringement. You and the member may be able to resolve the issue quickly without GigSalad’s involvement.

If you believe the perceived trademark infringement requires action by GigSalad, you may submit a formal claim of perceived infringement to GigSalad. Doing so is a serious matter that has legal consequences, and you may not submit a claim of perceived infringement of someone else’s trademark rights. To submit a claim of perceived trademark infringement of Your Mark, please fill out all fields in this claim form, and fax, mail, or email the completed claim to GigSalad as follows:

The Gig Bureau, LLC
Attn: Heather Roonan, IP Enforcement Agent
2733 E. Battlefield Rd, Box 105
Springfield, MO 65804
Telephone: 417.889.9909
Fax: 417.863.9788
Email: trademarks (AT) gigsalad (DOT) com

To be considered a complete claim, you will be required to provide all of the following information:

  • Your full name, mailing address, email address, and phone number;
  • The specific word, term, design, image or other device in which you claim trademark rights (“Your Mark”);
  • A summary of the goods and/or services sold or offered by you under Your Mark;
  • The United States Patent and Trademark Office (USPTO) or Canadian Intellectual Property Office (CIPO) registration number for Your Mark;
  • The URL, or other information, sufficient to permit GigSalad to locate and identify the material you contend infringes Your Mark;
  • A detailed description of how you believe the reported material infringes Your Mark;
  • A declaration, under penalty of perjury, that either (a) you are the owner of Your Mark, or (b) you are an authorized representative of the owner (including an explanation of your relationship to the owner of Your Mark);
  • A declaration, under penalty of perjury, that: (a) you believe in good faith that content complained of is not authorized by the owner of Your Mark, its agent, or the law; and (b) the information contained in the completed claim form is accurate in all respects; and
  • Your signature.

GigSalad will process any claim complying with the foregoing. If we believe, in our sole discretion, that you have established a prima facie claim of trademark infringement, we will: (a) promptly suspend the member or disable access to the complained-of material, (b) notify the member of your claim, and (c) remove the material or member from the Site or take other action(s) to address the perceived infringement; however, if such member promptly provides GigSalad with persuasive evidence or arguments, in GigSalad’s discretion, that the complained-of materials do not infringe Your Mark and should not have been removed, we will reinstate the member and/or restore the materials. If we decide to restore any such material, we will notify you and encourage you to reach out directly to the member about your claim.

Please be advised that we may provide an alleged infringer with any communications from you about the perceived infringement, including the claim form submitted by you. We may also provide any responses received and communication related thereto, to the provider of the original notification of perceived infringement.

Without limiting GigSalad’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Site without notice, and may no longer be permitted access to the Site. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the trademark rights of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s trademark rights in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms and Conditions.

If you are concerned that any content on our Site infringes any rights you enjoy under copyright law in specific material (a “Work”), please seek legal advice. You may also read basic facts about copyrights, published by the United States Copyright Office, here.

Once you have determined that a violation of your copyright interests (“infringement” for the purposes of this section 15) has occurred relative to Work you created or own, you must follow the procedures set forth below.

15.A. User-Generated Content; DMCA. If you believe that content on our Site that was generated by a member or other user infringes your copyright interests in your Work, we encourage you first to contact the user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without GigSalad’s involvement.

If you believe the perceived copyright infringement requires action by GigSalad, you must submit to GigSalad a formal takedown notice (a “Takedown Notice”) fully compliant with the Digital Millennium Copyright Act (“DMCA”). The DMCA establishes the procedures to be followed when GigSalad receives a Takedown Notice from a putative copyright holder or agent of a copyright holder (hereafter referred to as the “Complainant”). Submitting a Takedown Notice is a serious matter that has legal consequences, and you may not submit a Takedown Notice based on perceived infringement of someone else’s copyright interests, or of legal interests other than copyright interests.

You may use this claim form provided by GigSalad, or may prepare your own Takedown Notice. At a minimum, any Takedown Notice submitted to GigSalad for processing must contain at least the following:

  • An identification of the infringed copyrighted work, or, if multiple copyrighted works are covered by a single Takedown Notice, a list of all works alleged to have been infringed;
  • An identification of the alleged infringing material and information reasonably sufficient to permit us to locate the material;
  • Contact information of the Complainant, such as an address, telephone number, electronic mail address;
  • A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information contained in the Takedown Notice is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive copyright interest that is being infringed; and
  • A physical or electronic signature of the Complainant.

You must submit the completed Takedown Notice to GigSalad’s designated agent under the Digital Millennium Copyright Act (“DMCA”), which may be found here and is provided below:

The Gig Bureau, LLC
Attn: Heather Roonan, DMCA Designated Agent
2733 E. Battlefield Rd, Box 105
Springfield, MO 65804
Telephone: 417.889.9909
Fax: 417.863.9788
Email: dmca (AT) gigsalad (DOT) com

Upon receipt of a Takedown Notice GigSalad deems substantially complete and valid, we will follow the notice, takedown and counter-notification procedures set forth in section 512(c) of the DMCA, beginning with expeditiously removing, or disabling access to, the complained-of material. Please be advised that we may provide an alleged infringer with any communications about the claimed infringement, including the Takedown Notice submitted by you. We may also provide any counter notifications received and communication related thereto, to the provider of the original notice of claimed infringement.

Without limiting GigSalad’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Site without notice, and may no longer be permitted access to the Site. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the exclusive copyright interests of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s exclusive copyright interests in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms and Conditions.

15.B. Other Content. If you believe the perceived copyright infringement involves content generated by GigSalad, rather than members or other users of the Site, please contact us with a detailed explanation of the perceived infringement. We will review what you send and promptly take appropriate action, in our discretion, if any action is required.

Disputes, Liabilities, and Disclaimers

16. Disclaimer of All Warranties. All data and information featured on this Site is provided strictly “AS-IS” and without any warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) the quality or availability of any postings made by you or any other users of the site; (ii) whether any scheduled events or engagements will occur; (iii) whether persons or acts contacted through the site will appear at any events or engagements; (iv) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (v) any details relating to any transactions you may engage in with any other use of the Site; (vi) the quality of the listings or other information offered by you or any user of the Site; (vii) the financial condition of you or any user of the Site; or (viii) compliance with local, state and federal laws by you or any other user of the Site. Gigsalad makes no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.

17. Limitation of Liability. Neither GigSalad nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Site shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Site. To maximum extent allowed by applicable law, GigSalad shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content on the site or information flowing through the site.

18. Assumption of Risk. Your use and browsing of the Site is at your risk. You should conduct your own independent investigation of the users of this Site before entering into any transaction with such persons. In no event shall we or any other party involved in creating, producing, or delivering the site be liable for any financial or other obligations that may arise between you and any other user of the Site.

You acknowledge that documents posted to and content available at the Site may contain computer viruses and you expressly assume that risk. Should you download any such materials from the Site, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the Site.

You acknowledge that your use of the Site is at your sole risk, and agree to verify any information before relying upon it. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site.

19. Waiver and Release. By using this Site, you hereby waive any rights of recovery, under any theory of law, that you may have against GigSalad, and its parents, subsidiaries and affiliates, and you release GigSalad from any claim, cause of action or demand, on account of your use of the Site or the provision of the Site by GigSalad.

20. Indemnification. By using the Site, you agree to indemnify, defend, save and hold harmless GigSalad, and its officers, directors, employees, agents, licensors, affiliates, parents, subsidiaries, subcontractors and suppliers against any loss, damage, cost or expenses arising out of or in connection with: (i) your use of this Site, (ii) any breach by you of these Terms of Use, and/or (iii) any representation or warranty made herein.

21. Applicable Law. The laws of the State of North Carolina will govern these Terms of Use, as well as any claim between you and GigSalad related to the Site or GigSalad’s services, without regard to conflict of laws provisions thereof.

22. Exclusive Jurisdiction. You and GigSalad further agree that any dispute, claim, or action to interpret or enforce these Terms of Use, or in any way related to your use of the Site or GigSalad’s services, may only be brought exclusively in the state or federal courts of North Carolina. You agree to submit to the personal jursidiction of such courts for the purposes of litigating any such claim(s).

23. Enforcement Costs. Should either of us employ an attorney or attorneys to enforce any the provision(s) of these Terms of Use, the non-prevailing party in any final judgment agrees to pay the prevailing party’s reasonable expenses, including attorneys’ fees and expenses, incurred in connection with such enforcement action and efforts, as determined by a court of competent jurisdiction.

Miscellaneous

24. Site and Service Modifications. We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time.

25. Transfer of Rights and Assignment. GigSalad may wish at some point to assign or transfer its rights in this Site to a third party, whether in connection with a merger, acquisition, asset sales, reorganization or otherwise. You agree that GigSalad may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by a privacy policy at least as protective as GigSalad’s then-applicable Privacy Policy.

26. Severability. Invalidation of any provision of these Terms of Use shall not impair or affect in any manner the validity and enforceability of the remaining portions, which in such event shall remain in full force and effect as if such invalid provision had never been included herein.

27. Captions. The captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of this Agreement.

28. Entire Agreement; Amendments and Waiver. These Terms of Use comprise the entire agreement between the parties regarding your use of the Site, and supersede all prior understandings regarding the same. If we fail to enforce any of our rights arising out of these Terms of Use, such failure shall not constitute a waiver thereof. To be valid and enforceable, any amendment to or waiver of these Terms of Use must be made in writing, signed or posted to the Site by GigSalad.