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.
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.
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
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.
15. Complaints About Perceived Copyright 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 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
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.