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GIGSDIRECT.COM TERMS AND CONDITIONS OF WEB SITE USE

Version 1.0 as of January 8, 2003 You must read the following terms and conditions governing the use of the GigsDirect Website. These terms limit the liability of GigsDirect and may limit your legal remedies and rights against gigsDirect or third parties. The following terms and conditions governing the GigsDirect.com website are the whole and complete terms governing this website. Any conflict with other writings disseminated by GigsDirect will be resolved in favor of these terms and conditions. GigsDirect is a wholly owned subsidiary of Miner Media LLC. These terms apply to all pages currently located at or linked through the root URL of www.gigsdirect.com. When using this website you are consenting to be bound by these terms and conditions and any modifications made to them at all times. Take the time to read these terms carefully, and check the “I Accept” button located at the bottom of the page. You must check the “I Accept” button to proceed.

Use of Materials: The information, artwork, text, audio, pictures, software, database and other intellectual property (collectively the “materials”) contained on the Website are protected by copyright and international laws. You may only use these materials personal, educational, or intended business purposes. You may not reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the materials, unless authorized by the appropriate copyright owner(s). You may not link directly to any media file located on a GigsDirect.com server. Specifically, the music, pictures and other artwork contained on this website are the exclusive property of their original owner. Both federal and international law prohibit the unauthorized use, download or dissemination of the material found on the GigsDirect Website without the express written consent of both the original owner and GigsDirect. As such, GigsDirect reserves the right to prosecute such violators to the full extent of the law.

Sites Linked From the Website: Links to third-party web sites from the Website are not necessarily under GigsDirect.com’s control, and GigsDirect.com does not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. GigsDirect.com does not investigate, monitor or check for accuracy of such third-party web sites and GigsDirect.com does not intend any such links to third-party web sites to imply GigsDirect.com’s sponsorship or endorsement thereof. Your use of links shall be done at your own risk. Thereby, GigsDirect expressly disclaims any liability for violations by sites linked from the GigsDirect Website.

Copyright and Trademark Infringement Policy and Notification Procedure: GigsDirect.com does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the “content”) posted by third parties to the Website. All content is posted by an individual, group or company (collectively, the “Artist”) who has represented and warranted to GigsDirect.com that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the “Name”) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights.

Since GigsDirect.com is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Website, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the “Complainants”) and the Artists. We recommend that Complainants immediately notify Artists about allegations of infringement by going to the Artist's page on the Website, clicking the Contact tab and using the email tool provided to transmit a message. It has been GigsDirect.com’s experience that most Artists are honest and responsible citizens who may not realize they are engaged in infringing activities. Typically, once notified of a claim, Artists voluntarily cease using such infringing Content and/or Name on the Website and elsewhere.

Complainants may also notify GigsDirect.com concerning any Content and/or Name being used on the Website in violation of their rights by sending an e-mail to manage@gigsdirect.com with the subject “Content Complaint”. Please include the URL of the artist, their contact information, the basis of your complaint, and your contact information.

Please note, until receiving notification from Artists and Complainants that their disputes have been resolved, it is unlikely that GigsDirect.com knowingly will permit any Artist, including the Complainant, to post such allegedly infringing the Content and/or the Name on the Website. Of course, GigsDirect.com will be happy to cooperate as is reasonable with respect to implementing any agreement among the parties to such a dispute.

Forward-Looking Statements: GigsDirect reserves the right to imply new developments to the websites content and features. Until these features are released they are only predictions and are not guaranteed. Actual events may differ significantly from these predictions. Specifically, GigsDirect reserves the right to change the content and layout of the GigsDirect Website from time to time.

Modification of Terms and Conditions: GigsDirect.com reserves the right to modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, GigsDirect.com will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. GigsDirect.com is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.

Pricing and Availability: The pricing and availability of our service is left to the discretion of GigsDirect.com at all times. GigsDirect is resolved to produce a high quality service. As such, GigsDirect reserves the right to change the prices of the services rendered to reflect changes in supply cost to GigsDirect. Prices are subject to change at anytime and GigsDirect may introduce or discontinue the service at any time.

Termination: If your conduct is deemed to be unsatisfactory for any reason your account may be suspended or terminated. This includes the quality of content you post to our site, general use patterns on the site, and current account balances and payment status. Suspension or termination of an account is left to the sole discretion of GigsDirect. Violations of these terms and conditions may result in the suspension or termination of your account.

Your Conduct: You shall use the Website for lawful purposes only. You may not use the GigsDirect Website and/or services for any unlawful use. Violation of GigsDirect policy includes, but is not limited to, the posting or transmission via the Website of any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without GigsDirect.com’s express prior approval, contains advertising or any solicitation with respect to products or services. GigsDirect reserves the right to modify or erase offensive, illegal, or any other content not intended by the site. GigsDirect specifically prohibits the use of pornography or discrimination based on race, gender, sexual preference, age or nationality.

GigsDirect reserves the right to refuse service to anyone, based on the sole discretion of GigsDirect. GigsDirect expressly reserves the right to refuse or terminate service to anyone who violates the terms and conditions herein, or for any other reason that GigsDirect deems reasonable.

International Use: GigsDirect.com makes no representation that Materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws. International users of the Gigsdirect Website are bound by these terms and conditions.

Governing Law: GigsDirect is a Utah corporation. Any dispute arising over these terms and conditions will be governed by Utah law. Any dispute arising over these terms and conditions will be heard before a Salt Lake City, Utah court with competent jurisdiction. In the event that no such court is available, all disputes will be heard by a court located within the State of Utah. GigsDirect retains the right to prosecute unauthorized use of the Content found on the GigsDirect Website by way of local, federal and international law. Please see “General Provisions” for a complete and accurate description of the law and courts governing any potential disputes.

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GigsDirect.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, GigsDirect.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. GigsDirect.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL GigsDirect.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability: By availing yourself of the Website, Materials or related services, you agree to release and hold harmless GigsDirect.com and the employees, officers, directors, shareholders, agents, representatives of GigsDirect.com, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with GigsDirect.com, any third-party providers or sources of information or data and legal advisers (collectively, “GigsDirect.com Affiliates”) from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of GigsDirect.com that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold GigsDirect.com Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL GigsDirect.COM BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF GigsDirect.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Utah as such laws are applied to agreements entered into and to be performed entirely within Utah between Utah residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Salt Lake City, Utah, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. GigsDirect.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The terms and conditions contained herein are the whole and complete terms and conditions governing the use of the GigsDirect Website.

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