1. Eligibility. You must be at least eighteen (18) years of age to register as a member of Gigscout.com or use the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Membership and Subscription; Pricing. You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must become a paying subscriber to the Service. For purposes of this Agreement, the term “Member” includes subscribers, unless where its usage indicates otherwise.

3. Term and Termination.

(a). This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Membership page (accessible from the My Profile page) of the Service. All purchases are final. No refund will be given for unused portions of your subscription period. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Gigscout.com may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Gigscout.com. If Gigscout.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Gigscout.com. Gigscout.com is not required to provide you notice prior to terminating your membership and/or subscription. Gigscout.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect.

(b). If You cancel your paid subscription, various Gigscout.com features will no longer be available to You and some of the photos, audio, and/or video that you have uploaded to your Gigscout.com profile may be removed to conform to a Standard Membership as specified in Gigscout.com's feature comparison chart.

4. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Gigscout.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Gigscout.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

5. Your Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that Gigscout.com does not in any way screen its Members, nor does Gigscout.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Gigscout.com makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall Gigscout.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.

6. Proprietary Rights in Content on Gigscout.com

(a). By displaying or publishing ("posting") any Content on or through the Service, you hereby grant to Gigscout.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Service. Gigscout.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Service. After posting your Content to the Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.

(b). You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service.

(c). The Service contains Content of Gigscout.com ("Gigscout.com Content"). Gigscout.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Gigscout.com owns and retains all rights in the Gigscout.com Content and the Service. Gigscout.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Gigscout.com Content (excluding any software code) solely for your personal use in connection with viewing the Gigscout Website and using the Service.

(d). The Service contains Content of Users and other Gigscout.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service

7. Content posted by You on Gigscout.com.

(a). You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, 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). You will not post inaccurate, misleading or false information to the Service or to any other Member.

(b). You understand and agree that Gigscout.com may review and delete any content, messages, photos, audio, video or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Gigscout.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

(c). By posting Content to any public area of Gigscout.com, you automatically grant, and you represent and warrant that you have the right to grant, to Gigscout.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Gigscout.com will not infringe or violate the rights of any third party.

8. Content/Activity Prohibited

(a). The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Gigscout.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited activity includes, but is not limited to:

• criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;


• harasses or advocates harassment of another person;


• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";


• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;


• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;


• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);


• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;


• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;


• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and


• engages in commercial activities and/or sales without our prior consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

(b). Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

(c). You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Gigscout.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

(d). All information you include in your Member profile must be accurate, current and complete.

(e). Gigscout.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

• You will not impersonate any person or entity.


• You will not "stalk" or otherwise harass any person.


• You will not express or imply that any statements you make are endorsed by Gigscout.com without our specific prior written consent.


• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.


• 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.


• You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.


• You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.


• 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 computer software or hardware or telecommunications equipment.


• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.


• You will not "frame" or "mirror" any part of the Service or the Website, without Gigscout.com’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Gigscout.com or the Service or the site in order to direct any person to any other web site for any purpose.


• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Gigscout.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Gigscout.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide Us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, email Us as at: copyright_agent [at] gigscout.com.

9. Modifications to Service. Gigscout.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gigscout.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. Disclaimers. Gigscout.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Gigscout.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Gigscout.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Gigscout.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Gigscout.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Gigscout.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Gigscout.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

11. Limitation on Liability. IN NO EVENT SHALL GIGSCOUT.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GIGSCOUT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GIGSCOUT.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GIGSCOUT.COM FOR THE GIGSCOUT SERVICES DURING THE TERM OF MEMBERSHIP.

12. U.S. Export Controls. Software available in connection with the Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

13. Disputes. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Minnesota for the resolution of any such dispute.

14. Indemnity. You agree to indemnify and hold Gigscout.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Gigscout Website or through the Service causes Gigscout.com to be liable to another.

15. Other. This Agreement is accepted upon your use of the Gigscout Website or any of the Gigscout Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Gigscout.com regarding the use of the Service. The failure of Gigscout.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact Gigscout contact with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.