Welcome to Gigfomo.com! These Terms of Service (“Terms”) constitute a written contract (the “Agreement”) between you and Gigfomo, LLC (“Gigfomo,” “us,” “we,” or “our”) governing your use of www.gigfomo.com (the “Site”) and/or any other mobile apps, sites, software, services, or platforms provided by us (collectively, the “Service”). You acknowledge and agree that by registering, accessing, or using our Site or Service that you are entering into a legally binding contract with GigFomo. If you do not agree with our Terms or Privacy Policy, please do not use the Site or any associated Service.

Use of the Site is subject to our Privacy Policy and all additional policies, guidelines, and terms referenced or linked to our Site, which are made part of these Terms by this reference.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. SEE ADDITIONAL DETAILS BELOW.

ABOUT GIGFOMO AND OUR SERVICE

What We Do

Once you create an account, we can send alerts about upcoming concerts, shows, and events to give you the best chance to get tickets. We tell you when you can buy the tickets you want or when tickets become available at the price you want to pay. Our Service learns about the artists, sports, and other events you care most about, and then sends you only the notifications for the locations you want. You can choose the notification style (e.g., SMS, Email, etc.) and frequency, or view a feed of recent alerts. You can also set the maximum price you are willing to pay for a ticket and we will alert you as soon as a ticket that meets your criteria becomes available. You are in control. Once you create an account, you can indicate the artists, music styles, sport types, sports teams, and cultural event types that you are interested in. You can also connect your music streaming and ticket accounts and Gigfomo will import your playlists and event history to give you the most accurate and timely alerts.

What We Don’t Do

We are not a retailer for event tickets or a ticket resale marketplace; we do not sell event tickets. Gigfomo provides a platform where you can learn about and receive alerts about upcoming concerts, plays, and events so that you can get tickets before they sell out. We do not own, manage, or control the purchase of tickets. We have no affiliation with any event venues. Gigfomo allows you to create an account and customize/save information, such as you favorite artists and set price alerts, but if you select an event from our Site, you will be redirected to the website of a third party responsible for the purchase of the tickets. Your use of those third- party websites is governed by their terms and conditions and privacy policies. We do not make any representation or warranty regarding events you attend or any tickets that you purchase. You agree that your purchase and attendance of an event will be governed by your agreement with the third party responsible for the sale of the ticket, any related ticket marketplace, and venue where the event is held. You agree that Gigfomo will have no liability with respect to your purchase, any third-party website, offer, or content, or your attendance of any event. You agree that you are subject to those third parties’ terms and policies.

DISPUTE RESOLUTION

This section governs any dispute between you and us, and how that dispute will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between you and Gigfomo, and not to disputes between you and any other user or third party.

Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of California without regard to its conflict of law principles. Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in Los Angeles, California (a “Court of Competent Jurisdiction”). You and Gigfomo stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.

Binding Arbitration. If you and Gigfomo cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state, or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and Gigfomo agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

Payment of Fees. If you initiate arbitration against Gigfomo, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Gigfomo initiates arbitration against you, Gigfomo shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Gigfomo agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Gigfomo will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute.

No Class Actions. You and Gigfomo agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Gigfomo, including as a plaintiff or class member in any purported class action.

YOUR ACCESS TO AND USE OF THE SERVICE

Eligibility. The Service is directed to users who are 18 or older and otherwise competent to enter into lawful contracts under applicable law. Gigfomo does not knowingly collect, either online or offline, personal information from persons under the age of 13. Please note that while some of the events listed on the Service may appeal to children, the Service is not targeted at children under the age of 13, and they are not permitted to use the Service. If you are under 18, you may use the Service only with the permission of a parent or guardian.

Limited License. Subject to your compliance with this Agreement, Gigfomo grants you a non- exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site and Service. The license allows you to use the Site and Service, but does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Site or Service without our prior express written consent. All rights not expressly granted in this Agreement are reserved by Gigfomo.

Account Registration. To use parts of the Service, including to create alerts to notify you about upcoming events, you must create an account (your “Account”). You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify Gigfomo immediately of any unauthorized use of your Account. We reserve the right to refuse, suspend, or terminate your Account and license to use the Site and Service, or take such other action as we deem necessary, in our discretion at any time for your suspected or actual breach of this Agreement or any applicable law.

REDIRECTION AND THIRD-PARTY TICKET PURCHASE SERVICES

To purchase tickets for an event, you will be redirected from our Service to a third-party service to make your purchase. Please bear in mind that any tickets purchased will be with the third-party and not with us. We are not responsible for purchases made through third-party services and we have no liability to you in respect of such purchases. The terms and conditions of the third-party service provider will set out what rights you have against them and will explain their liability to you.

THIRD PARTIES

Third parties are any person or business other than you or us—in other words, someone who is not a party to this Agreement. Here are a few examples of third parties:

• Our vendors. These third parties help us to run the Site. To do so, they may place cookies on your device or have access to your personal information. We address the exchange of information with our third-party vendors in our Privacy Policy.
• Other users of the Website. While other users may have agreed to the terms of the Site, they are not a party to the Agreement between you and us. Accordingly, when other users post User Content to the Site, it is third-party content—meaning neither you nor we are responsible for it.
• Other websites or apps. Our Service contains links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not.

Third-Party Content. Third-party content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Service by a third party. Third parties are solely responsible for their own content. We do not review all third-party content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party content.

Third-Party Websites. The Service contains links and redirects to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website.

CONSENT TO RECEIVE NOTIFICATIONS & ELECTRONIC COMMUNICATIONS

You consent to receive electronic and telephonic communications from us, including marketing communications, such as phone calls, text messages, emails, and mobile push notification. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:

• For email, click on the “unsubscribe” link in the email and follow any subsequent directions.
• For text messages, respond STOP.
• For phone calls, ask to be placed on the caller’s internal Do Not Call list.

For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.

INTELLECTUAL PROPERTY

Our Intellectual Property. Our name, logo, product names, the Site domain, and all content and other materials available through the Service other than User Content (collectively, the “Company IP”), are the trademarks, copyrights, and intellectual property of Gigfomo or its licensors, suppliers, and third parties. Neither your use of the Site, Service, or this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated because of your use of the Site or Service will inure to the benefit of Gigfomo, and you agree to assign, and do assign, all such goodwill to Gigfomo. You shall not at any time, nor shall you assist others to, challenge Gigfomo’s right, title, or interest in, or the validity of, the Company IP.

User Content. The Service may offer users the opportunity to contribute content, including reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and media such as files, images, photographs, video, sound recordings, and musical works (collectively referred to as "User Content"). These contributions can be made through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication channels provided on or through the Service. By submitting User Content, you agree not to upload, post, or otherwise share any material that infringes upon copyrights, trademarks, or other proprietary rights without explicit permission from the owner. You are solely responsible for any infringements or damages resulting from your submissions. Additionally, by contributing User Content, you confirm that you either own the content or have the necessary permissions from the owner to submit it. You further warrant that the use and sharing of the User Content will not violate any copyrights, trademarks, or other intellectual property rights of third parties. You agree not to upload, post, transmit, or share User Content that is unlawful, harmful, threatening, abusive, harassing, hateful, discriminatory, obscene, violent, deceptive, defamatory, or otherwise objectionable. Furthermore, you will not share User Content containing viruses, malware, or any other harmful elements designed to disrupt or damage software or computer systems. Gigfomo reserves the right, but not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose User Content at its discretion. Gigfomo may remove any content from its platforms without liability. Gigfomo is not obliged to use User Content and may choose not to use it at all.

While it may be possible to modify or remove User Content submitted through your account, we don’t guarantee that modified or removed content will be eliminated from the Service or other online platforms, including search engines and social media websites.

License to Use Your Content. You are always the owner of your own User Content; however, Gigfomo requires the following license from you in order to be able to display your Content on the Website as expressly permitted by you—for example, to make your reviews or testimonials visible to others: You grant to Gigfomo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your User Content throughout the world in any media now existing or created in the future. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

DMCA Notice and Procedure for Copyright Infringement Claims. Gigfomo respects the intellectual property rights of others. We follow the notice and takedown procedures of the Digital Millennium Copyright Act ("DMCA"). Additionally, we will terminate the accounts of repeat infringers in appropriate circumstances.

If you believe content located on or linked to the Service violates your copyright, please immediately notify us by emailing us a DMCA takedown notice ("Infringement Notice"), providing the information described below. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the content available at the most recent email address they provided to us. Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following:

• (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
• (b) an identification of the copyright claimed to have been infringed;
• (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Gigfomo to find and positively identify that material;
• (d) your name, address, telephone number, and email address; and
• (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

All Infringement Notices should be sent to [email protected] with the subject line "DMCA Notice". If you believe your content was removed by mistake, we also encourage you to contact us. Gigfomo will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

PROHIBITED CONDUCT

We impose certain restrictions on your use of the Service. You are prohibited from doing any of the following:

• providing false, misleading, or inaccurate information to Gigfomo or any other person in connection with your Account, or the Service;
• impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
• accessing the Account of any other user;
• modifying or changing the placement and location of any advertisement posted through the Service;
• harvesting or collecting information about users, including email addresses and phone numbers;
• using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Service for any use, including any use on another website, app, or media;
• accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures;
• interfering with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
• forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
• while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific content and/or the Service; or
• creating additional Accounts to promote yourself, your business, or a third-party (or another's) business, or causing others to do so.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIGFOMO DISCLAIMs ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, COURSE OF DEALING, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GIGFOMO DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. GIGFOMO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, FULLY SECURE, OR ERROR-FREE. THERE ARE INHERENT RISKS IN USING THE INTERNET AND THE SERVICE. GIGFOMO DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR THE LIKE. BY USING THE SERVICE, YOU ASSUME ALL RISKS INHERENT IN DOING SO.LIMITATION OF LIABILITY

THE INFORMATION, CONTENT, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GIGFOMO MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICE AT ANY TIME.

TO THE FULLEST EXTENT PERMITTED BY LAW, GIGFOMO WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING SERIOUS BODILY HARM AND DEATH) ECONOMIC LOSSES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER FORM OF LOSS, DAMAGES OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, OR FAILURE TO MEET ANY DUTE, INCLUDING GOOD FAITH OR REASONABEL CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.

INDEMNIFICATION

In addition to any other indemnification obligations expressly stated in this Agreement, you agree to indemnify, defend and hold harmless Gigfomo and its owners, officers, directors, employees, contractors, attorneys, agents and licensors against any third party (including your insurance company) claim for property damage, personal injury (including serious bodily harm and death), economic losses, attorneys' fees, expenses, or any other damages or loss (in each instance, a “Claim”) arising out of or relating to: (1) your use of the Site or our Service, (2) your Account, (3) your purchase of tickets to any event listed on the Site, (4) your breach of this Agreement, (5) your User Content, (6) your violation of any applicable laws, and/or (7) your violation of the privacy, intellectual property, or other right of any third party. The foregoing indemnification obligations may not be enforceable in some jurisdictions, so such obligations may not apply to you.

TERMINATION

Gigfomo reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice. If you breach these Terms or any applicable law, your rights under these Terms, including your right and limited license to use the Service, will immediately terminate without further notice to you. Without limiting any other provision of these Terms, the provisions relating to indemnification, dispute resolution/mandatory arbitration, general terms, intellectual property, disclaimer of warranties, and limitation of liability disclaimers shall expressly survive the termination of these Terms.

MODIFICATIONS

We reserve the right to discontinue or modify any part of these Terms at any time and in our sole discretion. If we make changes that affect your use of the Service, we will post notice of the change on the Terms of Service page. Any changes to these Terms will be effective upon our posting of a revised version of the Terms on the Site, provided that these changes will be prospective only and not retroactive. The “Last Updated” date above will let you know when the Terms were last revised. If you do not agree to the changes, you may close your account and you should not use the Service after the effective date of the changes.

We recommend that you revisit our Terms regularly to ensure that you stay informed of any changes. You agree that your continued use of the Service after the Terms have been revised will constitute acceptance of these changes and the Terms as modified.

OTHER TERMS AND POLICIES

We take your privacy very seriously. Our privacy policy (“Privacy Policy”) is a part of this Agreement and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Site, how it is used and shared with our service providers, and what your rights are with respect to such information. The Privacy Policy is available here.

GENERAL

Electronic Notice. You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Severability. If any provision of this Agreement is declared invalid, void, or unenforceable, then that provision is severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

No Waiver. A waiver by either you or Gigfomo of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Independent Contractors. You understand and agree that you and Gigfomo are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

Force Majeure. Neither party will be liable for any force majeure event beyond its reasonable control, including an act of God, riot, war, terrorist act, pandemic, natural disaster, government order, strike, fire, or explosion.

Entire Agreement. These Terms constitute that entire agreement between you and Gigfomo with respect to you use of the Service and supersedes all prior contemporaneous communications and proposals.

CONTACT US

If you have any questions, comments, or complaints regarding these Terms or the Site, please contact us at:

• Airmosa, LLC
• Attn: Legal Department
• 832 Monterey Blvd
• Hermosa Beach, CA 90254
• United States
• [email protected]