User Agreement
This User Agreement (the "Agreement") governs your use of GigBlast.com (the "Site") and the GigBlast platform (the "Service"), which are provided by GigBlast, Inc. ("GigBlast," "we," "us," or "our"). By accessing or using the Site or Service, you agree to be bound by this Agreement and all of its terms and conditions.
1. Your Account
To access the Service, you must create a GigBlast account. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to provide accurate and complete information when registering for an account and to keep this information up to date. You also agree to comply with all applicable laws and regulations when using the Service.
2. License to Use the Service
GigBlast grants you a personal, non-exclusive, non-transferable, limited, and revocable license to use the Service for your personal, non-commercial use, subject to your compliance with this Agreement.
3. Restrictions on Use
You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service. You may not access or attempt to access any systems or servers on which the Service is hosted, or modify or alter the Service in any way. You may not use any robot, spider, scraper, or other automated means to access the Service.
4. User Content
You retain all ownership rights in any content you submit or post to the Service ("User Content"). By submitting or posting User Content, you grant GigBlast a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and GigBlast's business.
5. Prohibited Content
You agree not to submit or post any User Content that is illegal, obscene, defamatory, libelous, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense. GigBlast reserves the right to remove any User Content that violates this Agreement or is otherwise objectionable.
6. Intellectual Property
All content on the Site and Service, including but not limited to text, graphics, logos, and software, is the property of GigBlast or its licensors and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any content on the Site or Service without the express written consent of GigBlast or the applicable copyright owner.
7. Termination
GigBlast may terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, you will lose access to your account and any User Content you have posted. You may also terminate your account at any time by contacting GigBlast customer support.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. GIGBLAST DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
IN NO EVENT SHALL GIGBLAST, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to indemnify, defend, and hold harmless GigBlast, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and Service, your violation of this Agreement, or your infringement of any intellectual property or other rights of any third party.
11. Modifications to the Service
GigBlast reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice. You agree that GigBlast shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
13. General
This Agreement constitutes the entire agreement between you and GigBlast concerning your use of the Service and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and GigBlast with respect to the Service. If any provision of this Agreement is held to be unenforceable, that provision shall be removed and the remaining provisions shall be enforced. The failure of GigBlast to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
14. Contact Information
If you have any questions or concerns about this Agreement, the Site, or the Service, please contact us at legal@gigblast.com.