Terms and Condition


These terms of service set forth the general guidelines and acceptable and prohibited uses of the GigApp application and website, and any of its related products and services (collectively, "Services"). This Policy is a legally binding agreement between you ("User", "you" or "your") and GigApp ("Operator", "we", "us" or "our"). By accessing and using the Mobile Application, Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Mobile Application, website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application, website and Services. 1. CREATING AN ACCOUNT Once you create an account with us, you are registered on the GigApp mobile application. The terms "member," "membership," and "account" all refer to this registration as a member on GigApp mobile application. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GigApp is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, GigApp will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of GigApp Services, or any portion thereof. Prohibited activities and uses · Restrict, suspend or terminate your access to all or any part of our Site; · Change, suspend or discontinue all or any part of our products or Site; · Refuse, move, or remove any content that is available on all or any part of our Site; · Deactivate or delete your accounts; · Establish general practices and limits concerning use of our Site. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the actions mentioned above in our sole discretion at any time and for any reason without giving you any prior notice. 2. CONDUCT As a user or member of our platform, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the GigApp Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by GigApp. Furthermore, you herein agree not to make use of GigApp's Services for the purpose of: a.Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; b.Causing harm to minors in any manner whatsoever; c.Impersonating any individual or entity, including, but not limited to, any GigApp officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d.Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e.Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f.Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g.Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h.Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i.Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; j.Interfering with or disrupting any GigApp Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; k.Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. GigApp herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. GigApp herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: · Compliance with any legal process · Enforcement of the Terms · Responding to any claim that therein contained content is in violation of the rights of any third party · Responding to requests for customer service Protecting the rights, property or the personal safety of GigApp, its visitors, users and members, including the general public. GigApp herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by GigApp or any other content providers supplying content services to GigApp. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. 3. CONTRIBUTIONS TO COMPANY WEBSITE · GigApp may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: · Your contributions do not contain any type of confidential or proprietary information · GigApp shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions · GigApp shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; · The contributor's Contributions shall automatically become the sole property of GigApp; and GigApp is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. 4. INDEMNITY All users and/or members agree to insure and hold GigApp, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of GigApp Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. 5. COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to GigApp's sites. 6. MODIFICATIONS GigApp reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. 7. TERMINATION As a member of GigApp.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to .As a member, you agree that GigApp may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to;. a.Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline b.By way of requests from law enforcement or any other governmental agencies; c.The discontinuance, alteration and/or material modification to our Services, or any part thereof; Unexpected technical or security issues and/or problems; d.Any extended periods of inactivity; e.Any engagement by you in any fraudulent or illegal activities; and/org) the nonpayment of any associated fees that may be owed by you in connection with your GigApp.app account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with GigApp.com shall include any and/or all of the following: · The removal of any access to all or part of the Services offered within GigApp.app; · The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and · The barring of any further use of all or part of our Services. 8. LINKS Either GigApp or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that GigApp shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. 9. PROPRIETARY RIGHTS You do hereby acknowledge and agree that GigApp's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by GigApp or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on GigApp Services (e.g. Content or Software), in whole or part. GigApp hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sub-license, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by GigApp for use in accessing our Services. 10. WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF GIGAPP SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS"AND/OR "AS AVAILABLE" BASIS. GIGAPP AND OUR SUBSIDIARIES, AFFILIATES,OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLYDISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED ORIMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. b) GIGAPP AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)GigApp SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)GigApp SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINEDFROM THE USE OF THE GigApp SERVICES OR SOFTWARE WILL BE ACCURATEOR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OROTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGHOUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THA ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF GIGAPP SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLEDISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OFACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/ORINTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OFDATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATIONOR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM GIGAPP OR BY WAY OF OR FROM OURSERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLYSTATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTEREDVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. SECTION 13 - LIMITATION OF LIABILITYYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GigApp AND OURSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITEDTO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL,USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEENADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. 11. RELEASE In the event you have a dispute, you agree to release GigApp(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. 12. SECTION 15 - NOTICE GigApp may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. 13. INTELLECTUAL PROPERTY RIGHTS You herein acknowledge, understand and agree that all of the GigApp trademarks, copyright, trade-name, service marks, and other GigApp logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of GigApp. You herein agree not to display and/or use in any manner the GigApp logo or marks without obtaining GigApp's prior written consent. GigApp will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, GigApp may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the afore mentioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The GigApp agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: GigApp Attn: Copyright Agent425 - 15720 Tassleford Lane, Woodbridge, Virginia 22191 Telephone: 15714843059 Email:Info@GigApp.app or support@Gigapp.app 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and GigApp and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to GigApp Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other GigApp Services, affiliating Services, third-party content or third-party software. 15. CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and GigApp with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Virginia without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and GigApp, shall be filed within the courts having jurisdiction within the County of Virginia or the U.S. District Court located in said state. You and GigApp agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. 16. WAIVER AND SEVERABILITY OF TERMS At any time, should GigApp fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 17. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. 18. STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 10 year(s) after said claim or cause of action arose or shall be forever barred. 19. VIOLATIONS Please report any and all violations of this Agreement to GigApp as follows: Mailing Address: GigApp 15720 Tassleford Lane, Woodbridge, Virginia 22191 Telephone: 15714843059 Email: Info@GigApp.app 20. GOVERNMENT REQUESTS In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy. 21. FOREIGN ACCESS OF SITE The Site is controlled, operated and administered by GigApp from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use GigApp's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 22. ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice(including after you have submitted your order).We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. 23. REPORTING VIOLATIONS If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance. 24. CHANGES AND AMENDMENTS We reserve the right to modify this Policy or its terms relating to our Services at any time, effective upon posting of an updated version of this Policy in the Mobile Application or site. When we do, we will post a notification in the Mobile Application. Continued use of the Mobile Application and Services after any such changes shall constitute your consent to such changes. 25. ACCEPTANCE OF THIS POLICY You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Mobile Application and Services.