THE GIG STORE GENERAL TERMS OF USE

Please read The Gig Store General Terms and Conditions (“Terms of Use”) as they contain important information about your rights and obligations as well as limitations and exclusions.

In these Terms of Use, the terms “The Gig Store,” “we,” “our,” and “us” refer to The Gig Store, a division of Commercial AV Systems, LLC. You hereby recognize that The Gig Store is a Division of Commercial AV Systems, a Wisconsin Limited Liability Company, hereafter referred to as The Gig Store. These Terms of Use govern your access to, and use of all or any part of the website located at www.thegigstore.com, The Gig Store mobile application (the “App”) and any website or mobile application owned or operated by Commercial AV Systems, LLC its affiliates or subsidiaries. that directs the user to these Terms of Use (collectively, the “Site”).

THESE TERMS OF USE INCORPORATE THE FOLLOWING OTHER THE GIG STORE POLICIES:

  1. THE GIG STORE PURCHASE TERMS, WHICH APPLY IF YOU MAKE A PURCHASE FROM THE GIG STORE,
  2. THE GIG STORE PRIVACY POLICY, AND
  3. THE GIG STORE DISPUTE RESOLUTION POLICY, WHICH REQUIRES THE USE OF ARBITRATION ONAN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS;

BY CONTINUING TO USE THE SITE AFTER HAVING THE OPPORTUNITY TO READ THESE TERMS OF USE, YOU AGREE TO THEM; IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

License and Use of Content

Subject to these Terms of Use, The Gig Store grants you a limited, revocable, royalty-free license (the “License”) to view the content and materials (including User Content, as defined below) contained on the Site (the “Contents”) and to make only such copies as may be incidentally created during your exercise of the License through the normal operation of a commercially available web browser and a gateway cache and proxy to access the Content from The Gig Store server. You are not granted any right to use The Gig Store trademarks, logos, trade dress (including without limitation the layout of the Site) or other intellectual property, and all such items shall remain our exclusive property.

You may only use the Site and the Content for your own Personal Use, as defined below, and you have no right to transfer, assign or use the Content for any other purpose or to allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for the benefit of someone else (“Personal Use”). You are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and/or broadcast Content, except for your own User Content, as defined below, without our express prior written consent. You may not alter, delete or conceal copyright or other notices.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own Personal Use, provided you agree to be bound by our end user license agreement or other terms for such applications. If we provide social media features which allow you to share information or content about or from the Site on social media or otherwise allow you to connect the Site with your social media account, you may take such actions as are enabled by such features.

Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

Modification

The Gig Store reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that The Gig Store will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Submissions

All remarks, suggestions, ideas, graphics, data, resumes, questions or other information that you communicate to The Gig Store through the Site, by facsimile, through the mail (electronic or otherwise), through a mobile device or through any other means (a “Submission”), will forever be the property of The Gig Store, excluding User Content, as defined below. Unless otherwise specified in our Privacy Policy, The Gig Store will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future The Gig Store products, services or operations. Without limitation, The Gig Store will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and that you, not The Gig Store, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

Accuracy of Content and Pricing Information

Because prices, product descriptions and availability can change quickly, The Gig Store does not warrant the accuracy or completeness of the information provided on the Site, in its stores or in electronic or written materials and is not responsible for pricing, typographical or other errors. The Gig Store may make changes to the information contained herein, including to the products and prices described on the Site, at any time, without prior notice to you (including after you have submitted an order). Information on the Site is periodically updated, but it may not be current or complete at the moment you use the Site and may contain errors or inaccuracies. In no event shall The Gig Store or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on the Site. See our Purchase Terms for more information about pricing and purchases.

Registration and Account Creation

The Site may allow you to register and create an account (including via social media log-in information) (“Account”) in order to access or Post (as defined below) certain content on the Site or to purchase products or services on the Site. If you create an Account, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and

complete following registration. Failure to provide accurate and complete information or to update such information shall be grounds for us to suspend or terminate your Account.

You are responsible for maintaining the confidentiality of your Account log-in and password information and for any activities that occur through your Account. We are not liable for any harm caused or related to the theft or misappropriation of your Account information or your authorization of anyone else to use your Account information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your Account or if you wish to deactivate your Account due to security concerns.

User Content and Posting on the Site

Sections of the Site may enable you to submit, provide, transmit, exchange, communicate and display (a “Post” or “Posting”) content, messages, photos or profiles (except for Submissions, “User Content”). The Gig Store will not own or retain any rights to the User Content you post on the Site, other than those limited technical permissions required in order to display, store and serve the User Content.

1. You understand and agree that The Gig Store has the right, but not the obligation, to investigate, take legal action against and review and delete any Account and/or User Content that, in its sole judgment, violates these Terms of Use, might be offensive or illegal, might harm, violate the rights of, or threaten the safety of others, or might in any way be deemed unsuitable by The Gig Store.

2. You are solely responsible for the User Content that you Post.

3. By Posting User Content, you represent and warrant that you have the right to grant, and do grant, to The Gig Store a revocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such User Content to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, but only for the purpose of its use on our Site in connection with your Post(s). You also represent and warrant that you have all permissions and licenses necessary to grant such rights to The Gig Store, including, by way of example, “right of publicity” and other rights relating to the reproduction of names and/or likenesses of any individuals which appear in such User Content. You may revoke any of the foregoing licenses by deleting the applicable licensed User Content pursuant to the instructions provided on the Site. However, The Gig Store may retain copies of such User Content for non-public, non-commercial archival use.

4. The Gig Store prohibits Posting User Content that includes, but is not limited to, content that:

a. is patently offensive to the community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group, organization or individual;

b. harasses or advocates harassment of another person, group or organization;
c. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”

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

e. promotes or distributes illegal or unauthorized copies of the copyrighted works of others (examples include, without limitation providing pirated computer programs or links to them, providing information

to circumvent manufacture-installed copy-protect devices, and/or providing pirated music/video or links to pirated music/video files);

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

g. infringes on the rights of privacy or publicity of any individual or misappropriates the name and/or likeness of another;

h. includes material that solicits personal information from anyone, especially from individuals under the age of 18;

i. includes material that is lewd, obscene, contains nudity or depicts sexual activities or contains sexually suggestive content, including photographs;

j. contains any material that depicts, describes or threatens violence;
k. contains words or descriptions that are reasonably considered vulgar, course or crude;

l. provides instructional information about illegal activities such as making or buying illegal weapons, using or obtaining illegal drugs, violating someone’s privacy, or providing or creating computer viruses;

m. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or

n. engages in any unauthorized commercial activities, solicitations and/or sales.
5. You must use the Site in a manner consistent with any and all applicable laws and regulations.

6. You may not engage in advertising to, or solicitation of, other users of the Site including, but not limited to, through any offer to buy or sell any products or services.

Disclaimer of Warranties

This Disclaimer of Warranties (“Disclaimer”) applies only to your free use of the Site. This Disclaimer does not apply to, for example, your purchase of any product or service from The Gig Store.

The Gig Store is not offering the Site, in whole or in part, for sale to you. These Terms of Use are not a contract for sale, and the Site is not a “good” within the meaning of the Uniform Commercial Code.

INSTEAD, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE GIG STORE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

We do not represent and warrant that the functions contained on the Site will be un-interrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components. Further, The Gig Store will not provide for specific IT infrastructure or connectivity.

We do not represent or warrant the accuracy or completeness of any Content (including User Content) posted on the Site. We are not responsible for the conduct, whether online or offline, of any users of the Site.

Limitation of Liability

The following Limitation of Liability (“Limitation”) applies only to your free use of the Site. This Limitation does not apply to, for example, your purchase of any product or service from The Gig Store.

Your use of the Site is at your own risk. You agree that our sole obligation to you is to provide the Site “as is.” Neither The Gig Store nor any of our employees, officers, directors, nor any of our agents or any other party involved in creating, producing, or delivering the Site shall be liable to you or any third party for your use of, or the inability to use, the Site or the Content except in cases of (1) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (2) a violation of a consumer protection statute in connection with the Site.

IN NO EVENT SHALL THE GIG STORE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR PROFITS, WHETHER OR NOT THE GIG STORE HAS BEEN ADVISED OF THE POSSIBILITY OFDAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THE GIG STORE’S TOTALCUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright

The Site and the Content are copyrighted works of The Gig Store and/or its suppliers or users. Neither the Site nor the Content may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without our prior written permission.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Restricted Rights Legend

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

Trademarks

All trademarks are owned by their respective owners or are used under license.

For further information on intellectual property matters contact The Gig Store, Attn: Legal Counsel, at 1207 3rd ST S, STE 101, La Crosse, WI 54601. For questions or technical problems regarding this service, please contact the webmaster.

Contests, Sweepstakes and Promotions

From time to time, we may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes (each, a “Promotion”). Each Promotion may have Official Rules or other terms and limitations which will be posted or otherwise made available to you and, for purposes of that Promotion, will be deemed incorporated into and form a part of these Terms of Use. To the extent that the terms for any Promotion conflict with these Terms of Use, the terms for that Promotion shall control with respect to that Promotion only.

Links to Other Websites

If you see or use any links or conduits on the Site which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that The Gig Store is associated with or has endorsed, reviewed or even knows anything about that website or page and we have no obligation, responsibility or liability to you or anyone else if you go to another website, page or address outside the Site, even if a link on the Site allowed you to do so. When you leave the Site, you should confirm the terms and conditions, privacy and other policies that apply to you since The Gig Store neither controls, nor has any responsibility for any third party sites (unless they are expressly owned by us), their practices or anything associated with their operations.

Modification to Terms of Use

The Gig Store may modify these Terms of Use at any time. When we make changes to these Terms of Use, we will change the “Last Revised” date above. If a material change is made to these Terms of Use, we will post notice of that change on the first page of these Terms of Use. By using the Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect.

Indemnification

You agree to indemnify and hold harmless The Gig Store and its affiliated companies against all costs, expenses, damages, losses and liabilities incurred or suffered by The Gig Store or our affiliated companies resulting from any violation by you of these Terms of Use.

Governing Law

These Terms of Use shall for all purposes be governed by and interpreted in accordance with federal law and the laws of the State of California as those laws are applied to contracts entered

Headings

The section headings used herein are for convenience of reference only and do not form a part of these Terms of Use, and no construction or inference shall be derived therefrom.