1. End-user license agreement
1.2 GigRev provide you with your own instance of the GigRev Platform and within this instance you “the Client” are assigned an “Account” or multiple “Accounts” to administer the Platform. These Accounts enable you/us to set up multiple users who act as an administrator with custom abilities to manage the Platform’s content on behalf of the Client. The number of admin accounts you are provided with is dependent on the Package item you have purchased. You authorise us to create Accounts on demand for users who you deem to need access.
1.3 This User Agreement applies to all admin users of the Platform. An “Admin user” means anyone who uses the Platform in the capacity of a Client/Administrator and any person you have authorised to use the Platform with these capabilities. Use of the Platform includes accessing and/or browsing the Platform and/or registering to use the Platform and/or any portion thereof. For the sake of clarity when a user registers to use the Platform simply by registering within the app we call this a “Fan User”.
1.4 Please note that your use of the Platform via and/or in connection with third party media (including without limitation via mobile / tablet apps and/or via third party sites or links) and your use of any third party’s services in connection with the Platform (including without limitation YouTube, Facebook, Twitter, Snapchat, Paypal, Boku, and/or Adyen), whether for purposes of accessing the Platform or otherwise, may be subject to separate terms and conditions as required and provided by the relevant third party(ies). You are responsible for reviewing these and you make use of any such third party media and/or services at your own risk.
• disabling your Account temporarily or permanently from our Platform; and/or
• removing content provided by you; and/or
• putting in place technical and/or legal steps to prevent you from using the Platform and/or participating in and/or interacting with the Platform in any way.
We may not offer you a refund of any monies you have paid to us in any such circumstances. Please note that this does not limit other remedies which may be available to us.
2. OTHER APPLICABLE TERMS
3. INFORMATION ABOUT US
3.1 The Platform is operated by Gig Revolution Limited (referred to as “we” or “us”). We are registered in England under company number 09471856 and have our registered office at Thames Innovation Centre, 2 Veridion Way, Erith, Kent, United Kingdom, DA18 4AL.
3.2 The Platform is made available to you for the purpose of facilitating, operating and promoting the use of a Client’s services and products.
3.3 The Platform operates as a hosting service in respect of any content, contribution or information uploaded, posted or otherwise provided to or via the Platform including without limitation any content uploaded to personalised GigRev applications and/or personalised Fan Direct web pages.
4. CHANGES TO THESE TERMS
5. CHANGES TO THE PLATFORM
5.1 We may update the Platform from time to time and may change the way it displays content at any time. However, please note that any of the content on the Platform may be out of date and/or inaccurate at any given time and we are under no obligation to update it.
6. ACCESSING THE PLATFORM
6.1 We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted or be available to all users. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
6.2 You are responsible for making all arrangements necessary for you to have access to the Platform and for any associated costs (including without limitation charges by your service provider and/or credit card or other transaction fees).
7. YOUR ACCOUNT AND PASSWORD
7.1 Access to certain GigRev features, services and/or products may only be available to you if you are a registered user.
7.2 To register to use the Platform you will be asked to provide us with certain information (which may include without limitation your real name and email address). You must ensure that you provide all information requested and that all such information is, and remains, valid, accurate and up-to-date.
7.3 You must not provide any false personal information to us or on the Platform or create an account for anyone other than yourself without permission.
7.5 You should treat your username, password and any other piece of information arising as part of our security procedures as confidential.
7.6 You are solely responsible for maintaining the confidentiality and security of your username and password (and any other applicable information required as part of our security procedures) and you are responsible for all use of your account, username and password and any and all activity under your account.
7.7 If you know or suspect that anyone other than you, knows your username or password or otherwise has access to your account you should promptly notify us at email@example.com and you should change your password at the earliest possible opportunity.
7.9 You undertake and agree that you will be solely responsible and liable with respect to any of the uses of GigRev products or services which occur under your Account and for any of your User Content (as defined in paragraph 10 of this User Agreement) including for any consequences of using or publishing such User Content on or with respect to the GigRev products and services.
7.10 If any paid services are purchased via an Admin User account, we will consider the Client to be responsible for the purchase.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or the licensee of all intellectual property rights in the Platform and in the material published by us on it. This includes without limitation the trade marks described in paragraph 9 of this User Agreement.
8.2 All rights, title and interest in and to the GigRev services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to us.
8.4 Our status (and that of any identified contributors) as the authors of applicable content on the Platform must always be acknowledged.
8.7 If you provide us with any suggestions, comments or other feedback relating to the GigRev services, which is or may be subject to any intellectual property rights, such feedback shall be exclusively owned by us. By providing such feedback to us you represent and warrant that such feedback is accurate, complete and does not infringe on any third party rights; you irrevocably assign to us any right, title and interest you may have in such feedback; and you irrevocably waive any and all claims relating to any past, present or future moral rights, Clients’ rights or any other similar rights worldwide in or to such feedback.
9. TRADE MARKS
9.1 “GigRev.COM” is a trade mark and registered trade mark.
9.2 You are not permitted to use GigRev.COM or any of our trade marks in any way except as permitted in paragraph 8 of this User Agreement.
10. UPLOADING CONTENT TO THE PLATFORM
10.1 You may choose to and/or you may be asked to upload, post or otherwise provide us with certain content (including without limitation for us to upload on your behalf) including without limitation videos, images, likeness, logos, photos, artwork, designs, animations, audio files, recordings, compositions, illustrations, interfaces, text, literary works, name(s) (including professional or stage name(s)), contact details or other information relevant to your interaction with GigRev and/or your use of or registration with the Platform (collectively referred to as “User Content”).
10.2 Whenever you upload, post or otherwise provide any User Content or other contribution or information to or via the Platform you must comply with the content standards set out in our Acceptable Use Policy.
10.3 You warrant to us:
• that you have (and will continue to have) the right to allow us, our designees and/or other users of the Platform to use such User Content in accordance with this User Agreement and as required for all activities related to GigRev;
• You will be liable to us and indemnify (compensate) us for any breach of these warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
• You agree that we have no obligation to accept, post, publish or host any User Content uploaded, posted or otherwise provided by you and we have complete discretion as to how, when and for how long any such User Content is featured, hosted and/or present on the Platform.
• We may store User Content but you acknowledge that we are a passive conduit and/or host for such User Content and we are not responsible or liable to you, any user or any third party for the content or accuracy of any User Content uploaded, posted or otherwise provided by you or any other user of the Platform or any third party.
• We have the right to disclose your identity and/or actions and/or any User Content uploaded, posted or otherwise provided by you to law enforcement authorities as we feel is necessary and/or to any third party who claims that any User Content uploaded, posted or otherwise provided by you constitutes a violation of their intellectual property rights or any other rights including their right to privacy.
• If any paid services are activated on the app, including monthly / yearly subscription services, the Client agrees to maintain a minimum level of premium content of 25% of all available content. We reserve the right to charge the Client £470 per thousand users of the Client app if premium content drops below 25% of all available content. Notwithstanding the foregoing, in the event that premium content drops below this level, GigRev shall notify you, in writing, and you shall have 30 days to adjust the level of premium content prior to avoid the charge by GigRev.
• Without prejudice to the content standards set out in our Acceptable Use Policy, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public and/or any user of the Platform any content (including User Content) to which you do not hold the necessary rights. Unauthorised use of any copyright protected material (including reproduction, distribution, modification, adaptation, public display, public performance, making available or otherwise communicating to the public via the Platform or in any way related to GigRev) may constitute an infringement of third party rights and is strictly prohibited. Where any such infringement occurs or is reasonably suspected, we have the right, in our absolute discretion, to take such action as we deem appropriate which may include removing such material and/or disabling or reassigning accounts, usernames and passwords and/or putting in place technical and/or legal steps to prevent you from using the Platform and/or interacting with GigRev in any way. Civil and/or criminal proceedings against you may also be instigated by us and/or by or on behalf of the relevant rightsholder.
• Please note that in the event that you delete your account and/or remove or delete any User Content that you have uploaded, posted or otherwise provided, and/or you otherwise cease to use the Platform, any User Content and/or data you have provided may remain on our servers. We are not responsible for the deletion of any User Content from any servers or systems operated by third party operators or deletion of any item of such User Content by any user or third party.
11. RIGHTS LICENSED BY ALL USERS
11.1 When you upload, post or otherwise provide any User Content to the Platform you grant us a non-exclusive, irrevocable, perpetual (to the extent permitted by copyright or other rights in such User Content), royalty-free, worldwide, sub-licensable and transferable right to use, reproduce, publish, copy, store, share, make available, distribute, make derivative works of, display, perform, broadcast, edit, adapt and/or modify such User Content in any media as part of and/or in connection with (including promotion of) the Platform (via all channels) and/or our business which shall continue even after you delete your account and/or delete your User Content from the Platform and/or otherwise cease to use the Platform and/or otherwise cease to participate in and/or interact with GigRev in any way.
11.2 A separate licence will be granted with respect to each item of User Content.
11.3 You waive any claims against us or anyone on our behalf relating to any past, present or future moral rights, Clients’ rights or any other similar rights worldwide that you may have in or to your User Content with respect to the uses provided for in paragraph
12. LINKING TO THE PLATFORM
12.1 You may link to any public-facing page of your personalised GigRev application and/or your personalised Fan Direct web page, provided you do so in a way that is fair and legal, is not obscene or defamatory and which does not bring into disrepute and/or have an adverse effect on and/or which is not derogatory or critical of GigRev and/or any other user and which does not damage or take advantage of the reputation of GigRev and/or any other user.
12.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.
12.3 We reserve the right to withdraw linking permission without notice.
12.4 The website or other channel in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
13. ADDITIONAL UNDERTAKINGS
You undertake and agree:
1. that you will not directly or indirectly solicit or entice away (or attempt to solicit or entice away) from the Platform any user(s) including without limitation by way of encouraging any user(s) to make use of any service and/or website and/or app and/or company that we may reasonably be considered to be in competition to our GigRev services;
2. to regularly and independently save and backup all of your User Content and any information that is being processed by you in connection with your use of the Platform (including with respect to end users) and you shall not export user data unless otherwise specifically agreed by us in writing and in such case only to the extent authorised by us;
3. to receive promotional messages and materials from us and/or our partners by any appropriate channel including without limitation via mail, e-mail (including without limitation as part of a so-called “mailing list(s)”) or any other contact form you may provide us with (including your telephone number for telephone calls or text messages). Please notify us if you wish not to receive such promotional messages and materials;
4. to authorise and facilitate (as necessary) App users receiving promotional messages and materials from us and/or our partners by any channel including without limitation via mail, e-mail (including without limitation as part of a so-called “mailing list(s)”) and/or any other contact form (including telephone calls and/or text messages) provided that such “Fan Users” shall have the right to “opt-out” of such messages;
5. to authorise and facilitate (as necessary) the incorporation of advertising from us and/or our partners into your personalised GigRev app and/or your personalised Fan Direct web page (the content and extent of such advertising to be decided by us in our sole discretion) subject to agreement by all parties;
6. to allow us to access all user data (including without limitation in relation to your socalled “fans”) related to such personalised app and/or web page and make use of same (in our sole discretion) in perpetuity (which for the avoidance of doubt shall mean even after you delete your Account and/or delete your User Content from the Platform and/or otherwise cease to use the Platform and/or otherwise cease to participate in and/or interact with GigRev in any way); that the means, manner, and method for performing all GigRev services, including without limitation regarding the hosting, transmission, publication and/or display of any User Content (including without limitation the inclusion and presentation of any advertisements or other commercial content with respect thereto) shall be in our sole discretion;
7. that you will not submit, transmit or display any User Content or use the GigRev services in any way which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of GigRev or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights) or otherwise shows any person, entity or brand in a bad or disparaging light without their prior explicit approval;
8. that you will not act in a manner which might be perceived as damaging to GigRev’s reputation and goodwill or which may bring GigRev into disrepute or harm;
9. that you will not impersonate any person or entity or provide false information on the GigRev services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to GigRev and/or any end users;
10. that throughout your use of any GigRev services you will not falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that GigRev or any third party endorses you, your business, or any statement you make;
11. that GigRev shall not be liable for any loss of content, features, capacity, User Content, data regarding end users or other usage data for any reason including without limitation as a result of your user account or any GigRev services or third party services related to your user account being cancelled (whether at your request or at our discretion or for any other reason);
12. that you will not offer or sell any products, or provide any information, content or material via GigRev products or services which may be deemed hazardous, counterfeit, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export;
13. that you will not enter into an arrangement either formally or informally with a third party(ies) to sponsor all or part of your app. To this extent, GigRev will not process and upload any images on your app logo, app wall header, app splash screen and/or app social share image that either reference or suggest a sponsorship or other commercial relationship with a third party(ies) and your app. Should you wish to explore or enter into a sponsorship agreement and/or other commercial relationship with your app and a third party, you must enter into a separate agreement with GigRev to cover this. The Client and / or Client Representative must email firstname.lastname@example.org for further information.
14. that the key app images – app logo, app wall header, app splash screen and app social share images will not reference a commercial relationship you may have outside of the app. GigRev will not process and upload any such key app images on your app logo.
14. VIRTUAL GIFTING POLICY
GigRev’s Virtual Gifting via in-app wallet technology (“Virtual Gifting”) is provided by the Platform to enable the Client the ability to earn ad hoc revenues from App Users. As part of Virtual Gifting: App Users of the Platform may purchase Virtual Coins (“Coins”) from us. Coins can be used to purchase Virtual Gifts (“Gifts”), each worth a specific number of Coins. App Users may use Gifts to show their appreciation for the App Client in various sections of the Platform by tipping the Gift to the App Client. When a Gift is “tipped” to the Client, the value in Coins of the Gift is deducted from their in-app wallet and converted into virtual credits (“Diamonds”). Diamonds can be then converted into a monetary value that is paid to the Client. Your usage of Virtual Gifting is subject to the following Client Virtual Gifting terms and conditions (“Virtual Gifting Policy):
14.1.1 Clients who are aged aged 18 (or age of majority in your jurisdiction) or older will be entitled to earn virtual credits (“Diamonds”).
14.1.1 The value of a Diamond is displayed in the web-app of the Platform. We have the right to increase or decrease the value of a Diamond at our discretion.
14.1.2 For purposes of clarity, App Users cannot purchase Diamonds.
14.1.3 No Diamonds may be assigned or transferred to App User or any other Client of GigRev or third party except as expressly permitted by us in writing.
14.1.4 Diamonds cannot be exchanged for Coins or Gifts.
14.1.5 The sale, barter, assignment, exchange, transfer or other disposal of any Diamonds, other than by us, is expressly prohibited.
14.1.6 Accrued Diamonds do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
14.1.7 Any Diamonds assigned, sold, or otherwise transferred without the express written consent of us are void. Any Client of the Platform who violates this restriction may have their account terminated by us, forfeit Diamonds from their account, and/or be subject to liability for damages and litigation and transaction costs.
14.1.8 You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such Diamonds as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right.
14.2 Withdrawing Diamonds
14.2.1 You can choose, by selecting the relevant button in your user account, to withdraw Diamonds in exchange for monetary compensation (to be denominated in £GDP). The applicable monetary compensation will be calculated by us based on various factors including the number of Diamonds you have accrued.
14.2.2 The withdrawal of Diamonds will be subject to any other terms that are provided to you at the time of such withdrawal, including the applicable daily limits on withdrawal amounts: the rate of withdrawal will be displayed at the point of withdrawal.
14.2.3 You agree that we have the right to manage, regulate, control, modify and/or eliminate such withdrawal feature where we have a valid reason to do so such as where we reasonably believe you have violated this Policy, you are in breach of any applicable law or regulation or for legal, security or technical reasons, and that we will have no liability to you based on our exercise of such right.
14.2.4 The applicable cash payment will be made directly into your nominated PayPal account or other third-party payment channel account (if applicable).
14.2.5 Your first and last name needs to be an exact match to your PayPal account information and your PayPal account needs to be verified. It is your responsibility to ensure that you provide your PayPal (or other payment channel) account information correctly. You are responsible for any losses caused by incorrect PayPal (or other payment channel) account information provided by you. Payment will not be sent to a PayPal account with an email address, a first and last name different from what appears on your account, and an account that has not been verified with PayPal; we may, at our sole discretion, request you to provide information to verify your identity (including your first and last name and identification documentation).
14.2.6 We reserve the right to verify your identity, age (by requesting a photocopy of your identification documentation, or other proof as we may require) and eligibility qualifications to our satisfaction prior to making any payment.
14.2.7 Although we aim to fulfil all withdrawal requests in a timely manner of 10 working days, we do not guarantee fulfilment within a specific period of time (including any estimated timings set out at the time of withdrawal) and we will not be liable to you or any third party for any failure to fulfil a withdrawal request within such time.
14.2.8 If you wish to convert the amount into a currency other than £GDP, this option may be available within your PayPal (or other payment channel if applicable) account but this is at the discretion of PayPal (or other payment channel if applicable) and the terms and conditions of PayPal (or other payment channel if applicable), including any applicable fees, will apply to such currency conversion. If you are subject to any taxes imposed by any jurisdiction on these payments, you will be responsible for the payment of such taxes (including any related penalties or interest) to the relevant tax authority. We reserve the right to deduct any applicable taxes prior to making such payment if we determine that we are required to do so by applicable law. We also reserve the right to request certifications from you in relation to taxes and to report to tax authorities amounts paid and/or withheld from payments to you.
14.2.9 We reserve the right to deduct Diamonds from your account if you are in breach of this Virtual Gifting Policy.
14.2.10 We may cancel the operation of the Diamond incentive at any time. If we cancel the Diamond incentive, we shall make reasonable efforts to provide you with prior notice to enable you to convert your Diamonds into cash. Where we have a valid reason (such as where we reasonably believe you have violated this Virtual Gifting Policy, you are in breach of any applicable law or regulation or for legal, security or technical reasons), we may cancel the operation of the Diamond incentive without notice. In either case, you shall have no right or entitlement to any financial compensation in respect of any Diamond accrued prior to the date of cancellation of the incentive that has not been converted into cash using the mechanism set out in this Virtual Gifting Policy.
14.2.11 You agree that when an App User is entitled to a refund for the Gifts they purchased, the payment withdrawn by you in relation to such Gifts shall be forfeited. Refunds will be deducted from your payments.
14.2.12 If you encounter any problems in relation to Diamonds, you must contact us via email at email@example.com
14.3 Withdrawal Requirements
14.3.1 You will need to have a PayPal account in order to request a cash withdrawal. You should make sure your PayPal account information provided to us is accurate, complete and update-to-date, and you will be solely responsible for any consequences as a result of inaccurate or incomplete PayPal account information being provided.
14.3.2 The minimum amount for making a cash withdrawal request from us is £GDP 50. You can only withdraw when you have an account balance of more than £GDP 50. Each user can withdraw no more than £GDP 1,000 per calendar day. The GDP withdrawal threshold can be changed from time to time, based on our sole discretion, subject to any mandatory laws or regulations in the country/region you reside.
14.3.3 It is acknowledged that all fees charged by PayPal and / or other payment providers are outside of GigRev’s control and therefore we will not compensate you for any such fees that may be charged to you via PayPal (or other payment channel if applicable)
14.3.4 If you would like to setup and / or change your PayPal payment details, please contact us via email at firstname.lastname@example.org
14.4 Withdrawal of Virtual Gifting
14.4.1 We have the right to withdraw this feature from time to time and / or permanently should we wish to do so.
15.1 GigRev charges a website ordering fee of GDP £0.17 per each user transaction for subscriptions taken directly via GigRev’s e-shop shop.gigrev.com. This is not applicable to user transactions via Apple, including ‘in-app’ purchases.
15.2 GigRev charges an additional Handling Fee equivalent to 10% of the gross revenue generated from any merchandise and / or any bundled products or services included and sold as part of any subscription services listed on GigRev. Handling Fees will be deducted from your payment. Any payment processing fees, such as (but not limited to) credit card fees or Paypal fees, or other necessary commissions which GigRev is required to pay in relation to payment processing and where applicable Apple’s commission for ‘in-app’ purchases, will also then be deduced from your payment.
15.3 Save where we enter into a separate agreement (whether a revenue-sharing agreement or otherwise) with you, the use of certain GigRev services will be subject to payment of regularly recurring fees in accordance with current pricing policies from time-to-time which we shall provide to you upon request. If you wish to receive or use such services you are required to pay all applicable Fees.
15.4 We reserve the right to change GigRev’s Fees giving ninety days notice.
15.5 To the extent permitted by law (and unless specified otherwise by us in writing) all Fees are exclusive of all taxes (including without limitation value added tax, sales, goods and services tax and any other similar taxes), levies or duties imposed by taxing authorities and you shall be responsible for payment of all applicable taxes relating to your use of the GigRev services or to any payments or purchases made by you. We are not responsible for any such additional fees or costs.
15.6 As part of registering or submitting information to receive paid-for GigRev services you authorise us (either directly or through affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider(s) or your designated banking account and to make any inquiries we or our affiliates may consider necessary to validate your designated payment account or financial information in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (for example, updated expiry date or card number as may be provided to us by your credit card company).
15.7 In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the GigRev services will operate with automatic renewal, on a recurring basis (except where explicitly stated otherwise by us in writing). Accordingly, where applicable, we will attempt to automatically renew the applicable GigRev service(s) and automatically charge you the applicable sums payable by you in accordance with the Rev Share Agreement and/or Fees (as applicable) using the payment method you have on file with us. Notwithstanding the foregoing you are solely responsible for verifying and ensuring the successful renewal of any GigRev services you use (whether or not such GigRev services are subject to automatic subscription renewals). You shall be solely responsible with respect to any discontinuation of any GigRev services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees payable by you in accordance with the Rev Share Agreement and/or Fees (as applicable) or due to any GigRev services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against us in relation to the discontinuation of any GigRev services or third party services for whatever reason.
15.8 If at any time we record a decline, chargeback or other rejection of a charge of any of the sums payable by Users related to your GigRev account, GigRev reserves the right to dispute any chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation to help determine that the transaction was authorised by the applicable User. We further reserve all of our rights and remedies including without limitation the right to inform appropriate authorities and/or commence appropriate legal proceedings (whether against the User and/or a third party) to recover any sums due.
15.9 GigRev can create and process digital vouchers providing prospective users with complementary premium access to your Mobile Platform for any specified period of time (e.g. 7 days, 30 days, 90 days etc). Prospective users will be required to enter payment information at the time of redeeming their voucher and will be able to cancel their premium subscription at any time before the voucher expires. If the user does not cancel their subscription before the expiration of the voucher, the user will be charged the subscription fee on an auto-recurring basis. In such instances where a user goes on to subscribe to paying services after the voucher has expired, GigRev will receive a deferred commission of 10% of the subscription revenue for the equivalent duration of the voucher. The fee will be taken from your payment.
15.10 GigRev is a company based in the United Kingdom. If you have purchased your Package Item in either Euros (€) or USD ($), GigRev reserves the right to increase Fees in-line with any currency fluctuations greater than 5%.
16. E-COMMERCE ACTIVITIES
16.1 You are solely responsible for any E-Commerce related activities and any promotions and related content contained or referred to on the Platform and compliance with any laws applicable thereto. We are not responsible in any way for any transactions or for your relationship with any E-Commerce service providers or for the actions of any of such E-Commerce service providers. We may, however, (subject to the terms of any revenue-sharing agreement we enter into with you) be entitled to share in income generated by such E-Commerce related activities and/or promotions and/or related content (including without limitation the sale of merchandise).
17. NO RELIANCE ON INFORMATION
17.1 Any content and/or information on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform, including without limitation in respect of any content, contribution or information uploaded, posted or otherwise provided to or via the Platform.
17.2 You understand that we do not provide any legal advice with respect to any laws or requirements applicable to the use of any GigRev products or services.
17.3 Although we may at our discretion make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up-to date.
18. LIMITATION OF OUR LIABILITY
18.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to the Platform and/or any content on it and/or any participation in and/or any interaction with GigRev.
18.3 We will not be liable to you, or any user, or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the Platform;
• use of or reliance on any content (including User Content) displayed on the Platform;
• participation in and/or interaction with GigRev in any way; and/or
• You agree not to use the Platform and/or participate in and/or interact with GigRev for any commercial or business purposes other than to the extent consistent with GigRev products’ intended use and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or loss of career enhancement or opportunity.
• You acknowledge and agree that the Platform is made available for the purpose of facilitating, operating, and promoting the Client/Talent. You agree to use the Platform and/or interact with GigRev in accordance with this stated purpose.
• We will not be liable to you for any virus, distributed denial-of-service attack, trojan, worm, logic bomb, malicious software or code, bug, glitch, error, delay, inaccuracy, or other content or material which is malicious or harmful or destructive, that may affect your technology, devices, applications, programs, data, User Content, or other material due to your use of the Platform or to your downloading of any content on it, or on any website or service linked to it.
• We assume no responsibility for the content of websites or services linked on or to the Platform. We will not be liable for any loss or damage that may arise from your use of them.
• By using the Platform and/or participating in and/or interacting with GigRev you irrevocably waive the right to assert any claim with respect to any of the foregoing against us or any of our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
• Without limitation to the foregoing, we will not be liable to you, or any other user, or any third party for any loss or damage arising out of or in connection with any form of so-called “take down request” initiated by and/or undertaken at the request of and/or direction of and/or with the cooperation of any so-called “Internet Service Provider” or “ISP”.
• Without limitation to the foregoing, we will not be liable to you, or any other user, or any third party for any loss or damage arising out of or in connection with any issues related to any associated so-called “Internet Service Provider” or “ISP” and/or any associated so-called “server”.
• Without limitation to the foregoing, you understand and acknowledge that we shall have the right, in our sole discretion, to “roll back” to an earlier version(s) of the Platform or any part thereof at any time and we will not be liable to you, or any other user, or any third party for any loss or damage arising out of or in connection with any such “roll back”.
19. YOUR USE OF TECHNOLOGY
19.1 You are responsible for configuring your information technology, computer programmes, software and platform in order to access the Platform and/or interact with GigRev. You should use your own virus protection software.
19.2 You must not misuse the Platform by knowingly introducing any virus, trojan, worm, logic bomb, time bomb, spyware, malicious software or code, file, program, bug, glitch, error, delay, inaccuracy, or other content or material which is (or is intended to be) malicious or harmful or destructive or invasive including without limitation that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform and/or other user accounts and/or content. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the Platform will cease immediately.
19.3 You must not copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble GigRev websites or apps, the GigRev products or services (or any part thereof), any content offered by GigRev or third party services for use and display within any GigRev application and/or any part thereof in any way or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under the terms of service.
19.4 You must not use any “robot”, “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the GigRev services (or its data) or in any way reproduce or circumvent the navigational structure or presentation of any of the GigRev services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the GigRev services.
19.5 You must not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use GigRev or GigRev marks and/or variations and misspellings thereof.
19.6 You must not reverse look-up, trace, or seek to trace another user of GigRev services, or otherwise interfere with or violate any other user’s right to privacy or other rights or harvest or collect personally identifiable information about visitors or users of the GigRev services without their express and informed consent.
19.7 You must not disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the GigRev services, the account of another user(s) or any other systems or networks connected to the GigRev services by hacking, password mining or other illegitimate or prohibited means.
19.8 You must not probe, scan, or test the vulnerability of the GigRev services or any network connected to the GigRev services without prior written permission.
19.9 You must not take any action that imposes an unreasonable (in our sole discretion) or disproportionately large load on the infrastructure of the GigRev services or GigRev’s systems or networks connected to the GigRev services, or otherwise interfere with or disrupt the operation of any of the GigRev services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
19.10 You must not use any of the GigRev services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct or otherwise engage in unethical marketing or advertising.
20. DISPUTES & CLAIMS
20.1 We are permitted, but not obliged, to monitor any content or information provided or uploaded, posted or disclosed via the Platform, but we are not responsible for monitoring any such content.
20.2 You are responsible for reporting to us material on the Platform to which you object in accordance with the following procedures:
20.2.1 Pop-up Reporting:
Where available on the Platform you may use the ‘Pop-up Report’ mechanism to report content to which you object
• Visit the page or post where the content is displayed on the Platform.
• Click on the ‘Report’ button.
• In the ‘Report’ pop-up, click the relevant menu item.
• Select the reason for reporting that best fits your objection to the content.
• Provide any additional details that may help the Fan User understand why you reported their content.
We reserve the right in our absolute discretion to take such action as we deem appropriate which may include disabling or removing or reassigning accounts, usernames and passwords and/or putting in place technical and/or legal steps to prevent users from using the Platform and/or interacting with GigRev in any way.
20.2.2 Copyright Notices:
• For Copyright Notices, Defamation Notices and other complaints (but not Pop-up Reports, for which you should see paragraph 19.2 above) email us at email@example.com
• We will promptly acknowledge your Notice or complaint by email and/or via the Platform’s internal messaging system following receipt.
21.1 The views expressed on the Platform by users and/or any other third party do not represent our views or values.
21.7 Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative action (or any other legal proceedings conducted by a group or by representatives on behalf of others).
22. DATA OWNERSHIP
You undertake and agree to allow us to collect, own and access all user data (including without limitation in relation to your so-called “fans”) related to your Account and make use of same (in our sole discretion) in perpetuity (which for the avoidance of doubt shall mean even after you delete your account and/or delete your User Content from the Platform and/or otherwise cease to use the Platform and/or otherwise cease to participate in and/or interact with GigRev in any way) in accordance with GDPR. GigRev do their utmost to make sure GigRev complies with the GDPR and other applicable laws or international obligations and legislation in regards to Data Protection.
23. APPLICABLE LAW
24. NOTICE OF TERMINATION
24.1 GigRev will host your application indefinitely, until written notice of 6 months is provided via email to: firstname.lastname@example.org from the Client or Client Manager confirming you want the app to be taken down and subscriptions closed down.
24.2 In the event you wish to terminate your Mobile Platform agreement before end of the term of each Package renewal (12 months), which shall only be considered for exceptional circumstances in the first 12 months, GigRev shall be paid its equivalent recurring Fees for the equivalent remaining period up to what constitute 12 months.
24.3 Customers who purchased a yearly subscription fee, will receive a pro rata refund of their yearly subscription.
24.4 If, under exceptional circumstances, the Client, Client or Client Manager does not ‘go live’ with their Client App within a period of 2 months after the agreed ‘go live’ date, GigRev reserves the right to charge the Client £1,950 as a cancellation fee to contribute towards GigRev’s costs.
24.5 All Diamonds in your account will be cancelled immediately upon the termination of your agreement. There will be no refunds for any unredeemed Diamonds, so we recommend you redeem them before terminating your application.
24.6 In the event of GigRev closing down its business operations, it shall provide notice of this to you to ensure Platform Users are duly notified.
25. CONTACT US
• For general enquiries, please contact: email@example.com
• For help with technical issues, Virtual Gifting and associated matters such as PayPal payments, please contact:
ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between you and us under which you may access our website and/or apps and/or platform and/or services and/or participate in any way with GigRev including without limitation via gigrev.com and/or fan.direct and/or any other related website(s) and/or channel(s), via personal computer, mobile, web, wireless console, desktop and any other technology or device and/or any other applications (including for example Google Android and Apple iOS apps) and/or via third party sites or links (including social media sites) (collectively referred to as “the Platform”).
Your use of the Platform means that you accept and agree to abide by all the policies in this Acceptable Use Policy.
• This Acceptable Use Policy is written in English. Should any translation of this Acceptable Use Policy conflict with the English version, the English version will prevail.
• The Platform is operated by Gig Revolution Limited (referred to as “we” or “us”). We are registered in England under company number 09471856 and have our registered office at Thames Innovation Centre, 2 Veridion Way, Erith, Kent, United Kingdom, DA18 4AL.
1. PROHIBITED USES
1.1 You may only use the Platform for lawful purposes. You may not use the Platform:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree:
• Not to access without authority, interfere with, damage or disrupt:
• any part of the Platform;
• any equipment or network on which the Platform is stored;
• any software used in the provision of the Platform;
• any equipment or network or software owned or used by any third party; or (v) other users’ accounts, content or personal information.
1.3 You also agree that you will not take any action that imposes an unreasonable (in our sole discretion) or disproportionately large load on the infrastructure of the GigRev services or GigRev’s systems or networks connected to the GigRev services, or otherwise interfere with or disrupt the operation of any of the GigRev services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
2. INTERACTIVE SERVICES
2.1 We may from time to time provide interactive services on the Platform including without limitation: commenting, messaging, downloads, store and location-based services (“interactive services”).
2.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.3 We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on the Platform and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Platform and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards whether the service is moderated or not.
2.4 The use of any interactive services on the Platform by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
2.5 Where we do moderate an interactive service we will normally provide you with a means of contacting the moderator should a concern or difficulty arise.
3. CONTENT STANDARDS
3.1 These content standards (“Content Standards”) apply to any and all material and/or data and/or information which you contribute to or via the Platform and to any services associated with it (“contributions”).
3.2 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
3.3 Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
3.4 Contributions must not:
• Contain any spam.
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Contain or promote obscene or sexually explicit material.
• Contain or promote violence.
• Contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright or database right or trade mark or other intellectual property right of any other person.
• Be intended to and/or likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Contain or promote any illegal activity.
• Be threatening, abusive, abuse or invade another’s privacy or cause or be likely to cause annoyance, inconvenience or needless anxiety.
• Harass, upset, bully, embarrass, alarm or annoy any other person or be likely to harass, upset, bully, embarrass, alarm or annoy any other person.
• Be used to impersonate any person or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. SUSPENSION AND TERMINATION
4.1 We will determine in our discretion whether there has been a breach of this Acceptable Use Policy through your use of the Platform.
• Immediate temporary or permanent withdrawal of your right to use the Platform.
• Immediate, temporary or permanent removal of any posting or material or content uploaded by you to the Platform, as applicable.
• Issue of a warning to you.
• Disabling your account.
• Putting in place technical and/or legal steps to prevent you from using the Platform and/or participating in GigRev activities in any way.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including without limitation reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3 We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Policy are not limited and we may take any other action we deem appropriate in our absolute discretion.
5. CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Platform.
By agreeing to this End-user license agreement you are agreeing to comply with it and warrant and represent that you have the full right, power and authority to execute this.