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ImGiggin Terms of Services RolleGill Enterprises, LLC operates the ImGiggin.com web service from the United States. As a member or non-member using the ImGiggin web site (the "Web Site") you agree to be bound by the following Terms of Service (this "Agreement"). Read these Terms of Services carefully and indicate your acceptance of them if you wish to register as a user of ImGiggin services to vote, audition, purchase merchandise, and communicate with other users on the Web Site. This written Agreement sets out the legally binding terms of your registration and/or membership in the Web Site and use of the ImGiggin services; Your registration/membership may be modified by ImGiggin management staff at any point in time without prior notice and will take effect upon posting on ImGiggin's Web Site. ImGiggin's acceptable use policy for the content posted on the website, ImGiggin's Privacy Policy and notices regarding ImGiggin are included in this agreement. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the ImGiggin Website and discontinue use of the ImGiggin Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the ImGiggin Services, you must read this Agreement and indicate your acceptance during the registration process. 1. ELIGIBILITY. In order to apply and audition for ImGiggin membership you need to be 18 years of age, or over. If You are under 18, You must present this Agreement to Your parent or legal guardian, and they must click “I Accept” and agree to and enter into this Agreement on Your behalf. Your parent or legal guardian’s personal name(s) and contact information will also be required on the application form. Any membership in the ImGiggin service is automatically void where prohibited. As a member and in use of the Web site's services, you represent and warrant that you have the right, capacity and authority to enter into this particular agreement and will abide by all of the terms and conditions of this Agreement. By using the ImGiggin services, you represent that (a) all registration information you submit is truthful and accurate to the best of your knowledge; (b) you will maintain the accuracy of such information while actively using ImGiggin services; (c) you are 18 years of age or older or are a parent or legal guardian of an underage applicant; and (d) your use of the I'm Giggin' services does not violate any applicable law or regulation. 2. TERMS. While using the Web Site services as a member or non-member, this Agreement will remain in full force and effect. You are free to terminate your membership at any time you wish, for any reason by following the instructions stated in the Account Settings page. By terminating your membership, you forfeit any unused subscription fees. ImGiggin reserves the right to terminate your membership at any time, for any reason. If ImGiggin terminates your membership because you have breached the Agreement, you will not be entitled to any refund of your unused subscription fees. This agreement will still remain in full effect even after your membership has been terminated. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. 3. NON-COMMERCIAL USE BY MEMBERS. All Organizations, companies, and/or businesses alike may not become Members and should not use the ImGiggin service or the Web site for any purpose. The ImGiggin Web Site service is meant for personal use of the individual Members only; and may not be used in connection with any commercial activities or endeavors unless they are specifically endorsed or authorized by ImGiggin. ImGiggin reserves the right to remove commercial content in its sole discretion. The following include Illegal and/or unauthorized uses of the Web site: Collection of usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated thoroughly, and the appropriate legal action will be taken by ImGiggin, including without limitation, criminal, civil and injunctive redress. 4. PROPRIETARY RIGHTS IN CONTENT ON IMGIGGIN. a. ImGiggin owns and retains all proprietary rights on the ImGiggin Web Site and its service. The Web Site contains the copyrighted material, trademarks, and other proprietary information of ImGiggin, and its licensors. You do not have the right to copy, publish, modify, transmit, perform, display, distribute or sell any other proprietary information. ImGiggin does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the ImGiggin Web Site. After posting your Content to the ImGiggin Web Site, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. All content is considered private and will not be used for public display unless it is marked “Public” and you have given ImGiggin consent to share this information. “Public” information is intended to be shared on the public section of ImGiggin and any promotional uses for the ImGiggin Web Site. This limited license does not grant ImGiggin the right to sell or otherwise distribute your Content outside of the ImGiggin Services. After you remove your Content from the ImGiggin Website we will cease any distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. b. The license you grant to ImGiggin is non-exclusive (meaning you are free to license your Content to anyone else in addition to ImGiggin), fully-paid and royalty-free (meaning that ImGiggin is not required to pay you for the use on the ImGiggin Services of the Content that you post), sublicensable (so that ImGiggin is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the ImGiggin Services), and worldwide (because the Internet and the ImGiggin Services are global in reach). c. You represent and warrant that: (i) you own the Content posted by you on or through the ImGiggin Web Site or otherwise have the right to grant the license set forth in this Section 4, and (ii) the posting of your Content on or through the ImGiggin Web Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the ImGiggin Web Site. d. ImGiggin performs technical functions necessary to offer the ImGiggin Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ImGiggin Services. 5. CONTENT/ACTIVITY PROHIBITED. As a registered Member on the ImGiggin Web Site, you must provide us with certain information about yourself (an individual person) that includes, but is not limited to, your legal name, personal address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date) (Registration Data), all of which should remain accurate and current. Prompt updates to your Registration Data is expected if any changes occur. If you provide ImGiggin with content that is inaccurate or if we suspect that any information you submit is inaccurate, we reserve the right to suspend or terminate your account and refuse you use of ImGiggin Services. Registration Data and certain other information about You are subject to our Privacy Policy, the terms of which are incorporated into this Agreement by reference. You understand and agree that ImGiggin reserves the right to review/edit delete any content, photos, messages or profiles (collectively, "Content") that in ImGiggin sole judgment violate this Agreement or which might be illegal, offensive, or that might violate the rights, threaten the safety of other members, or harm them in anyway. You are solely responsible for the Content that you display or publish (hereinafter, "post") on the Service Web Site, or transmit to other ImGiggin Members. The following below is a partial list of the kind of Content or Use that is considered illegal or prohibited on the ImGiggin Web Site: • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person; • harvesting or collecting email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; • involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication; • promotes information that you are aware is false, promotes illegal activities or misleading or conduct that is threatening, abusive, obscene, libelous or defamatory; • promotes any illegal or unauthorized copy of someone else's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; • contains nudity, excessive violence, pornographic or sexually explicit material of any kind, offensive subject matter or contains a link to an adult website; • provides material that exploits persons under the age of eighteen in a violent or sexual manner, or solicits the personal information from anyone under eighteen; • publicly posts information that poses or creates a privacy or security risk to any person; • “Stalk” or otherwise harass another person or entity; • use the ImGiggin services or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; • involves commercial activities and/or sales without prior written consent from ImGiggin such as contests, sweepstakes, barter, advertising, or pyramid schemes; • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the ImGiggin Web Site. • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; • selling or otherwise transferring your profile; • includes a photograph or video of another person that you have posted without that person's consent; • solicits personal identifying information for commercial or unlawful purposes from other users or passwords; 6. DISCLAIMERS. ImGiggin is not responsible for any inaccurate or incorrect Content posted on the Web site or in connection with its services; whether caused by members and/or users of the Web site, or by any of the equipment or programming utilized or is associated in the Service. ImGiggin assumes no responsibility for any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of any user or Members communications. ImGiggin is not responsible for the conduct, whether online or offline, of any user of the ImGiggin Web site or Member of the Service. The Web site and the Service are provided "AS-IS" and ImGiggin expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ImGiggin is not responsible for any technical malfunctions or problems of any telephone network or lines, computer online systems, computer equipment, servers or providers, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including damage or injury to users and/or ImGiggin Members or to anyone's computer related to or resulting from downloading material or participating in connection with the Web and/or in connection with the ImGiggin services. Under no circumstances will ImGiggin be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the ImGiggin Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. ImGiggin cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may not be available temporarily from time to time for maintenance purposes or other reasons. No advice or information, whether written or oral, obtained by ImGiggin users or through or from the service itself shall create any warranty not expressly stated herein. 7. ACCOUNT REGISTRATION, USE, AND TERMINATION. You must access the ImGiggin Web Site and/or services through a valid ImGiggin account (which this Agreement refers to as “Account”). You promise and agree not to access the Web Site and/or services by any means other than through the interfaces that ImGiggin provides for use in accessing its services. To obtain a valid Account, You must have been invited by administration through personal invitation and/or an authorized audition or approval by administration to the Elite section of ImGiggin. Further details on the application process can be found in the Membership Guidelines section. Any Account that was not generated through these means or any means approved by ImGiggin may result, in our sole discretion, in termination of the Account. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the unauthorized Account from the Web Site and reporting such violator to the appropriate legal authorities. You promise to maintain the confidentiality of Your password and the security of Your Account. You agree and acknowledge that You are solely responsible for maintaining the confidentiality of Your password and the security of Your Account and for restricting access to your computer, and You are fully responsible for all activities that occur under the Account and any actions taken in connection with the Account. You promise to immediately notify ImGiggin of any unauthorized use of the Account, and any other breach of security for Your, or another user’s, Account. You agree and acknowledge that ImGiggin cannot be, will not be, and is not liable for any loss or damage resulting from (i) a failure to comply with this security obligation, or (ii) any acts or omissions by You or anyone accessing Your Account, including any damages of any kind incurred as a result of such acts or omissions. In addition to any other remedy available to ImGiggin, whether at law or under this Agreement, You agree that ImGiggin may, for good cause and without prior notice, immediately suspend or terminate Your Account and Your access to its services. Good cause includes, without limitation, (a) breaches or violations of this Agreement, (b) requests by law enforcement or other government agencies, (c) request by You, (d) discontinuance or material modification to the Services, or (e) unexpected technical issues or problems. Termination of Your Account includes (a) removing of Your access to the Services, (b) deleting all related information, files, and content associated with Your Account, and (c) barring Your further use of the Services. You agree that ImGiggin, in its sole discretion, determines what constitutes good cause, and that ImGiggin is not and will not be liable to You or any third-party for any termination of Your account or access to its services. In the event Your Account is terminated and You have any monies then being held in Your Account by ImGiggin, such monies shall first be applied toward payment of any unpaid fees or costs that You may owe to either ImGiggin and/or to any other person under the terms of any of the Transaction Agreements (as defined below), and the remaining balance of such monies, if any, shall be remitted to You. 8. THIRD PARTY WEBSITES AND CONTENT. The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. 9. INTERNATIONAL USE. Recognizing the global nature of the Internet, You promise to comply with any and all local rules regarding online conduct and acceptable content. You promise to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. You promise to comply with all applicable laws protecting content uploaded, downloaded, posted, stored, transmitted, or otherwise made available through the Services. 10. IMGIGGIN CLASSIFIEDS. All listings posted on or through the ImGiggin Classifieds service and all transactions conducted in connection therewith are subject to and governed by the ImGiggin Classifieds Guidelines (the "Guidelines") as well as these Terms of Use. When you use ImGiggin Classifieds in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in the Company's sole discretion, so you should review the Guidelines each time you use ImGiggin Classifieds. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through ImGiggin Classifieds. You acknowledge that ImGiggin is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by ImGiggin applicable to ImGiggin Classifieds are set forth on the Web Site, and all terms and conditions applicable to such fees are set forth in the ImGiggin Terms of Sale However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties through ImGiggin Classifieds, as those transactions are strictly between you and the other party to the transaction. ALL USE OF IMGIGGIN CLASSIFIEDS IS PROVIDED "AS IS" AND AT YOUR OWN RISK. 11. COPYRIGHT POLICY. You may not post, reproduce, or distribute in any way any copyrighted material, trademarks, or other proprietary information of ImGiggin without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Web Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the ImGiggin Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 12. LIMITATION ON LIABILITY. Except in jurisdictions where such provisions are restricted, in no event will ImGiggin be liable to you or any third person for any exemplary, indirect, consequential, incidental, special or punitive damages, including also any lost profits arising from your use of the ImGiggin Web site or its Services, even if ImGiggin has been advised of the possibility of such form of damages. Notwithstanding anything to the contrary contained herein, ImGiggin's liability to you for whatsoever cause, and regardless of the form of the action, will at all times be limited to the amount that is paid, if any, by you as a member to ImGiggin for its services during the term of the membership. 13. INDEMNITY. You agree to hold and indemnify ImGiggin, affiliates, its subsidiaries, agents, officers, and other partners and employees, harmless from any loss, claim, liability, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the ImGiggin Web Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 14. NO AGENCY. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture, relationship between ImGiggin and any User of the ImGiggin services. 15. OTHER. This Agreement is accepted upon your use of the ImGiggin Web Site or any of the ImGiggin Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ImGiggin regarding the use of the ImGiggin Services. The failure of ImGiggin to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ImGiggin and ImGiggin.com is a trademark of RolleGill Enterprises, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.