GIG BOSS TERMS OF SERVICE
These terms of service were last modified April 13, 2019.
These Terms of Service govern the relationship between you and Gig Boss LLC (GIG BOSS), including any matters arising out of or relating to your purchase or use of GIG BOSS’ mobile application (the App).
READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE LIMIT GIG BOSS’ LIABILITY TO YOU.
YOU AGREE THAT DISPUTES BETWEEN YOU AND GIG BOSS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. IF YOU DO NOT CONSENT TO BINDING ARBITRATION, DO NOT PURCHASE AND USE THE APP. FOR MORE INFORMATION ABOUT BINDING ARBITRATION, SEE SECTION 14 (DISPUTE RESOLUTION).
1. Agreement to Terms of Service
By purchasing and using the App, you warrant and acknowledge that you are a resident of the United States and that you are legally competent to bind yourself to these Terms of Service. If you are purchasing or using the App on behalf of any organization or business entity, you warrant and acknowledge that you are authorized to bind that organization or business entity to these Terms of Service. Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms of Service.
GIG BOSS in its sole discretion may modify or update these Terms of Service from time to time. You should periodically review these Terms of Service. In the event these Terms of Service are modified, the “last modified” date will be changed to reflect the date of modification. If GIG BOSS makes material changes to these Terms of Service, GIG BOSS will notify you through the App or by other commercially reasonable means. If at any time you do not agree to these Terms of Service, you agree to discontinue use of the App.
2. Registration and Use of Account
To use the App, you must create an account and become a registered user. For the purposes of these Terms of Service, the term “your Account” shall mean the account you create to use the App.
You agree that, when you register for your Account, you will provide GIG BOSS with accurate information. GIG BOSS reserves the right to terminate your Account for any reason, including circumstances which lead GIG BOSS to believe you created a sham account or submitted fraudulent information to GIG BOSS.
You are responsible for safeguarding your username, password, and/or other credentials you use to access the App. GIG BOSS disclaims liability for any loss or damages resulting from others’ use or appropriation of credentials for your Account. GIG BOSS considers you personally responsible for all activities originating from your Account, regardless of whether you have personal knowledge of those activities.
3. Contacts with Prospective Users
To support the core functionality of the App, GIG BOSS may ask you to provide access to your contacts and/or address books. GIG BOSS may further ask you to identify prospective users of the App and for permission to individually contact and/or solicit those prospective users about the App.
GIG BOSS will not collect, use, or disseminate information from your contacts and/or address books for any other purpose. Under no circumstances will GIG BOSS collect information from your contacts and/or address books to build a customer database for its own use or for sale or distribution to others. If you grant GIG BOSS permission to contact prospective users of the App, you represent that such prospective users consent to the contacts and do not consider the contacts to be unwanted or unsolicited.
4. Privacy
Any information you provide to GIG BOSS is governed by the Gig Boss Privacy Policy [insert link to Privacy Policy]. By purchasing and/or using the App, you acknowledge and consent to the use of your personal information in accordance with the Gig Boss Privacy Policy.
5. Communications
To promote or facilitate your use of the App, GIG BOSS may communicate with you by e-mail; telephone; text messaging; instant messaging; and/or push notifications on your device(s). By purchasing and/or using the App, you accept and agree to such communications.
6. ContenT
For the purposes of these Terms of Service, the term “Content” shall include text, images, audio recordings, video recordings, and software applications of any kind. You have sole and exclusive responsibility for any Content that originates from your Account. GIG BOSS takes no responsibility for Content posted from your Account or that originates from any other user of the App.
a. Limitations on Content
When Content is posted from your Account, you represent and warrant that you have the right to post that Content.
You agree that Content posted through your Account will not (1) infringe or violate others’ intellectual property rights, including but not limited to others’ copyrights; (2) violate others’ rights of privacy or publicity; (3) make direct or specific threats of violence to others, or promote discrimination, hatred, or harm against any group or individual; (4) harass others directly or indirectly; (5) place undue burden on others’ use of the App; and/or (5) be used to further illegal activities.
GIG BOSS reserves the right, at its sole discretion, to remove or delete any Content posted through the App. If Content is posted through your Account and GIG BOSS determines the Content is objectionable for any reason (whether or not the Content is forbidden by these Terms of Service), GIG BOSS reserves the right, at its sole discretion, to suspend or terminate your Account without notice.
GIG BOSS disclaims any liability for loss or damages resulting from its removal or deletion of Content posted through the App. GIG BOSS further disclaims any liability arising out of or relating to the termination or suspension of your Account or any user account.
b. Licensing and Use of Content
GIG BOSS does not claim any ownership rights to Content that originates from your Account. When Content is posted through your Account, you agree to grant GIG BOSS a worldwide, nonexclusive, royalty-free license (with right to sublicense) to use, copy, adapt, display, and distribute that Content in any format of media. In connection with this license, GIG BOSS may modify or adapt your Content to facilitate its transmission through the App. Subject to the foregoing, GIG BOSS will not collect, repackage, or resell your Content for purposes unrelated to the use, operation, and/or functionality of the App.
Subject to your compliance with these Terms of Service, GIG BOSS grants you a limited, non-exclusive, non-transferable license to access and view Content posted through the App by other users. You further agree that you will not use the App for “data scraping” and/or to collect, repackage, or resell other users’ Content.
GIG BOSS does not routinely monitor Content its users post through the App. You acknowledge and agree that you have no expectation of privacy in Content you post through the App and that GIG BOSS has the right, at its sole discretion, to access and monitor all Content its users post through the App.
Consistent with the Gig Boss Privacy Policy [insert link to Privacy Policy], GIG BOSS further reserves the right to access, preserve, and/or disclose Content (1) when required by law, including but not limited to demands for disclosure by subpoena, by a government agency, or by law enforcement; (2) to investigate possible violations of these Terms of Service and enforce GIG BOSS’ rights under these Terms of Service; and (3) to operate, maintain, and support the features, functionality, and security of the App.
c. Risks from Accessing Content
To the extent you receive Content from other users of the App, you access that Content at your own risk. You acknowledge and agree that, by using the App, you may be exposed to Content that is harmful, deceptive, offensive, or fraudulent. GIG BOSS does not endorse, support, or guarantee the accuracy, truthfulness, or completeness of Content posted through the App. GIG BOSS disclaims liability for any loss or damages resulting from your exposure to Content through the App.
7. Intellectual Property
Other than Content originating from your Account and other user accounts, GIG BOSS is the owner and/or licensee of all designs, methods, elements, and source code for the App. You agree not to use GIG BOSS’ name or trademark for any purpose—including but not limited to embedding that trademark in website source code—without GIG BOSS’ express written consent. GIG BOSS reserves all rights in and to the App that are not expressly granted to you under these Terms of Service.
You have a limited, non-exclusive, non-tranferable, non-sublicensable license to download and install a copy of the App on your devices. You will not copy the App except for backup or archival purposes. You further agree that you will not (1) copy, modify, or create derivative works based on the App; (2) distribute, transfer, sublicense, or lease the App to third parties; or (3) reverse-engineer, decompile, or disassemble the App.
8. Security
You agree that you will not (1) tamper with the App; (2) interfere with the features, functionality, and/or security of the App; (3) assess the App, or any systems, networks, or certificates associated with the App, for purposes relating to breach or circumvention of security for the App; (4) avoid or circumvent any systems, networks, or certificates relating to security for the App; or (5) use the App to mislead or deceive others about your identity or the source of your Content.
9. Advertising
The App may display advertising to you. The type and extent of that advertising is subject to change. As consideration for your use of the App, you agree that GIG BOSS and its partners, vendors, and/or affiliates may display advertising through the App.
10. Arms-Length Relationship
You acknowledge and agree that you and GIG BOSS are parties to an arms-length relationship and that you have not formed a joint venture or partnership with GIG BOSS. You further acknowledge and agree that your purchase and use of the App (1) does not constitute a joint venture or partnership with GIG BOSS; and (2) does not grant you the right to hold yourself out as an agent, affiliate, or employee of GIG BOSS.
You agree that you will not misrepresent yourself as an agent, affiliate, or employee of GIG BOSS, and pursuant to this obligation, you will not use GIG BOSS’ name or trademark(s) in any way that misleads others into believing that you are an agent, affiliate, or employee of GIG BOSS.
11. App Providers
If you downloaded the App via the Apple App Store or any other Apple-affiliated portal, you agree that (1) you will only use the App on Apple-branded products with Apple’s proprietary operating system (iOS) and (2) you will comply with the Usage Rules set forth in the Apple App Store Terms of Service.
For purposes of these Terms of Service, the term “App Provider” shall mean the Apple App Store, Google Play, or any other app distribution platform. If you downloaded the App from any App Provider, you agree that (1) GIG BOSS is solely responsible for the App; (2) these Terms of Service only govern the relationship between you and GIG BOSS and do not govern the relationship between you and the App Provider; and (3) the App Provider has no obligation to provide support or maintenance services for the App.
The App Provider shall have no responsibility to address any concerns relating to your possession and use of the App, including but not limited to (1) products liability claims; (2) consumer protection claims; and (3) any claim that the App does not confirm to legal or regulatory requirements.
In the event the App does not conform to any applicable warranty, then subject to any requirements or guidelines established by the App Provider, you may ask the App Provider to refund the App’s purchase price to you. Other than refund of the purchase price, the App Provider shall have no other warranty obligations with respect to the App.
12. Indemnity
You agree to indemnify and hold harmless GIG BOSS and its officers, members, employees, agents, and affiliates from any claims, liabilities, or losses arising out of or related to your use of the App and/or your compliance with or breach of these Terms of Service. Pursuant to this obligation, you agree to pay GIG BOSS for all losses and attorney fees GIG BOSS incurs relating to or arising out of (1) your use of the App; (2) any Content posted through your Account; and/or (3) your breach of these Terms of Service.
13. Warranties and Limitations
The warranties and limitations in these Terms of Service shall be construed to limit GIG BOSS’ liability to the maximum extent permitted by governing law. This section may not apply to the extent governing law in your jurisdiction forbids disclaimer of implied warranties or limitation of liability. Nothing in this section shall be construed to limit your rights under the governing law in your jurisdiction.
You use the App at your own risk. You acknowledge and agree that the App, and all its functions and features, are provided to you AS IS and AS AVAILABLE. GIG BOSS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
GIG BOSS further disclaims any warranty or any other liability for loss or damages relating to (1) the availability, reliability, and security of the App and all its functions or features; (2) any harm suffered by your device(s) in connection with your use of the App or any Content accessed through the App; (3) the deletion or loss of any Content you store or access through the App; and (4) the reliability or fitness of this App for any particular purpose. To the extent these disclaimers are contradicted by any promise or affirmation by GIG BOSS or its officers, employees, or agents, these disclaimers shall govern.
The App may employ third-party software development kits (SDKs) or links to external websites and services (collectively Nonparty Resources). GIG BOSS does not endorse, support, or guarantee the reliability, truthfulness, or completeness of Nonparty Resources. GIG BOSS disclaims any warranty or any other liability for loss or damages relating to your use of or access to Nonparty Resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIG BOSS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR YOUR ABILITY OR INABILITY TO USE OR ACCESS THE APP OR ANY OF ITS FEATURES, INCLUDING BUT NOT LIMITED TO (A) ANY LOSS OF PROFITS OR REVENUES; (B) LOSSES RELATING TO DELETION OR LOSS OF DATA; (C) LOSSES RELATING TO OTHERS’ USE OF THE APP; (D) LOSSES RELATING TO CONTENT OTHERS HAVE POSTED THROUGH THE APP; AND/OR (E) LOSSES RELATING TO OTHERS’ ILLEGAL, OFFENSIVE, OR DEFAMATORY CONDUCT BY OR THORUGH THE APP
IN NO EVENT SHALL GIG BOSS’ AGGREGATE LIABILITY EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT YOU PAID GIG BOSS FOR THE APP AND ITS FEATURES IN THE SIX-MONTH PERIOD PREDATING THE EVENT GIVING RISE TO YOUR CLAIM.
THE DAMAGE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY LEGAL THEORY OF LOSS OR LIABILITY INCLUDING BUT NOT LIMITED TO WARRANTY, CONTRACT, STATUTORY CLAIMS, AND TORTS (INCLUDING NEGLIGENCE) AND SHALL APPLY REGARDLESS OF WHETHER GIG BOSS RECEIVES ANY FOREWARNING OF POSSIBLE LOSS OR DAMAGE.
14. Dispute Resolution
Any dispute arising out of or relating to the App or these Terms of Service shall be governed by the laws of the State of Minnesota without regard for conflicts-of-law principles.
You agree that any dispute arising out of or relating to the App or these Terms of Service shall be settled through binding arbitration, with the following exception: to prevent the actual or threatened infringement or misappropriation of any form of intellectual property, GIG BOSS reserves the right to bring legal action in a court of competent jurisdiction. You further agree to waive your right to bring any class action or representative litigation in any forum, including but not limited to arbitration.
For matters subject to binding arbitration, you agree that arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect and that judgment on the arbitrator’s award may be entered in any court with competent jurisdiction. In the event of any conflict between the Rules and these Terms of Service, these Terms of Service shall govern. You further agree that all such arbitration proceedings shall be heard by a single arbitrator in Minneapolis, Minnesota and that both sides shall equally share all arbitration fees, but that each side is otherwise responsible for its own costs. Neither side shall disclose the existence, content, or results of any arbitration proceeding without the other side’s consent.
For matters subject to legal action in court, you agree to jurisdiction and venue in the state and federal courts of the State of Minnesota. You further agree that each side is responsible for its own fees and costs.
15. Application and Interpretation of Terms of Service
These Terms of Service constitute the entire agreement between you and GIG BOSS. GIG BOSS’ failure to enforce its rights under these Terms of Service shall not be construed as a waiver of those rights.
Should any provision of these Terms of Service be declared invalid, that declaration shall not affect the validity or enforceability of the remaining provisions in these Terms of Service.