Introduction

The GigiTraders.com website (“Service”) is provided by Erik Burns (“EB”). By using the Service you agree to be bound by the following Terms of Service (“Terms”) and all applicable laws and regulations governing the Service.

EB reserves the right to change these Terms at any time, effective immediately upon posting to the site. Any new features that augment or enhance the current Service shall be subject to the Terms. Your continued usage of the Service constitutes your acceptance of the Terms, available at www.gigitraders.com/terms/. Questions about the Terms may be sent to support@gigitraders.com.

Accounts

1. The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Service.
2. You may not register accounts with unauthorized automated methods (“bots”).
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for using the Service in a private and secure manner. EB is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as sharing your account password or not logging out of the Service.
5. You are responsible for all Content posted and activity that occurs under your account.
6. You may not use the Service to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You may not use the Service to test pages that contain viruses or worms.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. EB can refuse registration or cancel an account in its sole discretion at any time.

Cancellation

1. You may cancel your account at any time from the My Account section of the website.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. EB reserves the right to suspend or terminate your account at any time for any reason, and is not liable for any damage or loss resulting from such suspension or termination.

Content

1. Content includes any data (photos, graphics, audio, video, or text) you upload to the Service.
2. EB does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant EB the following worldwide, royalty-free and non-exclusive license(s), as applicable:
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or EB removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
3. EB does not pre-screen Content, but EB and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. EB owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by EB.

General

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You understand that EB uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, EB, or any other EB service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by EB.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. You must not transmit any worms or viruses or any code of a destructive nature.
8. EB does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
9. You expressly understand and agree that EB shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EB has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
10. Any abuse or threatened abuse of other users of the Service or of EB personnel will result in immediate account termination.
11. Any failure of EB to enforce or exercise a right provided in these terms is not a waiver of that right.
12. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
13. EB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
14. These Terms constitutes the entire agreements between you and EB and supersedes any and all previous agreements, written or oral, between you and EB, including previous versions of the Terms.
15. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. You and EB each agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state or federal courts in and for Monterey County, California, and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.