Terms Of Use AirGigs LLC

First the terms of AirGigs™ - then you can get back to Creating Music!

Updated: December 09, 2024

THESE TERMS OF USE, including any additional terms and conditions that are referenced herein or presented elsewhere on the Site (defined below), generally or in relation to a specific service or feature, including our Privacy Policy (collectively, the “Terms” and/or “Agreement”) set forth the terms and conditions that apply to your use of the Site. AIRGIGS LLC (“AirGigs”), is the owner of the websites “esession.com” and “airgigs.com” and all rights therein and associated therewith, including, but not limited to, the copyrights and trademarks (hereinafter, individually and collectively, the “Site”).

This Agreement sets forth the legally binding terms of service for your use of the Site and all services provided by AirGigs on the Site (the “Services”). By using the Site and/or Services offered by AirGigs, which includes but is not limited to browsing the site, you, whether an individual or an entity, (the “User” or “You”) are expressly agreeing to be bound by these Terms, including those additional terms of use and policies referenced herein. You further agree to comply with all applicable laws and regulations, including United States and Florida laws. In these Terms, the words “we,” “us,” and “our” refers to AirGigs. These Terms apply to all users of the Site, including, without limitation, users who are a business entity, customers, buyers, merchants, sellers, and contributors of content, information, and other materials or services on the Site. By using the Site and/or Services offered by AirGigs, you hereby waive any and all claims challenging the applicability or binding nature of the Terms.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY CAPABLE OF ENTERING INTO A CONTRACT. Minors are not eligible to use the Site without the supervision of a legal guardian and we ask that they do not submit any personal information to us. You acknowledge that we reserve the right to refuse service to anyone and to cancel user access at any time.

IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS PERIODICALLY. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU, AND SUCH MODIFICATIONS, ADDITIONS, OR DELETIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. WE MAY CHANGE OR DISCONTINUE ANY ASPECT, SERVICE, OR FEATURE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, AVAILABILITY, AND EQUIPMENT NEEDED TO ACCESS OR USE THE SITE, AT ANY TIME AND WITHOUT NOTICE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US.


1. ABOUT THE SITE

The Site is a marketplace platform dedicated to music and multimedia production. You can read more about us on our About page. Through use of the Site, Users can access, browse, and register for services offered by independent sellers (the “Seller(s)”) for music, audio, or multimedia services (the “Project(s)”) that can be facilitated through the Site. Sellers, and not AirGigs, set the terms for their Projects (including, without limitation, the scope of their services, price, work hours, acceptable file formats, etc.). Users who engage Sellers through the Site for a Project are referred to herein as “Buyers.” Communication, file transfer(s), and payment between the Buyer and Seller are all completed through the Site. Payments for Projects are made via the AirGigs payment portal. AirGigs will hold the payment until the Project has been completed. Once a Seller delivers the project, the Buyer will have three (3) days to either reject or accept and review (the “Review Period”). In the event that the Buyer neither accepts nor rejects within the Review Period, the Project (and any work product or services related thereto) will be deemed accepted. Upon the first of: a. Buyer’s acceptance, or b. upon the conclusion of the Review Period with neither an acceptance nor rejection communicated from the Buyer to the Seller; AirGigs will release the payment to the Seller, less commission (the “Commission”) retained by AirGigs. Projects will be assessed a three percent (3.9%) service fee (the “Service Fee”) payable by the Buyer at the time of payment via the AirGigs payment portal. After the conclusion of the Project, the Buyer and Seller will have the opportunity to post a review regarding the Project and/or their experience with Buyer or Seller, as applicable. For the avoidance of doubt, the Seller will be under no obligation to perform any services in connection with the Project unless and until payment therefor is received by AirGigs via the AirGigs payment portal. Additional information regarding Projects, as well as Buyers’ and Sellers’ rights and responsibilities, is included below.

 

2. ACCOUNTS ON THE SITE

During your use of the Site, it shall be solely your responsibility to maintain the confidentiality of your email address, password, and any other account identifiers related to any personal account you created on the Site (the “Account”), and for restricting access by other users or computers. You also acknowledge and accept sole responsibility for any and all activity that occurs under your Account.

Only registered users may engage in the Services on the Site as a Buyer or Seller, subject to the terms and conditions of this Agreement. AirGigs shall have the right, but not the obligation, to monitor your or other users’ use of the Site to determine compliance with the Terms and to satisfy any law, regulation, or authorized government request. AirGigs may share personally identifiable information in response to a law enforcement agency’s request, or where we deem, in our sole discretion, that it is necessary or otherwise required by law. Additional information about the use of personally identifiable information is available in our Privacy Policy, which is hereby incorporated by reference.

AirGigs reserves the right to curate marketplace and/or platform content by pausing, restricting, or deleting any service or account based on its sole discretion. Users with accounts on hold will not be able to sell or buy on the Site. AirGigs has the sole discretion and exclusive right, regardless of the reason, to permanently and/or temporarily suspend, restrict, or delete your account and/or access to the Services.


3. USER BEHAVIOR

AirGigs grants you permission to use the Site subject to all of the terms and conditions set forth in these Terms. As a condition of use, you agree not to use the Site for any purpose that is unlawful. You agree to abide by all applicable local, state, national, and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the Site is expressly prohibited.

By way of example, you agree not to (a) take any action, or (b) upload, download, post, submit, or have AirGigs upload or post on your behalf, or otherwise distribute or facilitate distribution of any material and/or content, using any communications service or other service available on or through the Site, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity; or

  • is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic, or obscene, or promotes hate or incites violence; or

  • misrepresents the source, identity, or content of information transmitted via the Site; or

  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme, petitions for signatures, charity requests, or any other similar solicitation; or

  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, or other information of AirGigs or any third party; or

  • impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of AirGigs; or

  • uses artificial intelligence (AI) to recreate or impersonate any person, performer, or entity’s voice or vocal tracks without their consent, including, without limitation, any employee or representative of AirGigs; or

  • collects, or attempts to collect, personal information about users without their consent or constitutes a solicitation, for commercial purposes, of any users of the Site; or

  • otherwise violates these Terms, the Privacy Policy, or any other policy posted on the Site.

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in AirGigs’ sole discretion, an unreasonable or disproportionately large load on AirGigs’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) alter or modify any part of the website; (iv) bypass any measures AirGigs may use to prevent or restrict access to the Site, other accounts, or computer systems or networks connected to the Site; (v) use the Site to collect user names, users’ contact information, personal information; (vi) use the Site for any business or commercial purpose other than as specifically intended and provided for herein; or (vi) interfere with any other user’s use or enjoyment of the Site, including, without limitation, accessing an account of an AirGigs user that is not yours.

You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, data mine, scrape, index, or reverse engineer any part of the Site, any content of third parties, or any other content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you may not remove any proprietary notices, marks, or labels.

You shall not launch or otherwise use any robot, spider, scraper, or other automated means to access the Site or use the Service in a manner which sends more request messages to the AirGigs server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view, and submit content. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy Materials (as defined herein below) from the Site for the sole purpose of creating publicly available searchable indexes of the Site and Materials, but not caches or archives of the Materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

You shall not use any Projects or other content from the Site for the development of any software program, model, algorithm, or generative artificial intelligence (AI) tool, including, but not limited to, using the Projects or content in connection with the development or operation of machine learning or AI powered models, platforms, tools, or systems (including any use of the content for training, fine tuning, or grounding the machine learning or AI system), unless such use is expressly permitted by applicable law. Sellers must conspicuously disclose any use of AI for or in connection with their Projects, and content using AI submitted without proper disclosures by either party may be subject to removal from the Site. AirGigs reserves the right to remove any Projects that are used for or in connection with such AI purposes at its sole discretion.

Through the use of the Site, the User may have access to confidential information relating to such matters as other users’ and/or AirGigs’ business, trade secrets, systems, procedures, manuals, products, contracts, personnel, and clients. As used herein, “Confidential Information” means information belonging to such other users or AirGigs which is of value to such party and the disclosure of which could result in a competitive or other disadvantage to either party, including, without limitation, financial information, business practices and policies, know-how, trade secrets, market or sales information or plans, customer lists, and business plans. Confidential Information does not include: (i) information that was known to the receiving party before receipt thereof from or on behalf of the disclosing party; (ii) information that is disclosed to the receiving party by a third person who has a right to make such disclosure without any obligation of confidentiality to the party seeking to enforce its rights hereunder; (iii) information that is or becomes generally known in the trade without violation of these Terms by the receiving party; or (iv) information that is independently developed by the receiving party or its employees or affiliates without reference to the disclosing party’s information. Each party will protect the other’s Confidential Information with at least the same degree of care it uses with respect to its own Confidential Information and will not use the other party’s Confidential Information other than in connection with its obligations hereunder. Notwithstanding the foregoing, a party may disclose the other’s Confidential Information if (i) required by law, regulation, or legal process or if requested by any government agency; (ii) it is advised by counsel that it may incur liability for failure to make such disclosure; (iii) requested to by the other party; provided that in the event of (i) or (ii) the disclosing party shall give the other party reasonable prior notice of such disclosure to the extent reasonably practicable and cooperate with the other party (at such other party’s expense) in any efforts to prevent such disclosure.


4. ORDERS BY BUYERS ON THE SITE

Confirmation of Orders. While it is our practice to confirm orders for Projects by email, the receipt of an email order confirmation does not constitute the acceptance of an order. We reserve the right, without prior notice, to limit the order for a Project and/or to refuse service to any Buyer. We also may require verification of information prior to the acceptance of any order. A Project is complete once the Buyer reviews the delivered work or the conclusion of the Review Period (whichever comes first).


Cancellation or Refusal of Orders. AirGigs reserves the right to refuse any order placed on the Site. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

All orders for Projects must be completed by Buyer through the Site. Buyers must pay for Projects on the Site by using the Site’s payment portal. It is explicitly forbidden for Buyers to pay Sellers directly for Projects, whether in person or by using any other payment method other than the payment portal provided through the Site. Upon request, which shall be granted on a case-by-case basis and in the sole discretion of AirGigs, AirGigs may send an invoice from an alternate payment processor. Such requests must be made by emailing help@airgigs.com. If you have been asked to use an payment method not offered by AirGigs, please report it immediately by contacting help@airgigs.com.

AirGigs prides itself in providing quality services. Despite our best efforts, however, some services may be limited. Display of a Project on the Site is not a guarantee that the Project is currently or will be available during your visit. If you are unable to locate a particular service or Project, if you have any questions concerning the availability of a service or Project, please contact us at help@airgigs.com. AirGigs makes no representations or warranties concerning inaccuracies, typographical errors, or other defects which may be present in the content available on the Site or provided as a result of a Project.

Project Acceptance or Rejection. Once files related to a Project are delivered, the Buyer has three (3) days to review the delivered files. Leaving a review will complete the order and serve as the Buyer’s acceptance of the file(s) AS IS. A Buyer can reject the delivered files by clicking on the "Order Issue?" tab at the bottom of the order page. If the Buyer takes no action, the order will be marked as complete three (3) days after delivery.


5. SELLERS ON THE SITE

When the Buyer orders a Project through the Site, the Seller will be notified through their account and by email. After the Seller successfully delivers the Project file(s) to Buyer, AirGigs will credit the Seller’s account with the revenue derived from the established sale price minus AirGigs’ commission. AirGigs agrees to process funds to a Seller’s Account within a reasonable time frame (usually three business days) after Buyer’s acceptance or the conclusion of the Review Period. However, AirGigs cannot guarantee a specific delivery time of funds.


It is explicitly prohibited for Sellers to include outbound links (to websites, platforms, marketplaces, online groups, social media pages, etc.) or reference any URLs within their service descriptions, images, videos, or delivered files. Sellers who use the Site to redirect other users to other sites may have their account terminated without notice and if, in AirGigs’ sole determination, the redirection was for the purpose of circumventing the AirGigs payment portal, Seller shall pay AirGigs liquidated damages in the amount of Two Thousand Dollars ($2,000) within thirty (30) days of AirGigs’ termination of the account, which Seller acknowledges and agrees is a reasonable estimate of the damages suffered by AirGigs.

A user's rating is calculated based on reviews submitted by other users, the amount of Projects cancelled, and order issues, if any. “Top Rated” users are chosen automatically by AirGigs based on a list of criteria, including seniority, volume of sales, high review ratings, exceptional customer care, and community leadership. Users must have a minimum of twenty-five, 5-star reviews to be eligible for consideration to be designated “Top Rated.” The “Top Rated” designation may be removed by AirGigs at any time, with or without notice, for any reason.


6. ORDER DELIVERY & COMMUNICATIONS

Quality of Services. All Sellers on the Site shall strive to deliver professional quality work. Specifically, Sellers shall ensure that all deliverables:

  • Error free;

  • Fully address each of the Buyer's defined requirements;

  • Appropriately disclose any use of AI in the Project description and any related terms that may affect the Ownership of Works as discussed in Section 11 of this Agreement;

  • Are completed with the set of deliverables defined in the Project description or as agreed to with the Buyer within the Site as part of the requirements for custom projects; and

  • Are consistent with the level of expertise indicated in the Sellers’ service pages, profile, custom offers, and/or proposals.

To complete a Project, Sellers must deliver completed files and/or proof of work using the 'Deliver Project' tab located on the order page within the “Manage Sales” section.

Sellers may use third-party file transfer (“Share Links”) to deliver files, including, without limitation, Box, Dropbox, WeTransfer, Google Drive, and Elsevier, among others. Use of any third-party file transfer application or any other site or service other than the Site will be governed by the terms of the third-party site, and AirGigs shall not be responsible for any technical or other issues with such third-party transfer site.

Communication. By making a purchase or creating an Account on the Site, you acknowledge and understand that we may, on occasion, send you communications or data via email regarding our products, services, and promotions. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such messages. All communications, information, and directions related to a Project shall be performed exclusively using the Site. Communication outside of airgigs.com regarding Projects may result in account suspension and disqualify users from the dispute resolution procedure listed below.

Third-Party Content. The Site may contain links to websites controlled by third parties. We have no control over the content of any third-party site, and these Terms do not govern your use of any such third-party site. Additionally, the Site may reference products, services, or other information by trade name, trademark, or otherwise, and such reference shall not be construed as an endorsement, sponsorship, or recommendation of or by such third parties unless expressly stated to the contrary.


7. PAYMENTS

Buyers may not offer, and Sellers may not accept, payments using any method other than through the Site’s payment portal. Requesting or making a payment outside of the Site is a breach of these Terms unless and until the express written consent of AirGigs has been granted. In the event a prohibited request or payment occurs, the User’s Account may be subject to permanent suspension. Additionally, the User will be liable for any loss and legal expenses that AirGigs may incur in recovering monies duly owed to AirGigs related to such Project. Users consent to and acknowledge that payments by Buyers are routinely checked by AirGigs for fraud prevention purposes before any payments are released. AirGigs reserves the right to withhold funds associated with an Account in order to recover lost fees. Moreover, User acknowledges and agrees that AirGigs will not mediate any disputes or be liable for loss or damage of any kind arising out of or related to a violation of this Agreement. Users must report attempts or offers to make a payment outside of the Site by the Buyer or Seller to AirGigs immediately to help@airgigs.com.

 

8. WITHDRAWING FUNDS

In order to withdraw funds from the Account, Users are required to have a valid PayPal or Payoneer account. Your Account must be able to receive incoming payments before withdrawing funds. Your Account can only be associated with one PayPal or Payoneer account.

Revenues derived from Projects are only made available for withdrawal after a clearance period of at least three (3) days. Funds withdrawn from your Account to your PayPal or Payoneer account may be subject to third-party fees. Users can learn more about third- party fees on the respective third-party websites. Withdrawals are final and cannot be reversed. AirGigs will not refund or change the withdrawal process once it has begun. Withdrawals will be processed within 24 to 48 hours.

Users with restricted and/or suspended accounts will be able to withdraw their funds after a hold period of 45 to 90 days. The duration of the hold period will vary depending on the reason for the account restriction and/or suspension.


9. REFUND REQUESTS AND CANCELLED PROJECTS

Projects Offered with a 100% Guarantee. If a Seller offers a 100% money-back guarantee, such Projects may be cancelled and refunded for any reason while the Project is still in progress. In AirGigs' sole discretion, Users who have a high percentage of cancellations and / or abuse the 100% guarantee may have their accounts terminated.


Projects Offered without a 100% Guarantee. If a Seller does not offer a 100% money- back guarantee, such Projects cannot be cancelled without demonstrating, to AirGigs’ satisfaction, that the Seller did not fulfill the Seller’s obligations and did not deliver according to the terms set forth in the seller's Service Description. Refunds are at the sole and exclusive discretion of AirGigs and all decisions regarding refunds are final.

Refunds. If an order for a Project is cancelled and AirGigs determines that a refund is due, the funds are returned to the Buyer's Account balance and are available for future purchases of services on the Site. Funds from cancelled orders are only available for withdrawal to the User’s PayPal account, and/or the original funding source, upon email request sent to help@airgigs.com with the subject line: “Refund Request.” AirGigs must receive the email request no later than ten (10) months from the date payment was made (the “Request Deadline”). Requests for refunds received prior to the Request Deadline will be subject to AirGigs’ processing fee in an amount equal to three point nine percent (3.9%) of the total refund, which shall be deducted from the amount being refunded. Any requests received after the Request Deadline shall not result in a refund to User’s PayPal account or original funding source, but instead will only be returned to the Buyer’s Account balance and will remain available for future use on the Site only.

Late Delivery. AirGigs reserves the right to cancel Projects for late delivery and refund to the Buyer all funds paid for the Project. Sellers are required to meet the delivery dates they specified when creating their Projects.

Mutual Cancellation. Both Buyers and Sellers have the option to cancel a Project by mutual agreement. Mutual cancellations have no negative effect on rating for the Sellers. However, excessive cancellations of any type may result in account suspension, limitation, or termination. Unanswered mutual cancellation requests will be automatically accepted after 48 hours.

Cancellation by Seller. A seller may “force cancel” a Project at any time. Force cancel means that the Seller automatically cancels the Project without consent from the Buyer. However, such “force canceling” may have a negative effect on the Seller's rating. If a Seller has an issue or problem completing a Project, the Seller should contact help@airgigs.com for assistance.

If a Buyer is eligible for a Project cancellation, it must be completed through AirGigs customer support. A Project may not be cancelled more than three (3) days after the Project was ordered. It is strictly forbidden for the Buyer to use PayPal, or any other original funding source, to reverse the charge or request a refund of the payment from the Site. In the event of such reversal, your Account may be suspended or terminated.

AirGigs Service Fees are non-refundable.

Always contact the AirGigs friendly support team at help@airgigs.com for more information regarding refunds or cancellation.


10. USER COMMENTS

From time to time, at our discretion, AirGigs may allow users to submit material to the Site and/or post comments, which may include, without limitation, text, images, videos, and recordings (individually and jointly, "User Comments") on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable, perpetual, worldwide, unrestricted license to publicly display, distribute, reproduce, and otherwise use such User Comments in any manner we determine, in our sole discretion. You represent and warrant that no User Comments submitted by you to the Site will violate any right of any third party, including without limitation copyright, trademark, privacy, or other personal or proprietary rights, or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.


Although User Comments may be posted on the Site, the posting of those submissions does not in any way constitute our endorsement of such User Comments nor is AirGigs obligated to post any User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments for any or no reason.


11. COPYRIGHTS; OWNERSHIP AND LIMITATIONS

This section impacts your legal rights in and to the Works. Please read carefully.


Site Ownership. This Site is owned and operated by AirGigs. Aside from third-party licensed content, all rights, title, and interest in and to the materials provided on this Site, including, but not limited to, information, documents, logos, graphics, sounds, images, audio-visual works, and the intellectual property rights therein, including, without limitation, copyright and trademark (the “Materials”) are owned by us. “AirGigs” and “AirGigs Logo” are trademarks and are the exclusive property of AirGigs. Except as otherwise expressly provided herein, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by us.

Ownership of Works. PLEASE READ CAREFULLY. Unless clearly stated otherwise in the Project or Service description, it is intended that the results of the Services rendered by Seller (the “Works”), including, but not limited to, the copyrights thereto, are to be a work made for hire. Seller acknowledges and agrees that the Works (and all rights therein, including, without limitation, copyright) belong to and shall be the sole and exclusive property of Buyer. The parties further acknowledge and agree that the failure to disclose the use of AI or any other means that would interfere with the transfer of rights to Buyer shall be deemed a violation of this Agreement and grounds for removal of that party’s content from the Site. Buyer shall have the exclusive, unrestricted, perpetual right throughout the universe to use, distribute, sell, and exploit the Works in any and all media, by any and all methods and formats. If, for any reason, a court of competent jurisdiction determines that the Works are not a work for hire, Seller hereby assigns all right, title, and interest in and to the Works and the copyrights therein to Buyer.

Independent Counsel. User hereby acknowledges and agrees that it is User’s responsibility to seek legal advice regarding the ownership of intellectual property rights and whether the grant of rights contained herein is adequate for User’s needs. User further acknowledges and agrees that AirGigs is not liable for a User’s failure to perform due diligence, neglecting to seek legal advice, or lack of understanding. In the event that User desires any additional documentation regarding the rights to the Works, it shall be User’s sole responsibility to obtain such documentation.

Warranty and Representation. User warrants and represents that all materials furnished by User in connection with User’s use of the Site are or will be original to User or in the public domain throughout the world or used with the consent of the original owner thereof, and shall not infringe upon or violate any copyright, trademark, the right of privacy, or any other right of any kind or nature of any person or entity. User further warrants that User has properly secured, at User’s sole cost and expense, any and all permits, licenses, permissions, and insurance policies that a reasonably prudent person would secure in connection with User’s use of the Site. User hereby indemnifies AirGigs and undertakes to defend AirGigs against and hold AirGigs harmless (including, without limitation, settlement amounts agreed to by AirGigs in its sole discretion, attorneys’ fees, and costs) from any and all claims and/or damage arising out of or related to User’s use of the Site and/or a breach of User’s warranties, covenants, representations, or agreements as provided herein.

The Site contains User Generated Content (UGC). AirGigs does not check UGC for violations of copyrights, trademarks, and/or other intellectual property rights. If you suspect violations of any rights outlined in this section, please contact the support team at help@airgigs.com. Any content reportedly violating intellectual property rights will be removed immediately in accordance with AirGigs’ DMCA Copyright Policy herein below.


12. DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (A) THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;

(C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE MATERIALS OR SERVICES, WILL MEET YOUR EXPECTATIONS; OR (E) THAT THE MATERIALS ARE FREE FROM INFRINGEMENT OF ANY KIND OR NATURE.

OBTAINING ANY MATERIALS OR SERVICES THROUGH USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE AND/OR OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COST OF SUBSTITUTE GOODS OR SERVICES, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.


13. INTERPRETATION

These Terms were written in English (U.S.). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.

 

14. STATEMENT OF RIGHTS AND RESPONSIBILITIES

These Terms govern our relationship with you and others who interact with the Site as well as other products and Services. By using or accessing the Site or our Services, you agree to these Terms, as updated from time to time.


15. PRIVACY

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use the Site and how we collect and can use the content and information you share with us. We encourage you to read the Privacy Policy and to use it to help you make informed decisions.


16. ADVERTISING

We may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

 

17. MOBILE AND OTHER DEVICES

We currently provide our Site for free, but please be aware that your carrier's normal rates and fees, such as data charges, will still apply.

 

18. TERMINATION

If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Site and/or Services to you.

 

19. DISPUTES

Buyer and Seller Disputes. AirGigs encourages Buyers and Sellers to resolve conflicts amongst themselves. If for any reason this fails, disputes between Buyers and Sellers should be handled using the Site’s dispute resolution tools, which are located under the heading “Order Issue?” on the Order page or by contacting the AirGigs customer support team at help@airgigs.com, while the order is still in progress. Disputes must be filed before an order is marked completed. Once a dispute is filed, Buyer and Seller must cease all communication between one another and AirGigs will attempt to mediate the dispute. AirGigs requires a period of up to twenty one (21) days to review all order communications, deliverables, and details before mediation begins.


Disputes with AirGigs. Users acknowledge and agree that any payments and/or other actions made by AirGigs in accordance with the resolution process of a dispute are made in good faith and Users shall have no cause of action against AirGigs (whether in contract, tort, or otherwise) in connection with the resolution of a dispute or any actions or payments made pursuant to it. Users further acknowledge and agree that AirGigs is not and shall not be liable for any loss, damage, or harm arising out of or related to the Site, Services, or interactions with a Buyer, Seller, or other user of the Site.

This Agreement, its validity, its construction, and all matters relating to the relationship between the parties shall be governed by Florida law and U.S. Federal law, as applicable. If either party retains an attorney to enforce or litigate this Agreement, its validity, or any provision hereof, the prevailing party shall be entitled to all reasonable attorneys’ fees, costs, and necessary disbursements incurred through appeal. This Agreement shall bind and inure to the benefit of the parties hereto and their respective assigns. In the event of litigation, exclusive jurisdiction and venue shall rest in the state or federal courts serving Orange County, Florida.


20. MISCELLANEOUS

The Terms and Privacy Policy constitute the entire Agreement between you and us and supersede all previous written or verbal agreements between you and us with respect to the subject matter herein. If any portion of these Terms are found to be unenforceable, the remaining portions will remain in full force and effect, and the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If we fail to enforce any of these Terms, it will not be considered a waiver. The section headings contained herein are for convenience only and shall not impact the meaning or effect on the content of the Terms. The Terms and Privacy Policy shall be interpreted to give them fair meaning, and any ambiguity shall not be construed against either party as the primary drafter hereof. Any amendment to or waiver of these Terms shall be unenforceable unless made in writing and signed by us. You may not transfer or assign any of your rights or obligations under these Terms without our written consent first being obtained. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law. These Terms do not confer any third-party beneficiary rights. We reserve all rights not expressly granted herein. You will comply with all applicable laws when using or accessing the Site. If you access the Site from outside the United States, you accept full responsibility for compliance with local laws.

 

21. FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site (“Feedback“). You may submit Feedback by sending a message via the “Contact” section of the Site or emailing help@airgigs.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

22. DMCA POLICY

AirGigs respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, AirGigs will respond expeditiously to claims of copyright infringement committed using AirGigs’ Service(s) and/or the Site, if such claims are reported to AirGigs’ Designated Copyright Agent identified in the sample notice below.


If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to AirGigs’ Designated Copyright Agent. Upon receipt of Notice, as described below, AirGigs will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

  4. Include both of the following statements in the body of the Notice:

  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).&rdquo

  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to AirGigs’ Designated Copyright Agent:

Copyright Agent
AirGigs LLC
504 Ocean Avenue #510022
Melbourne Beach, FL 32951

Or

Email: help@airgigs.com