Terms of Service

Welcome to GIGACOMPS.COM. THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH GIGACOMPS.COM, Inc. ("GIGACOMPS.COM") OFFERS YOU ACCESS TO ITS SERVICES. The GIGACOMPS.COM Website and service is only available to: (i) members who are older than 18 years of age provided they consent to this Terms of Service Agreement (the "TOS"), and (ii) members who are younger than 18 years of age if such member’s parent(s) or legal guardian(s) consent to the member’s use of GIGACOMPS.COM’s services and the parent(s) or legal guardian(s) consent to this TOS. If the member is 18 years of age, then the term "you" used herein refers to the member. If the member is younger than 18 years of age, then the term "you" used herein refers to the member and the member’s parent(s) or legal guardian(s).

To become a GIGACOMPS.COM member, please review this TOS, complete the GIGACOMPS.COM registration and check the box next to "I accept User Agreement." By checking the box next to "I accept User Agreement," and/or otherwise using the GIGACOMPS.COM Web site and/ or signing below, you agree to the terms, conditions, notices and guidelines contained in the TOS and that the services provided herein are subject to same and, where applicable, the member represents that he or she has obtained permission from his or her parent or guardian.

Please be advised that we may amend the TOS at any time by posting the amended terms on our site. The amended terms shall be automatically effective immediately after they are posted on our site.

1. DESCRIPTION OF SERVICE

GIGACOMPS.COM provides a variety of free and paid online services including but not limited to home pages, online composite cards, 8 X 10 headshots, portfolios, MP3 playback voice recordings, bulletin boards accessible through various URL’s including but not limited to http://GIGACOMPS.COM and its affiliate sites ("GIGACOMPS.COM Web Site"). These services are usable by all registered users with the exception of the paying services that are limited to paying members only. Your photos may (but we shall be under no obligation to do so nor shall any of the payments hereunder be in consideration of any such submission(s)) be submitted to any of the many industry professionals worldwide (hereinafter "Professional Members"), if your information fits the criteria they have requested. Professional Members shall have access to the GIGACOMPS.COM Web Site for browsing potential models or actors.

GIGACOMPS.COM provides a website and a searchable online database of model and talent information. Professional Members have the ability to search the online database, but GIGACOMPS.COM does not actively market models and talent to Professional Members. GIGACOMPS.COM is not a Talent or Employment Agency and GIGACOMPS.COM does not provide marketing services. GIGACOMPS.COM does not represent you or its members as an agent, manager or otherwise. GIGACOMPS.COM does not actively promote you. By paying the applicable membership fee, you are paying for the right to post your online Composite Card, through an authorized affiliate, on GIGACOMPS.COM and access various GIGACOMPS.COM paying member-only services. Your GIGACOMPS.COM portfolio may or may not be seen by Professional Members who use GIGACOMPS.COM’s services. GIGACOMPS.COM members are not charged any commission or fee related to any requests from Professional Members through GIGACOMPS.COM.

GIGACOMPS.COM does not offer services directly related to any member’s future success in the fashion or entertainment industry and does not make any guarantees with respect thereto. Accordingly, you are responsible for the applicable membership fee regardless of whether or not you are contacted by a Professional Member.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LIKELIHOOD OF INDUSTRY PROFESSIONAL REQUESTS RESULTING FROM THE SERVICES PROVIDED HEREUNDER. FURTHER, WE WILL NOT INFORM YOU IF YOUR ONLINE COMPOSITE CARD HAS BEEN EMAILED TO ANY INDUSTRY PROFESSIONALS. YOU ACKNOWLEDGE THAT THE LIKELIHOOD OF BEING CONTACTED ON ACCOUNT OF YOUR ONLINE COMPOSITE CARD IS LIMITED IN LIGHT OF THE HIGHLY COMPETITIVE NATURE OF THE MODELING INDUSTRY.

THE SERVICES PROVIDED BY GIGACOMPS.COM HEREUNDER WILL NOT MATCH YOU WITH EMPLOYMENT OPPORTUNITIES.

GIGACOMPS.COM WILL NOT (1) PROCURE OR OBTAIN, OR OFFER, PROMISE OR ATTEMPT TO PROCURE, OBTAIN, OR ASSIST IN PROCURING OR OBTAINING EMPLOYMENT FOR YOU, (2) SUPPLY YOU TO EMPLOYERS SEEKING EMPLOYEES ON A PART-TIME OR TEMPORARY ASSIGNMENT BASIS, (3) PROCURE, OBTAIN, OFFER, PROMISE OR ATTEMPT TO PROCURE OR OBTAIN EMPLOYMENT OR ENGAGEMENTS FOR YOU AS AN ACTOR, ACTRESS, PERFORMING ARTIST, VOCALIST, MUSICIAN OR MODEL, OR (4) ACT AS A PLACEMENT FIRM, CAREER COUNSELING SERVICE, OR RESUME SERVICE.

GIGACOMPS.COM WILL NOT, THROUGH ITS AGENTS OR OTHERWISE, PROCURE OR REPRESENT ITSELF AS PROCURING EMPLOYMENT OR EMPLOYMENT ASSISTANCE FOR YOU OR ADVERTISE TO YOU IN ANY MANNER THE FOLLOWING SERVICES FOR A FEE: CAREER COUNSELING; VOCATIONAL GUIDANCE; APTITUDE, ACHIEVEMENT OR VOCATIONAL TESTING; EXECUTIVE CONSULTING; PERSONNEL CONSULTING; CAREER MANAGEMENT, EVALUATION, OR PLANNING; THE DEVELOPMENT OF RESUMES AND OTHER PROMOTIONAL MATERIALS RELATING TO THE PREPARATION FOR EMPLOYMENT; OR REFERRAL SERVICES RELATING TO EMPLOYMENT OR EMPLOYMENT QUALIFICATIONS.

GIGACOMPS.COM WILL NOT PROVIDE OR RENDER SERVICES TO YOU, WITH OR WITHOUT RELATED PRODUCTS, IN CONNECTION WITH ADVICE, INSTRUCTION, ANALYSIS, RECOMMENDATION OR ASSISTANCE CONCERNING PAST, PRESENT OR FUTURE EMPLOYMENT OR COMPENSATION FOR YOUR TIME, LABOR OR EFFORT.

GIGACOMPS.COM WILL NOT IDENTIFY, APPRAISE, REFER OR RECOMMEND YOU TO BE CONSIDERED FOR EMPLOYMENT BY AN EMPLOYER, NOR WILL IT RECEIVE COMPENSATION FOR SERVICES SOLELY BY PAYMENTS FROM AN EMPLOYER AND WILL NOT, IN ANY INSTANCE, BE COMPENSATED, DIRECTLY OR INDIRECTLY, BY YOU FOR BEING IDENTIFIED, APPRAISED, REFERRED OR RECOMMENDED.

GIGACOMPS.COM WILL NOT PROCURE, OBTAIN, OFFER, PROMISE OR ATTEMPT TO PROCURE OR OBTAIN EMPLOYMENT OR ENGAGEMENTS FOR YOU AS AN ACTOR, AN ACTRESS, A PERFORMING ARTIST, A VOCALIST, A MUSICIAN OR A MODEL.

2. REGISTRATION OBLIGATIONS

In order to use GIGACOMPS.COM’s resources, you must obtain access to the Internet, pay any service fees associated with such access, and supply all equipment necessary to make a connection with the Internet.

In consideration of your use of the service, you represent that you are either (i) 18 years of age, or (ii) if you are younger than 18 years of age, that your parent or legal guardian consented to your use of the GIGACOMPS.COM services and your parent or legal guardian accepts the TOS. You also represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. By using any of GIGACOMPS.COM’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service’s registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. GIGACOMPS.COM has the right to suspend or terminate your account if you violate the above or GIGACOMPS.COM has reason to believe that you have violated the above.

3. AGE REQUIREMENT

GIGACOMPS.COM does not permit children under the age of 18 to become members or post online composite cards without their parent’s or legal guardian’s permission.

4. MEMBER PRIVACY

It is GIGACOMPS.COM’s policy to respect the privacy of its members. GIGACOMPS.COM will not monitor, edit, or disclose any personal information about you or your GIGACOMPS.COM account, including its contents, without your prior permission unless GIGACOMPS.COM has a good faith belief that such action is necessary to:

(a) conform to legal requirements or comply with legal process;

(b) protect and defend the rights of GIGACOMPS.COM;

(c) enforce the TOS; or

(d) act to protect the interest of its members or others.

GIGACOMPS.COM does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.

However, you agree that GIGACOMPS.COM may access your account, including its contents, as stated above or as permitted under GIGACOMPS.COM’s Privacy Policy or to respond to service or technical issues.

For more information about our privacy policy, see our Privacy Policy.

5. MEMBER CONDUCT

You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter "content"), whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and not GIGACOMPS.COM, are entirely responsible for all content that you upload, post, or otherwise transmit via any of GIGACOMPS.COM’s services. GIGACOMPS.COM does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. The opinions and views expressed by GIGACOMPS.COM’s members or visitors do not necessarily represent those of GIGACOMPS.COM.

GIGACOMPS.COM reserves the right to modify or remove anything submitted to its service and to cancel any membership, at any time, for any reason and without prior notice. In addition, GIGACOMPS.COM, in its sole discretion, may terminate your account including accounts of paying members, or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the TOS.

You agree to notify GIGACOMPS.COM immediately of any unauthorized use of your account or any other breach of security.

The following is a non-exclusive list of actions and content that is prohibited on GIGACOMPS.COM’s site:

(a) any use of copyrighted, trademarked, patented, or other material protected by the intellectual property rights of a third party without the express permission of the author or owner, the commission of any acts of copyright, trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement; this prohibition includes all forms of software piracy;

(b) any and all Professional Members utilizing this service are prohibited from using, copying, recording and contacting any Model/Actor/Talent, composite cards, profiles, headshots, MP3 Recordings, or any other material posted and protected by the rights of a third party without the prior written consent of said third party;

(c) uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; this also includes content that promotes illegal activity in any way. Despite this prohibition, information provided by Professional Members or other GIGACOMPS.COM members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and GIGACOMPS.COM assumes no responsibility or liability for this material. If you become aware of misuse of the GIGACOMPS.COM services by any person, please contact GIGACOMPS.COM. GIGACOMPS.COM reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;

(d) the harming of minors in any way;

(e) the manipulation of identifiers in any way in order to disguise the origin of any content transmitted through GIGACOMPS.COM’s services or develops restricted or password-only access pages, or hidden pages or images;

(f) the uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

(g) intentionally or unintentionally violating any applicable local, state, national or international law;

(h) the collection or storage of personal data about other users;

(i) impersonating any person or entity, including but not limited to, a GIGACOMPS.COM official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;

(j) uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(k) uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;

(l) disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;

(m) using your web page (or directory) as storage for remote loading or as a door or signpost to another web page, whether inside or beyond GIGACOMPS.COM and its affiliates;

(n) having multiple GIGACOMPS.COM online composite cards with different names or inaccurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio;

(o) using the GIGACOMPS.COM forums, email or any other means, except if explicitly authorized in writing by GIGACOMPS.COM, to contact GIGACOMPS.COM members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;

(p) taking any action, which imposes an unreasonable or disproportionately large load on the GIGACOMPS.COM Web Site's infrastructure;

(q) if you have a password allowing access to a non-public area of the GIGACOMPS.COM Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

(r) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the GIGACOMPS.COM Web Site other than the search engine and search agents available from GIGACOMPS.COM on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or

(s) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the GIGACOMPS.COM Web Site.

6. PAYMENT COLLECTION

You authorize GIGACOMPS.COM to collect fees from you that are payable from you to your representative (the "Representative") and you further authorize GIGACOMPS.COM to distribute such fees to your Representative. All questions and inquiries related to billing and fees should be directed to your Representative. Representatives include The New Faces Development Center, Inc., which can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , and Industry Model & Talent Studios, LLC, which can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . GIGACOMPS.COM retains the sole discretion to add Representatives for which GIGACOMPS.COM will collect fees.

If you pay by credit card, your Representative may automatically renew your membership, and automatically bill your credit card, on a yearly or monthly basis according to the applicable membership subscription type you selected from your Representative, until such membership is terminated.

7. NO SPAM: DAMAGES

GIGACOMPS.COM will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay GIGACOMPS.COM liquidated damages of $5 for each piece of spam addressed to any individual recipient or unsolicited bulk email transmitted from or otherwise connected with your GIGACOMPS.COM account, or GIGACOMPS.COM’s actual damages, whichever is greater.

8. SPECIAL WARNINGS FOR INTERNATIONAL USE

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. INDEMNIFICATION

You agree to indemnify and hold GIGACOMPS.COM, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from and against any liability, loss, claim, suit or other actions, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.

11. NO GUARANTEE OF SERVICE

GIGACOMPS.COM provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choosing. Specifically GIGACOMPS.COM reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that GIGACOMPS.COM should not be liable to you or to any third party for any modification, suspension or discontinuance of the service and no refund shall be given in any event, including any of the circumstances described in this Section 11.

12. ADVERTISEMENTS AND PROMOTIONS

(a) GIGACOMPS.COM runs advertisements and promotions on GIGACOMPS.COM sites. By creating your GIGACOMPS.COM site, you agree that GIGACOMPS.COM has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that GIGACOMPS.COM should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

(b) Member expressly authorizes GIGACOMPS.COM to use his or her photographs, including a Member’s tear sheets, for GIGACOMPS.COM’s advertising or publicity purposes in all media now known or hereafter developed, with no compensation due to the Member.

13. LINKS

Links to the Internet and other resources may be available through GIGACOMPS.COM’s services. Because GIGACOMPS.COM has no control over such sites and resources, you acknowledge and agree that GIGACOMPS.COM is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that GIGACOMPS.COM is not liable for any loss or damage, which occurs as a result of using, or relying on the content, goods and services found on these other sites.

14. DISCLAIMER OF WARRANTIES

(a) THE MEMBER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. GIGACOMPS.COM ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. GIGACOMPS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER GIGACOMPS.COM NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.

(b) GIGACOMPS.COM MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. GIGACOMPS.COM IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.

(C) GIGACOMPS.COM IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, PROFESSIONAL MEMBERS OR AFFILIATES OF GIGACOMPS.COM.

15. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GIGACOMPS.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. GIGACOMPS.COM DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON GIGACOMPS.COM, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. GIGACOMPS.COM DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING PROFESSIONAL MEMBERS, WILL USE THE GIGACOMPS.COM WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. GIGACOMPS.COM DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF GIGACOMPS.COM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GIGACOMPS.COM IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 17 OR THE TERMINATION OF YOUR USE OF GIGACOMPS.COM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF GIGACOMPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. TERM, TERMINATION AND CANCELLATION

The Term of your Membership begins on the date you register as a Member of GIGACOMPS.COM (i.e., the date your contact information (name, address, E-mail address, billing information) is entered into the GIGACOMPS.COM database) and will continue on a yearly or monthly basis according to the applicable membership subscription type you selected at registration time, until you cancel your Membership as set forth below, unless it is otherwise canceled by GIGACOMPS.COM pursuant to the TOS.

You can cancel your Membership at any time by delivering thirty (30) days notice to GIGACOMPS.COM via E-mail sent to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation and for all Membership or subscription fees payable through the natural expiration of your Membership (i.e., through the next annual or monthly renewal date as applicable).

You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with GIGACOMPS.COM. This includes, but is not limited to, any dispute related to, or arising out of (i) any term of the TOS or GIGACOMPS.COM’s enforcement or application of the TOS; (ii) any policy or practice of GIGACOMPS.COM, including GIGACOMPS.COM’s Content Guidelines and the GIGACOMPS.COM’s Privacy Policy, or GIGACOMPS.COM’s enforcement or application of these policies; (iii) the content available on GIGACOMPS.COM or the Internet or any change in content provided through GIGACOMPS.COM; or (iv) your ability to access and/or use GIGACOMPS.COM and its services.

18. NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.

19. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will have a user name and password upon completing the GIGACOMPS.COM registration process. You are responsible for maintaining the confidentiality of the user name and password and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify GIGACOMPS.COM of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GIGACOMPS.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 19.

20. GENERAL INFORMATION

The TOS constitutes the entire agreement between you and GIGACOMPS.COM with respect to the subject matter hereof and governs your use of the service, superseding any prior agreements between you and GIGACOMPS.COM (including, but not limited to any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and GIGACOMPS.COM shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and GIGACOMPS.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Nassau, State of New York. The failure of GIGACOMPS.COM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that your account is non-transferable and any rights to your account or contents within same terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

21. VIOLATIONS

Please report any violations of the TOS to GIGACOMPS.COM, Inc. via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .