These Terms of Use, together with any policies, guidelines, rules, order forms, checkout notices, fee schedules, producer terms, privacy terms, copyright policies, refund terms, and other documents incorporated by reference, constitute a binding legal agreement between you and Gigpeach. By accessing, browsing, registering for, purchasing access to, broadcasting through, or otherwise using the Gigpeach website, streaming player, producer tools, ticketing features, payment flow, or related services, you accept and agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Service. Use of the Service is void where prohibited.
"Gigpeach," "we," "us," and "our" mean Gigpeach and its owners, officers, employees, contractors, agents, successors, assigns, affiliates, service providers, and authorized representatives.
"Service" means Gigpeach's website, live streaming platform, stream rental tools, pay-per-view ticketing tools, embedded player, event pages, producer dashboards, payment workflows, email systems, moderation tools, and all related services.
"Producer" means any person or entity that creates, schedules, sells access to, rents, broadcasts, transmits, hosts, manages, promotes, or otherwise controls a stream or event through the Service.
"Viewer" means any person who accesses, purchases, views, attempts to view, or otherwise interacts with a stream or event.
"Content" means all video, audio, images, text, music, graphics, trademarks, logos, metadata, event descriptions, chat, comments, files, links, and other material broadcast, displayed, uploaded, submitted, transmitted, or made available through the Service.
"User" means any Producer, Viewer, account holder, purchaser, visitor, or other person using the Service.
Gigpeach may modify these Terms at any time by posting revised Terms on the Service, sending notice by email, presenting notice within the Service, or using another commercially reasonable notice method. Unless a different effective date is stated, revised Terms become effective when posted. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. Material changes may be accompanied by additional notice when required by applicable law.
The Service is intended for general audiences. Viewers must be at least thirteen (13) years of age. If you are between thirteen (13) and seventeen (17), you may use the Service only as a Viewer and only with the permission and supervision of a parent or legal guardian. Producers must be at least eighteen (18) years of age and legally capable of entering a binding contract.
By creating an account, purchasing a ticket, broadcasting content, or otherwise using the Service, you represent and warrant that you meet the applicable age requirement. If you are under thirteen (13), you may not use the Service for any purpose. Gigpeach may terminate any account or access upon learning that a user does not satisfy these requirements. Misrepresentation of age is a material breach of these Terms.
You are responsible for all activity occurring under your account, ticket, token, embedded player access, password, device, payment credential, PayPal email, or other access mechanism. You must provide accurate, current, and complete information and promptly update it when it changes. You must safeguard login credentials and access links and notify Gigpeach promptly of suspected unauthorized use.
Gigpeach may refuse registration, revoke credentials, suspend accounts, require additional verification, limit access, or terminate any account in its sole discretion, including for fraud, abuse, security risk, violation of law, provider policy violation, or risk to Gigpeach.
Subject to these Terms, Gigpeach grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purposes. No rights are granted except as expressly stated. Gigpeach may revoke this license at any time.
You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, scrape, interfere with, bypass, or exploit any portion of the Service except as expressly allowed by Gigpeach in writing.
Producers are solely and exclusively responsible for all Content they create, submit, broadcast, display, transmit, promote, describe, or otherwise make available through the Service. Gigpeach does not originate producer Content, does not control producer decisions, does not verify producer rights, and does not endorse producer Content.
Each Producer represents, warrants, and covenants that the Producer owns, controls, or has obtained all rights, permissions, licenses, clearances, consents, releases, and authorizations necessary to create, perform, display, broadcast, transmit, sell access to, record, reproduce, distribute, advertise, and otherwise exploit all Content used in connection with the Service. This includes, without limitation, music, sound recordings, musical compositions, public performance rights, synchronization rights, master rights, sports broadcasts, film clips, television clips, trademarks, logos, names, likenesses, privacy rights, publicity rights, venue rights, religious performance licenses, speaker permissions, and union or guild rights where applicable.
A Producer's failure to obtain required rights is solely the Producer's responsibility and is a material breach of these Terms.
Unless Gigpeach expressly states otherwise, one ticket is for one Viewer for one event. Gigpeach may permit a limited number of simultaneous devices per ticket, currently up to two (2), but this limit may change at any time and may vary by event.
Viewers may not share accounts, ticket links, access tokens, player credentials, authentication links, or stream URLs. Viewers may not record, download, rebroadcast, retransmit, restream, screen-capture, scrape, extract, sell, sublicense, archive, publicly display, or otherwise redistribute any stream or Content. Viewers may not attempt to bypass payment gates, device limits, token validation, HLS protections, authentication controls, geographic restrictions, or other technical measures.
The Acceptable Use Policy included in this package is incorporated into these Terms. Without limiting that policy, you may not use the Service to create, post, transmit, broadcast, display, promote, sell access to, or otherwise make available any Content or activity that Gigpeach determines, in its sole discretion, is unlawful, harmful, infringing, abusive, deceptive, unsafe, offensive, sexually explicit, exploitative, harassing, fraudulent, violative of provider rules, or otherwise inappropriate for the Service.
Prohibited Content includes, without limitation, child sexual abuse material, sexualized content involving minors, non-consensual intimate imagery, adult or sexual content, nudity beyond U.S. broadcast television standards, actual violence against persons or animals, threats, trafficking, terrorism, illegal drugs, weapons trafficking, sanctions violations, copyright infringement, sports rebroadcasts without authorization, unauthorized music, harassment, doxxing, hate speech, scams, pyramid schemes, phishing, deceptive investment or cryptocurrency schemes, and unauthorized medical, legal, financial, or professional advice presented as authoritative.
Gigpeach is not an adult-content platform. Adult content, sexual content, erotic content, sexually suggestive conduct, nudity beyond U.S. broadcast television standards, solicitation of sexual services, and content intended primarily for sexual arousal are prohibited. Gigpeach will not permit any future adult-content category unless Gigpeach first implements appropriate age verification, payment-processor approvals, statutory recordkeeping, compliance systems, and legal review. Until such express written policy is issued by Gigpeach, adult content is banned.
Gigpeach has zero tolerance for child sexual abuse material, sexual exploitation, trafficking, grooming, enticement, or any sexualized depiction of a minor. Gigpeach may immediately terminate any stream, suspend or terminate any account, preserve records, block payouts, refund viewers, notify service providers, and report suspected violations to the National Center for Missing and Exploited Children, law enforcement, or other authorities as required or permitted by law.
You may not use the Service to infringe copyright, trademark, trade secret, publicity, privacy, or other rights. Gigpeach may remove or disable access to allegedly infringing Content and terminate repeat infringers in accordance with its DMCA Policy. Serious, repeated, or obvious infringement may result in immediate stream termination, account termination, withholding or forfeiture of payouts to the extent permitted by law, and referral to appropriate authorities or service providers.
Live streaming music, background music, worship music, concerts, DJ sets, films, television, sports events, pay-per-view programs, conferences, stage productions, copyrighted graphics, and other protected works may require multiple licenses. The Producer alone is responsible for obtaining all licenses and clearances. Gigpeach does not provide music licensing, CCLI coverage, ASCAP/BMI/SESAC/GMR licenses, sports broadcast rights, synchronization rights, master-use rights, or public performance licenses.
You may not interfere with or compromise the Service. Prohibited conduct includes attempting to extract HLS URLs, bypass ticket gates, defeat device limits, evade bans, scrape the Service, reverse engineer access controls, probe vulnerabilities, upload malware, create automated traffic, overload infrastructure, conduct DDoS activity, impersonate others, submit false reports, or create multiple accounts to avoid restrictions.
Gigpeach may charge rental fees, ticket fees, platform fees, payment-processing charges, refund charges, chargeback-related charges, bandwidth or infrastructure deductions, minimum per-ticket fees, payout fees, currency-conversion costs, taxes, or other charges disclosed in the checkout flow, producer dashboard, fee schedule, order form, or applicable policy.
Stripe or another payment processor processes viewer payments. Gigpeach does not store full payment-card numbers. PayPal or another approved payout provider may be used for Producer payouts. Fees may vary based on payment method, country, currency, processor rules, provider fees, and infrastructure use.
Each User is responsible for all taxes, duties, levies, governmental charges, reporting obligations, and filings arising from use of the Service. Producers are solely responsible for reporting and paying taxes on Producer earnings. Gigpeach may request tax forms and may issue tax forms or reports when required by law.
Producer payouts are governed by the Producer Agreement and current fee schedule. No Producer is entitled to payout until all applicable conditions are met, including fraud review, identity or payout verification, refund window review, chargeback review, tax-documentation requirements, service-provider approval, sanctions screening, and compliance review.
Gigpeach may delay, withhold, offset, reverse, suspend, or forfeit payouts to the maximum extent permitted by law where Gigpeach determines that a Producer breached these Terms, streamed prohibited Content, infringed rights, engaged in fraud, caused refunds or chargebacks, violated provider rules, failed verification, failed to provide tax documentation, or created risk to Gigpeach.
Refunds are governed by the Refund Policy. Gigpeach may issue refunds in its sole discretion and may deduct refunded transactions, chargebacks, processor fees, chargeback fees, infrastructure costs, and related losses from Producer payouts. A refunded ticket generates no Producer earning for that ticket. Chargebacks may result in account review, delayed payout, offsets, suspension, or termination.
The Service depends on third-party services, including payment processors, payout providers, cloud infrastructure, streaming infrastructure, email providers, hosting providers, internet service providers, browsers, devices, networks, and embedded players. Gigpeach does not control third-party services and is not responsible for their availability, errors, fees, delays, outages, suspensions, policy changes, verification decisions, rejected payments, rejected payouts, account holds, or data practices.
Gigpeach reserves the right, but undertakes no obligation, to monitor, review, sample, moderate, remove, disable, block, report, preserve, or refuse any Content, stream, event, transaction, account, payout, or access. Gigpeach may terminate a live stream without notice where it determines, in its sole discretion, that the stream violates these Terms, applicable law, provider policy, or Gigpeach's interests.
Gigpeach's enforcement decisions are final. Failure to enforce any provision does not waive Gigpeach's right to enforce it later.
Live streaming involves inherent technical risk. Gigpeach does not guarantee uninterrupted streams, error-free playback, low latency, a particular bitrate, viewer access on every device, specific stream quality, latency performance, ticket sales, viewer counts, audience engagement, revenue, profitability, or business outcome. Outages or degradation may occur because of producer internet failure, viewer internet failure, AWS issues, Stripe issues, PayPal issues, hosting issues, browser restrictions, device limitations, network congestion, power failure, equipment failure, DNS issues, cyberattack, force majeure, or other causes.
To the maximum extent permitted by law, the Service is provided "as is," "as available," and "with all faults." Gigpeach disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, security, reliability, revenue performance, audience performance, and uninterrupted operation.
Gigpeach does not warrant that the Service will meet your requirements, that streams will be uninterrupted or error-free, that defects will be corrected, that payouts will occur on a particular schedule, that third-party providers will perform, or that Content will be lawful, accurate, safe, or appropriate.
To the maximum extent permitted by law, Gigpeach and its owners, officers, employees, contractors, agents, successors, assigns, affiliates, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages; lost profits; lost revenue; lost business; lost data; lost goodwill; reputational harm; business interruption; loss of expected savings; substitute services; or cost of procurement, whether based in contract, tort, negligence, strict liability, statute, or any other theory, even if advised of the possibility of such damages.
To the maximum extent permitted by law, Gigpeach's total aggregate liability arising out of or relating to the Service, these Terms, any event, any stream, any ticket, any producer account, or any transaction will not exceed the greater of: (a) the amount of fees actually paid by the claimant directly to Gigpeach for the specific event or service giving rise to the claim; or (b) one hundred dollars ($100). For Producers, Gigpeach's liability will in no event exceed platform fees retained by Gigpeach from that Producer during the twelve (12) months preceding the event giving rise to the claim, excluding pass-through amounts, Stripe fees, PayPal fees, taxes, refunds, chargebacks, AWS costs, and amounts paid or owed to Producers.
Some jurisdictions do not allow certain limitations. In such jurisdictions, Gigpeach's liability is limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Gigpeach and its owners, officers, employees, contractors, agents, successors, assigns, affiliates, and service providers from and against all claims, demands, actions, proceedings, damages, losses, liabilities, settlements, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your Content; (b) your use or misuse of the Service; (c) your breach of these Terms; (d) your violation of law; (e) your infringement or alleged infringement of any intellectual property, privacy, publicity, contract, or other right; (f) your tax, employment, regulatory, or reporting obligations; (g) your fraud, negligence, misconduct, or misrepresentation; (h) any dispute between you and another User, venue, performer, guest, speaker, rightsholder, Viewer, Producer, or third party; or (i) any refund, chargeback, payout, or payment dispute caused by you.
Gigpeach may control the defense and settlement of any matter subject to indemnification. You may not settle any claim in a manner that imposes liability or obligation on Gigpeach without Gigpeach's prior written consent.
You may stop using the Service at any time. Gigpeach may suspend, restrict, or terminate your access, account, stream, event, ticket, payout, or use of the Service at any time, with or without notice, for any reason or no reason, including suspected violation of these Terms, legal risk, provider risk, fraud, chargebacks, excessive refunds, abusive conduct, security concerns, or business discontinuation.
Upon termination, your license to use the Service ends immediately. Terms that by their nature should survive termination survive, including payment obligations, refund obligations, tax obligations, intellectual property provisions, disclaimers, limitations of liability, indemnification, arbitration, venue, governing law, and enforcement provisions.
Gigpeach is not liable for delay, failure, outage, interruption, or nonperformance caused by events beyond its reasonable control, including acts of God, fire, flood, earthquake, storm, epidemic, pandemic, war, terrorism, civil unrest, labor disruption, power failure, internet failure, cloud-provider outage, payment-provider outage, hosting outage, equipment failure, cyberattack, governmental action, legal restriction, sanctions action, or emergency.
Before filing any arbitration or court proceeding, the party asserting a dispute must give written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after notice is received. This provision does not prevent Gigpeach from seeking emergency injunctive relief, enforcing intellectual property rights, terminating access, preserving evidence, reporting unlawful activity, or responding to legal process.
To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to the Service, these Terms, any stream, any ticket, any transaction, any account, or any relationship with Gigpeach will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will occur on an individual basis only. Class arbitrations, class actions, collective actions, private attorney general actions, and representative proceedings are not permitted.
You and Gigpeach waive the right to a jury trial and the right to participate in a class or representative action. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
These Terms and all disputes arising out of or relating to the Service are governed by the laws of the State of Idaho and applicable federal law of the United States, without regard to conflict-of-law principles. If any claim is not subject to arbitration or if arbitration is unavailable or unenforceable, the exclusive venue and jurisdiction for such claim will be the state or federal courts located in or serving Boise, Idaho. Each party consents to personal jurisdiction and venue in Boise, Idaho and waives any objection based on inconvenient forum.
You acknowledge that breach of these Terms may cause irreparable harm to Gigpeach for which monetary damages are inadequate. Gigpeach may seek temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable relief in any court of competent jurisdiction without posting bond to the fullest extent permitted by law.
These Terms, together with incorporated policies, constitute the entire agreement between you and Gigpeach regarding the Service. If any provision is held invalid or unenforceable, the remaining provisions remain in full force. Gigpeach may assign these Terms without restriction. You may not assign your rights or obligations without Gigpeach's prior written consent. No waiver is effective unless in writing. Headings are for convenience only. The word "including" means "including without limitation."
Legal notices to Gigpeach should be sent to: [legal@gigpeach.com] and [Gigpeach legal mailing address].