NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.

1.       INTRODUCTION.

A.       Purpose.

The mission of GigBlast is to connect the world’s professionals to enable them to be more productive and successful in marketing their respective careers and personal brands. To achieve our Mission, we make services available through our website, mobile applications, and developer platform, to help you, your connections, and millions of other professionals meet, exchange ideas and realize opportunities.

B.       Scope and Intent.

You agree that by registering on GigBlast, or by using the our website, including our mobile applications, developer platform, premium services, or other information provided as part of the GigBlast services (collectively "GigBlast" or the "Services"), you are entering into a legally binding agreement with GigBlast, 222 Purchase Street, #177, Rye, NY 10580, USA if you reside in the United States ("we," "us," "our," and "GigBlast") based on the terms of this GigBlast User Agreement and the GigBlast Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a GigBlast user ("User").

 

If you are using GigBlast on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click "Join GigBlast" and do not access, view, download or otherwise use any GigBlast webpage, information or services. By becoming a User you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the GigBlast User Agreement and Privacy Policy are also collectively referred to as GigBlast’s "Terms of Service."

2.       YOUR OBLIGATIONS.

A.       Applicable laws and this Agreement

You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

1.       DOs and DON’Ts;

2.       Complaints Regarding Content Posted on the GigBlast Website; and

3.       GigBlast’s Privacy Policy.

B.       License and warranty for your submissions to GigBlast.

You own the information you provide GigBlast under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant GigBlast a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to GigBlast, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to GigBlast, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your GigBlast profile information accurate and updated.

C.       Service Eligibility.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a GigBlast account, (3) are not a competitor of GigBlast or are not using the Services for reasons that are in competition with GigBlast; (4) will only maintain one GigBlast account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of GigBlast, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

D.      Sign-In Credentials.

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your GigBlast account to another party; and (5) refrain from charging anyone for access to any portion of GigBlast, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

E.       Indemnification.

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through GigBlast.

F.       Payment.

If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to GigBlast storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You also acknowledge that GigBlast’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

G.       Notify us of acts contrary to the Agreement.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

H.      Notifications and Service Messages.

For purposes of service messages and notices about the Services to you, notice shall consist of an email from GigBlast to an email address associated with your account, even if we have other contact information. You also agree that GigBlast may communicate with you through your GigBlast account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your GigBlast account or services associated with GigBlast. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

I.         Mobile Services.

GigBlast may offer the Services through mobile applications created by it or third party developers ("Platform Developers"). If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your GigBlast data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your GigBlast account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing GigBlast through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.

Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

J.         User-to-User Communication and Sharing (GigBlast Groups, Answers, Updates, etc.).

GigBlast offers various forums and blogs such as GigBlast Groups and Answers where you can post your observations and comments on designated topics. GigBlast also enables sharing of information by allowing users to post updates, including links to news articles and other information to their profile. Ideas you post and information you share may be seen and used by other Users, and GigBlast cannot guarantee that other Users will not use the ideas and information that you share on GigBlast. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any GigBlast group or elsewhere on GigBlast. GIGBLAST IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY GIGBLAST COMMUNITY FORUMS SUCH AS THE GIGBLAST BLOG, GROUPS OR ANSWERS.

K.       Privacy.

You should carefully read our full Privacy Policy before deciding to become a User as it governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data and content (such as photographs) which you may submit to GigBlast, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

L.       Export Control.

Your use of GigBlast services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

3.       YOUR RIGHTS.

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of GigBlast), view information and use the Services that we provide on GigBlast webpages and in accordance with this Agreement. Any other use of GigBlast contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from GigBlast commercially unless expressly authorized by GigBlast) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GigBlast and all related items.

4.       OUR RIGHTS AND OBLIGATIONS.

A.       Services Availability.

For as long as GigBlast continues to offer the Services, GigBlast shall provide and seek to update, improve and expand the Services. As a result, we allow you to access GigBlast as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue GigBlast, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. GigBlast further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by GigBlast to be contrary to this Agreement. For avoidance of doubt, GigBlast has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

B.       Third Parties.

GigBlast may include links to third party web sites ("Third Party Sites") on http://gigblast.com and elsewhere.

You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.

GigBlast is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. GigBlast also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an "as-is" basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.

Please note: If you allow an Platform Application or Third Party Site to authenticate to or connect with your GigBlast account, that application or website can access information on GigBlast related to you and your connections.

For additional information regarding Platform Developers and Platform Applications, please refer to GigBlast’s Privacy Policy.

C.       Disclosure of User Information.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of GigBlast, our Users or the public.

D.      Connections and Interactions with other Users.

You are solely responsible for your interactions with other Users. GigBlast may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. GigBlast reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if GigBlast determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

5.       DISCLAIMER.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON GIGBLAST, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GIGBLAST AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GIGBLAST OR ANYTHING RELATED TO GIGBLAST, YOU MAY CLOSE YOUR GIGBLAST ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

GIGBLAST IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GIGBLAST TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.

GIGBLAST DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GIGBLAST DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

GIGBLAST DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GIGBLAST DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GIGBLAST DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GIGBLAST SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

6.       LIMITATION OF LIABILITY.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither GigBlast nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("GigBlast Affiliates") shall be liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from GigBlast. This limitation of liability shall:

A.       Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

B.       Not apply to any damage that GigBlast may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.

C.       Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

7.       TERMINATION.

A.       Mutual rights of termination.

You may terminate this Agreement, for any or no reason, at any time, with notice to GigBlast. This notice will be effective upon GigBlast processing your notice. GigBlast may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only GigBlast or the party paying for the services may terminate your access to any Premium Services. Termination of your GigBlast account includes disabling your access to GigBlast and may also bar you from any future use of GigBlast.

B.       Misuse of the Services.

GigBlast may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the GigBlast messaging services; creating multiple or false profiles; using the Services commercially without GigBlast’s authorization, infringing any intellectual property rights, or any other behavior that GigBlast, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, GigBlast has adopted a policy of terminating accounts of Users who, in GigBlast’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

C.       Effect of Termination.

Upon the termination of your GigBlast account, you lose access to the Services. In addition, GigBlast may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof.

8.       GOVERNING LAW AND DISPUTE RESOLUTION

A.       This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the parties submit to the jurisdiction of the New York courts.

B.       The Parties shall use their best efforts to resolve any dispute, controversy, or claim arising out of or relating to this Agreement.  Should such efforts fail, the unresolved dispute, controversy, or claim shall be finally settled by binding arbitration in White Plains, New York in accordance with the Commercial Arbitration rules of the American Arbitration Association.  The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.

9.       GENERAL TERMS.

A.       Severability.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

B.       Language.

Where GigBlast has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with GigBlast.

C.       Notices and Service of Process.

In addition to Section 2.h. ("Notices and Service Messages"), we may notify you via postings on http://gigblast.com. You may contact us via email at:

nextstep@GigBlast.com

Or via mail or courier at:

    GigBlast
    ATTN: Legal
    222 Purchase Street, #177
    Rye, NY 10580
    USA

Additionally, GigBlast accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

D.      Entire Agreement.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GigBlast services, third-party content or third party software.

E.       Amendments to this Agreement.

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at http://gigblast.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 (Termination).

F.       No informal waivers, agreements or representations.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any GigBlast Affiliate shall be deemed legally binding on any GigBlast Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of GigBlast.

G.       No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

H.      Beneficiaries.

Entities other than GigBlast that GigBlast owns a 50% or greater interest in ("Affiliate") are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

I.         Assignment and Delegation.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, GigBlast for any third party that assumes our rights and obligations under this Agreement.

10.   GIGBLAST USER "DOS" and "DON’TS."

As a condition to access GigBlast, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

A.       Do undertake the following:

1.       Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

2.       Provide accurate information to us and update it as necessary;

3.       Review and comply with our Privacy Policy;

4.       Review and comply with notices sent by GigBlast concerning the Services; and

5.       Use the Services in a professional manner.

B.       Don’t undertake the following:

1.       Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to GigBlast;

2.       Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on GigBlast (excluding content posted by you) except as permitted in this Agreement;

3.       Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

4.       Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature;

5.       Create a user profile for anyone other than a natural person;

6.       Utilize information, content or any data you view on and/or obtain from GigBlast to provide any service that is competitive, in GigBlast’s sole discretion, with GigBlast;

7.       Imply or state, directly or indirectly, that you are affiliated with or endorsed by GigBlast unless you have entered into a written agreement with GigBlast (this includes, but is not limited to representing yourself as an accredited GigBlast trainer if you have not been certified by GigBlast as such);

8.       Adapt, modify or create derivative works based on GigBlast or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under GigBlast’s developer program;

9.       Rent, lease, loan, trade, sell/re-sell access to GigBlast or any information therein, or the equivalent, in whole or part;

10.    Deep-link to the Site for any purpose, (i.e. including a link to a GigBlast web page other than GigBlast’s home page) unless expressly authorized in writing by GigBlast or for the purpose of promoting your profile or a Group on GigBlast;

11.    Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;

12.    Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through GigBlast-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;

13.    Access, via automated or manual means or processes, GigBlast for purposes of monitoring its availability, performance or functionality or for any competitive purpose;

14.    Engage in "framing," "mirroring," or otherwise simulating the appearance or function of GigBlast’s website;

15.    Attempt to or actually access GigBlast by any means other than through the interfaces provided by GigBlast;

16.    Attempt to or actually override any security component included in or underlying GigBlast;

17.    Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or GigBlast personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;

18.    Remove any copyright, trademark or other proprietary rights notices contained in or on GigBlast, including those of both GigBlast and any of its licensors;

19.    Remove, cover or otherwise obscure any form of advertisement included on GigBlast;

20.    Harass, abuse or harm another person, including sending unwelcomed communications to others using GigBlast;

21.    Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from GigBlast except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

22.    Share information of non-Users without their express consent;

23.    Interfere with or disrupt GigBlast, including but not limited to any servers or networks connected to GigBlast;

24.    Invite people you do not know to join your network;

25.    Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo;

26.    Use or attempt to use another's account without authorization from the Company, or create a false identity on GigBlast;

27.    Infringe or use GigBlast’s brand, logos and/or trademarks, including, without limitation, using the word "GigBlast" in any business name, email, or URL or including GigBlast’s trademarks and logos except as expressly permitted by GigBlast;

28.    Upload, post, email, transmit or otherwise make available or initiate any content that:

a.        Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;

b.       Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

c.        Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by GigBlast);

d.       Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e.        Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

f.         Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using GigBlast invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using GigBlast to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;

g.        Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of GigBlast or any User of GigBlast;

h.       Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or

29.    Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.

11.   COMPLAINTS REGARDING CONTENT POSTED ON THE GIGBLAST WEBSITE.

We built GigBlast to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, GigBlast provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures can be found here:

GigBlast Copyright Policy.