nationalgigguide.com Terms of Use and Notices

(Last Updated: 16th September 2005)

The nationalgigguide.com Web Site is comprised of various Web pages operated by Maxximus or its affiliates (collectively, the "nationalgigguide.com Web Site").

The nationalgigguide.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the nationalgigguide.com Web Site constitutes your agreement to all such terms, conditions, and notices. The nationalgigguide.com Web Site may also contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas) ("Additional Terms").

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the nationalgigguide.com Web Site, then these terms shall control.

MODIFICATION OF THESE TERMS OF USE
The National Gig Guide reserves the right to change the terms, conditions, and notices under which the nationalgigguide.com Web Site is offered, including but not limited to the charges, if any, associated with the use of the nationalgigguide.com Web Site. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the nationalgigguide.com Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the nationalgigguide.com Web Site.

LINKS TO THIRD PARTY SITES
The nationalgigguide.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of The National Gig Guide and The National Gig Guide is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The National Gig Guide is not responsible for web casting or any other form of transmission received from any Linked Site. The National Gig Guide is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The National Gig Guide of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the nationalgigguide.com Web Site, you warrant to The National Gig Guide that you will not use the nationalgigguide.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the nationalgigguide.com Web Site in any manner that could damage, disable, overburden, or impair the nationalgigguide.com Web Site or interfere with any other party's use and enjoyment of the nationalgigguide.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the nationalgigguide.com Web Site.

USE OF COMMUNICATION SERVICES
The nationalgigguide.com You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
v) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
vi) Conduct or forward surveys, contests, pyramid schemes or chain letters.
vi) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
viii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
ix) Restrict or inhibit any other user from using and enjoying the Communication Services.
x) Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
xii) Violate any applicable laws or regulations.

The National Gig Guide reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The National Gig Guide reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The National Gig Guide reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The National Gig Guide's sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The National Gig Guide does not control or endorse the content, messages or information found in any Communication Service and, therefore, The National Gig Guide specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised The National Gig Guide spokespersons, and their views do not necessarily reflect those of The National Gig Guide.

No compensation will be paid with respect to the use of your Submission, as provided herein. The National Gig Guide is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The National Gig Guide's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AVAILABLE ON THE nationalgigguide.com WEB SITE
Software (if any) that is made available to download from the nationalgigguide.com Web Site, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of The National Gig Guide and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, The National Gig Guide hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular nationalgigguide.com web site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by The National Gig Guide and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the UK. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to UK export restrictions.

EMAIL & SMS
The National Gig Guide will periodically contact registered users to send you information about site changes and enhancements. Registered users can change their preferences on receiving periodic emails at any time.

MICROSITES AND MP3s
Any MP3 material submitted to the National Gig Guide, must be original material submitted by the originator. The National Gig Guide makes no claim over the material and will use best efforts to ensure it is streamed and not downloadable. By uploading an MP3 to the National Gig Guide you allow the National Gig Guide to distribute the MP3s sound recording by streaming media via http://www.nationalgigguide.com. If you select that the MP3 be available via podcast you are instructing the National Gig Guide that you would like to make the MP3 available for download, and agree the download may come from an address other that http://www.nationalgigguide.com.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE nationalgigguide.com WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE National Gig Guide AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE nationalgigguide.com WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE nationalgigguide.com WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE National Gig Guide AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE nationalgigguide.com WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE NATIONAL GIG GUIDE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL THE National Gig Guide AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE nationalgigguide.com WEB SITES, WITH THE DELAY OR INABILITY TO USE THE nationalgigguide.com WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE nationalgigguide.com WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE nationalgigguide.com WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE National Gig Guide OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE nationalgigguide.com WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE nationalgigguide.com WEB SITES.

TERMINATION/ACCESS RESTRICTION
The National Gig Guide reserves the right, in its sole discretion, to terminate your access to any or all nationalgigguide.com Web Sites and the related services or any portion thereof at any time, without notice. The National Gig Guide reserves the right, in its sole discretion, to terminate your access to any or all nationalgigguide.com Web Sites and the related services or any portion thereof at any time, without notice.

GENERAL
This agreement is governed by the laws of England. You hereby consent to the non-exclusive jurisdiction and venue of courts in England in all disputes arising out of or relating to the use of the nationalgigguide.com Web Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The National Gig Guide as a result of this agreement or use of the nationalgigguide.com Web Sites. The National Gig Guide's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The National Gig Guide's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the nationalgigguide.com Web Sites or information provided to or gathered by The National Gig Guide with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement together with the The National Gig Guide Privacy Statement constitutes the entire agreement between the user and The National Gig Guide with respect to the nationalgigguide.com Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The National Gig Guide with respect to the nationalgigguide.com Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND IPR NOTICES:
All non Gig Guide System implimented contents of the nationalgigguide.com Web Sites are: Copyright © The National Gig Guide.
All Gig Guide System implimented contents of the nationalgigguide.com Web Sites are: Copyright © Maxximus.
The Gig Guide System IPR Copyright © Maxximus.
Gig Guide System is designed, produced, developed and powered by Maxximus.

FOR INFORMATION REGARDING THE nationalgigguide.com READ OUR PRIVACY STATEMENT.