YesGig Terms of Service
Dated November 25, 2024
Acceptance of Terms
Welcome to YesGig.co (“Site”), a YesGig, LLC Website. These are the terms and conditions
(“User Agreement” or “Agreement”) under which we offer you access to our Site.
BEFORE USING THIS YESGIG.CO SITE, YOU MUST READ AND AGREE TO BE BOUND
BY THIS TERMS OF SERVICE AGREEMENT AS WELL AS THE PRIVACY POLICY AND
SERVICE AGREEEMENT (COLLECTIVELY REFERRED TO AS “YESGIG
AGREEMENTS”) WHICH ARE HEREBY INCORPORATED BY REFERENCE. YOUR USE
OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THE YESGIG AGREEMENTS.
1. Who May Use the YesGig Site
AGE REQUIREMENT: You must be at least 18 years old to use the YesGig Site. IF YOU
ARE UNDER THE AGE OF 18, YOU ARE NOT AUTHORIZED TO USE OUR SITE.
2. General Disclaimers
SITE AS IS: YesGig provides the YesGig Site on an “as is”, “as available”, and “with all
faults” basis. You therefore use the YesGig Site at your own risk. YesGig makes no
representations or warranties of any kind and expressly disclaims any and all warranties of
any kind, whether express or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, title, non-infringement, and any other
warranty that might arise under any law. The information published on this Site could include
technical inaccuracies or typographical errors. YesGig reserves the right to modify the
YesGig Site.
THIRD PARTY CONTENT: YesGig’s Site enables you to search and receive updates for job
postings and work availability made by third parties. A job posting may redirect to an external
third-party website.
We do not own or control the posts listed on the Site. We may review posts at our discretion,
but we are not responsible for screening or censoring third-party job postings or content. We
do not control the hiring process or communications between job seekers and any third-party
employers. YesGig makes no representations or warranties regarding any third-party
content, including job postings or applications. Under Section 230 of the Communications Decency Act (and similar laws), We are a platform service and not the publisher or speaker of any third-party content.
3. Limitation of Liability
LIMITATION: In no event, including but not limited to negligence, willful misconduct, or strict
liability, shall YesGig, its employees, subsidiaries, officers, directors, contractors,
subcontractors, suppliers, agents, affiliates, successors or assigns be liable for lost profits or
any special, incidental or consequential damages arising out of or in connection with our
Site, any other linked website, the services or this Agreement, even if we are expressly
advised of such damages.
EXCLUSIONS: Some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, liability is limited to the fullest extent
permitted by law. In addition, some jurisdictions do not allow the exclusion of implied
warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations may not apply to certain users.
DAMAGES: The term “damages” includes without limitation, attorney fees, lost profits,
business interruption, and loss of programs or other data on your information handling
system. Notwithstanding this Limitation of Liability, our liability, and the liability of our
employees, subsidiaries, officers, directors, contractors, subcontractors, suppliers, agents,
affiliates, successors or assigns, to you or any third parties in any circumstance shall be
limited to the amount of membership fees you pay to us in the 12 (twelve) months prior to the
action giving rise to liability.
4. Privacy
Your privacy rights are set forth in our PRIVACY POLICY [INSERT LINK], which forms a part
of this Agreement.
5. Postings
As between you and YesGig, you own all content that you submit to YesGig, whether directly
via the YesGig Site or indirectly (for example, via Facebook). However, it is important that
you understand that by posting to YesGig, you are granting YesGig and its affiliates a
worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free license and
right to use, copy, transmit, distribute, publicly perform and display, and make derivative
works from your content (including without limitation, your name and likeness, photographs
and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the YesGig Site permission to view your content for their
personal, non-commercial purposes. If you make suggestions to YesGig on improving or
adding new features to the YesGig Site, YesGig shall have the right to use your suggestions
without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the
right to submit the content to YesGig and grant the licenses set forth above; (ii) YesGig will
not need to obtain licenses from any third party or pay royalties to any third party; (iii) the
content does not infringe any third party’s rights, including intellectual property rights and
privacy rights; and (iv) the content is true and accurate; and (v) the content complies with this
Agreement and all applicable laws.
6. Code of Conduct; Content Restrictions; and Prohibited
Activities
Code of Conduct. In using the YesGig Site, you must behave in a civil and respectful
manner always. YesGig reserves the right, in its sole discretion, to investigate and take
appropriate legal action against anyone who violates our Terms. Your use of the Site must
comply with all applicable laws and regulations.
Content Restrictions. You may not upload, post, or transmit (collectively, “submit”) any
video, image, text, audio recording, or other work (collectively, “content”) that infringes any
third party’s copyrights or other rights; contains sexually explicit content or pornography;
contains hateful, defamatory, or discriminatory content; harasses or intimidates another;
exploits minors; depicts unlawful acts or violence; contains video, audio photographs, or
images of another person without his/her permission; contains viruses, time bombs, trojan
horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
contains deceptive or false information; contains “spam”.
Prohibited Activities. In addition, it is strictly prohibited to “frame” or “mirror” any part of the
Site; use meta tags or code or other devices containing any reference to YesGig, the Site or
the Service (or any trademark, trade name, service mark, logo or slogan of ours) to direct
any person to any other website for any purpose; modify, adapt, sublicense, translate, sell,
reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or
any software or materials used on or for the Service or the Site, or cause others to do so;
post, use, transmit or distribute, directly or indirectly, in any manner or media any content or
information obtained from the Site other than solely in connection with your use of the Site in
accordance with this Agreement; collect information about others; advertise or solicit others
to purchase any product or service within the Site; promote fraudulent schemes; Publicize or
promote commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes; and/or participate in any
activity that in any way violates any law.
Our Right to Monitor and Remove Content. YesGig has the right, but not the obligation, to
monitor all conduct on and content submitted to the YesGig Site. YesGig reserves the right
to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion
and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
YesGig reserves the right, in its sole discretion, to investigate and take appropriate legal
action against anyone who violates our Terms, including removing the offending
communication from the Site and terminating or suspending the account of such violators.
You agree that YesGig may access, preserve and disclose your information and content if
required to do so by law or in a good faith belief that such access, preservation or disclosure
is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this
Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv)
respond to your requests for customer service or allow you to use the Site in the future; or (v)
protect the rights, property or personal safety of our Company or any other person.
7. Copyright Infringement/DMCA Policy
YesGig respects the intellectual property of others, and we ask our users to do the same.
YesGig will promptly remove materials from the YesGig Site in accordance with the Digital
Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third
party’s copyright. YesGig will respond as quickly as practical to claims that infringing material
appears on the Site. If you believe that your work has been copied in a way that constitutes
copyright infringement or your intellectual property rights have otherwise been violated,
please contact our Copyright Agent as follows:
Email: Legal at YesGig dot co
YesGig Attn.: Legal
PO Box 205
Rico, CO 81332
7. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the YesGig Site and continues as
long as you have an account with us or access the Site.
CONTENT DELETION: You may delete your posts and other content at any time. We
reserve the right, but are under no obligation to, to delete any content that remains inactive
for a continuous period of at least one (1) month, or immediately when the post expires, is
withdrawn or otherwise ceases.
TERMINATION FOR BREACH: YesGig may suspend, disable, or delete your account (or
any part thereof) or block or remove any content you submitted if YesGig determines that
you have violated any provision of this Agreement or any of the YesGig Agreements or that
your conduct or content would tend to damage YesGig’s reputation or goodwill. YesGig may
block your email address and Internet protocol address to prevent further registration.
YesGig is not required to disclose, and may be prohibited by law from disclosing, the reason
for the termination or suspension of your account.
You may terminate this Agreement at any time. If YesGig suspects a user of violating this
Agreement or any YesGig Agreements or believes that your conduct or content would tend
to damage YesGig’s reputation or goodwill, it reserves the right, at its sole discretion, to
suspend, terminate or modify the user’s access to this Site without notice or refund. If
YesGig solely determines that a violation has occurred by a user (such as, but not limited to
fraud or abuse of the Site, YesGig may be entitled to damages pursuant to the Services
Agreement. Upon termination of this Agreement or any YesGig Agreement by either you or
YesGig you must promptly destroy all passwords and other data downloaded or otherwise
obtained from this Site, as well as all copies thereof. Upon termination, for any reason, all
terms of the YesGig Agreements survive termination, and continue in full force and effect,
except for any terms that by their nature expire or are fully satisfied.
9. Indemnification
You agree to indemnify, defend, and hold harmless YesGig and its affiliates, directors,
officers, employees, and agents, from and against any liability, claims, damages, losses and
costs (including reasonable attorney’s fees) that: (i) arise from your activities on the YesGig
Site; or (ii) assert a violation by you of any term of this Agreement. YesGig reserves the right
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with YesGig in connection
therewith.
10. License to Use the YesGig Site
LICENSE: Pursuant to Section 6, YesGig grants you a limited, non-exclusive license to
access and use the YesGig Site for your own personal, non-commercial purposes. This
includes the right to post and view content available on the YesGig Site. This license is
personal to you and may not be assigned or sublicensed to anyone else. All rights not
expressly granted by YesGig are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES: These
Terms of Use, and all of the provisions herein, also govern the use of our mobile, desktop
and set-top devices and related applications.
Your use of the YesGig Site through any applications or device constitutes your agreement
to be bound by these Terms.
Any YesGig application, regardless of the manner and means in which it is downloaded is
licensed, not sold, to You for use only under these Terms. YesGig reserves all rights not
expressly granted to You.
11. Intellectual Property
YesGig owns and retains all proprietary rights in the Site, and in all content, trademarks,
trade names, service marks and other intellectual property rights related thereto. You agree
to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in
any way any copyrighted material, trademarks, trade names, service marks, or other
intellectual property or proprietary information accessible on the Site or through the service,
without first obtaining the prior written consent of YesGig or, if such property is not owned by
YesGig, the owner of such intellectual property or proprietary rights. You agree to not
remove, obscure or otherwise alter any proprietary notices appearing on any content,
including copyright, trademark and other intellectual property notices.
12. Third Party Links and Content
YesGig’s Site may contain third party links whereby when you click the link you will leave the
YesGig Site in order to access a linked site (the "Linked Sites"). YesGig does not control
Linked Sites, nor has YesGig reviewed or approved the content which appears on the Linked
Sites. YesGig is not responsible for the legality, accuracy or nature of any content,
advertising, or other materials on or available from any Linked Sites, or the conduct of such
Linked Sites. You acknowledge and agree that YesGig shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of any of the Linked Sites, content, goods or services available on or
through the Linked Sites.
13. General Provisions
DISPUTE RESOLUTION, ARBITRATION AND GOVERNING LAW:
You acknowledge that it is in both our respective best interests to resolve disputes arising
out of the relationship created by this Agreement through mutual agreement without the
assistance of the judicial process whenever reasonably possible. The parties agree that as a
condition precedent to the institution of any litigation of issues between the parties arising out
of this Agreement, the following efforts will be undertaken: disputes which are not promptly
resolved shall be submitted to mediation, the costs of the Mediator shared equally between
the parties In the event the dispute is not resolved through mediation, then the parties shall
proceed with arbitration in Telluride, Colorado, or other such location as mutually agreed
upon by the parties, pursuant to the rules then applying of the American Arbitration
Association and the laws of the state of Colorado. If arbitration is elected, there shall be a
single arbitrator jointly selected by the parties to any such dispute. The arbitrator shall have
the right and authority to assess the cost of the arbitration proceedings and to determine how
the arbitrator’s decision or determination as to each issue or matter in dispute may be
implemented or enforced. The decision or award in writing of the arbitrator shall be binding
and conclusive on the parties to this Agreement. There shall be no appeal therefrom other
than for bias, fraud or misconduct; judgment upon such decision or award may be entered in
any competent federal or state court located in the United States of America; and application may be made to such court for confirmation of such decision or award, for an order of enforcement and for any other legal remedies that may be necessary to effectuate such
decision or award.
CLASS ACTION WAIVER: THIS AGREEMENT LIMITS YOUR RIGHTS TO BRING CLAIMS
IN COURT OR AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU
AGREE THAT ALL CLAIMS MUST BE BROUGHT IN ARBITRATION ON AN INDIVIDUAL
BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS MEMBER OR
REPRESENTATIVE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE
ARBITRATOR MAY NOT JOIN OR CONSOLIDATE CLAIMS FROM MULTIPLE PARTIES,
MAY NOT PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED
ACTION, AND MAY NOT AWARD RELIEF BEYOND WHAT'S NECESSARY FOR THE
INDIVIDUAL CLAIM. THIS WAIVER OF CLASS ACTION RIGHTS IS A CRUCIAL PART OF
THIS AGREEMENT. IF THIS WAIVER IS FOUND TO BE LIMITED OR VOID, THE ENTIRE
ARBITRATION AGREEMENT BECOMES NULL AND VOID, SUBJECT TO APPEAL. YOU
ACKNOWLEDGE THAT WITHOUT THESE TERMS, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT WITH A JURY. BY AGREEING TO THESE TERMS, YOU ARE
KNOWINGLY WAIVING THESE RIGHTS IN FAVOR OF INDIVIDUAL ARBITRATION.
This dispute resolution provision applies equally to all parties and shall not be interpreted to
the disadvantage of the party who drafted it. If any part of this provision is found to be
unenforceable, that specific part shall be severed from the agreement. The remaining
portions of this Agreement will continue to be valid and enforceable to the fullest extent
permitted by law.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: If any term of this Agreement
is found invalid or unenforceable by any court of competent jurisdiction, that term will be
severed from this Agreement. No failure or delay by YesGig in exercising any right
hereunder will waive any further exercise of that right. YesGig’s rights and remedies
hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is
binding upon and shall inure to the benefit of both parties and their respective successors,
heirs, executors, administrators, personal representatives, and permitted assigns. You may
not assign this Agreement without YesGig’s prior written consent. No third party shall have
any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements,
disclosures, or other information from YesGig electronically. YesGig may provide all such
communications by email or by posting them on the YesGig Service. For support-related
inquiries, you may send an email to Legal at YesGig.co or the following address:
YesGig, LLC
PO Box 205
Rico, CO 81332
MODIFICATION: YesGig reserves the right to revise the YesGig Agreements without notice
and by using this site subsequent to the revisions; you agree to be bound by such changes.
If you find any provision in any of the YesGig Agreements unacceptable, you must
immediately terminate your use of this Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
1. PRIVACY POLICY [INSERT LINK]
This Terms of Use and the YesGig Agreements constitute the entire understanding between
YesGig and you concerning the subject matter hereof and supersedes all prior agreements