Acceptance of Terms
Limited License and Website Access; All Rights Reserved
Gather hereby grants you a limited, non-exclusive, revocable, non-transferrable, non-sublicenseable license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gather. This license does not include any resale or commercial use of this Website or the Content; any collection and use of any pages; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Gather. Commercial use of the Website must be specifically permitted in a separate written or electronic agreement between you and Gather. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gather without Gather’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Gather’s or any third party’s name(s) or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, features and services offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Gather.
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Gather, its users or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Gather and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Gather or any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by Gather. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. Gather does not warrant or represent that your use of Content or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at email@example.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks, including “Gather”, are the service marks or trademarks of Gather or one of its affiliates. The domain name for this Website, all page headers, graphics, and icons are service marks, trademarks, logos, and/or trade dress of Gather. All other trademarks, service marks, trade dress, names of products and services, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of their owners.
Ownership of information submitted via this Website
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication services required to access and use this Website, and Gather reserves the right to change the access configuration of this Website at any time without prior notice.
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Gather to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Gather, or (vii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Gather representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
- Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by by-passing the Website’s home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.gatherhere.com, in accordance with the Limited License and Site Access outlined above;
- Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website; or
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website
Right to Monitor
No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by users or third party content providers, Gather has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Website are those of such users or third party suppliers. Gather does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Gather.
Third Party Payment Processors
The Website does not directly accept or process payments. Instead, the Website may provide an interface to or content from third-party payment processors, such as Stripe or Braintree, and may allow payments through these third-party payment processors. These third-party payment processors collect, process and store payment information at the direction of the user and provide only credits and notifications to us. You are responsible for complying with any terms and conditions set by our third party payment processors and we expressly disclaim all liability for your use of such third party payment processors.
Links to Third Party Websites
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Website that will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Gather of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Gather will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gather or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Applicability of Other Terms
In addition to this Agreement, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features or Content. If applicable, these Other Terms will be set forth or incorporated by reference into (i) a written or electronic agreement between you and Gather, (ii) on the portion of the Website where you are permitted to access such available features and Content, or (ii) in a link adjacent to where you are permitted to access such available features and Content. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement directly conflicts with the Other Terms, the Other Terms shall control with respect to the specifically conflicting subject matter.
Reservation of Rights
Gather reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Website, (iii) to remove any Content from the Website, (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website or any subscription to the Website, in whole or in part, including, but not limited to, as Gather deems necessary for purposes of maintenance, upgrades and the like, to maintain the Website or to comply with applicable law. Gather shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website or subscriptions to the Website and shall have no obligation to refund any fees paid pursuant to this Agreement.
Content and other information contained on this Website has been prepared by Gather as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Gather has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by Gather. Users relying on Content or other information from this Website do so at their own risk.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND GATHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. GATHER MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT GATHER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF GATHER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Governing Law; Jurisdiction; Venue; Severability of Provisions
Applicability of the Uniform Commercial Code
No Agency Relationship
We will attempt to respond to your questions or concerns promptly after we receive them.