User Terms of Service Agreement
Gather User Terms of Service
1. ACCEPTANCE OF TERMS
This agreement (the "Agreement") between Gather.com (hereinafter "Gather", "We" or "Us") and you, sets forth the terms and conditions which govern your use of Gather.com.
Gather owns and operates the site gather.com to provide its service to you, subject to the following User Terms of Service ("TOS") and the Gather Community Guidelines ("Guidelines"), both of which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.gather.com/userTerms.jsp and the most current version of the Guidelines at any time at: http://www.gather.com/guidelines.jsp. In addition, when using particular Gather services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
2. DESCRIPTION OF SERVICE
Gather provides access to a rich collection of resources at Gather.com, including an online community of connected people who create content, read, view, listen to, edit, rate and share content with networks of other Gather users, through a network of properties which may be accessed via the Internet (the "Service"). As a user of the Service, you understand and agree that the Service may also include advertisements that are necessary for Us to provide the Service, and the Service may include certain communications from Us, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Gather properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that We assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. Gather is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 13 years of age to access and view the Service. In addition, please be aware that We have created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Gather, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Gather does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Gather be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that Gather may or may not pre-screen Content, but that Gather and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Gather and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Gather or submitted to Gather, including without limitation information in Gather Groups (see the definition in Section 7 below), and in all other parts of the Service.
You acknowledge, consent and agree that Gather may access, preserve, and disclose your account 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 to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Gather, its users and the public.
Gather also restricts the posting of overtly commercial content on or via the Services. Overtly commercial content is content the primary purpose of which is to sell a product or services or induces Members to enroll in a promotional or money-making enterprise that may or may not be legitimate in nature. Gather reserves the right to review and remove any overtly commercial content, at its sole discretion. Articles must provide legitimate informational and/or entertainment value for the community. For those seeking to promote legitimate commercial offers to the Gather community, please contact our ad sales department ads.gather.com.
Gather often allows Content to be posted that contains a link to free goods or services. We typically allow those to remain on the site within "Freebie" groups if this Content is not self-promoting. Gather always reserves the right, at its sole discretion, to remove all types of Content from the Service.
5. APPROPRIATE CONDUCT AND MEMBER DISPUTES
Please read the following section carefully, as it governs your conduct while using the Service, and by using the Service, you agree to be bound by these terms. Gather also strongly recommends that you review the Guidelines, which you can access at any time at http://www.gather.com/guidelines.jsp, for further clarification on what Gather considers to be appropriate conduct on the Service.
a. Appropriate Conduct. You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the Service, you will not:
While Gather prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
b. Member Disputes. You are solely responsible for your interactions with other Gather users. As a Member (as defined in Section 6), you are expected to tolerate viewpoints and perspectives with which you may not agree. Gather is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. Gather reserves the right but has no obligation, to monitor disputes between you and other Members, and to take any action, in Gather's sole discretion, that may be appropriate under the circumstances. Such actions may include, but are not limited to the suspension or termination of memberships and the removal of inappropriate content.
c. Reporting Objectionable Behavior or Content. If you encounter Content or behavior that you think violates the TOS or Guidelines, you can report the incident to Gather by clicking on the "Report" link following the comment box. You can also Contact Gather Member Support. Please state the reasons for your concern and provide a link to the Content or behavior in question.
If the Content or behavior is determined to be inappropriate, then it is removed from the Service and the author is notified. All such determinations may be made at Gather's sole discretion. Gather may allow the author to modify the Content or change the behavior so that it is compliant with the TOS and Guidelines, and, assuming that it is, it may be subsequently released on the Service. Gather reserves the right to terminate a Member's (as defined in Section 6) account at any time we determine that to be an appropriate response to the Content or behavior in question.
6. REGISTRATION AND MEMBERSHIP
In order to use certain aspects of the Service, you are required to register and establish an online account with Gather. We refer to registered users as members ("Members") and subject Members to the following specific terms:
a. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gather has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gather has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
b. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Gather of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Gather cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. You agree that your Gather Member account is non-transferable and any rights to your Gather password, username or account information or Content within your Member account terminate upon your death. Upon receipt of a copy of a death certificate, your Member account may be terminated and all Content therein permanently deleted.
c. Gather does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to such Content (including but not limited to articles, comments, photos, graphics, audio, or video you submit or make available), you grant Gather a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other Gather property. Gather reserves the right to syndicate the Content submitted, posted, and/or displayed by you and to use that Content in connection with other services offered by Gather. You also agree that, if you post Content containing adult or sexually explicit material that is not suitable for minors, you will mark the Content as such. If your posted Content contains material that is adult or sexually explicit and you do not mark it appropriately, Gather shall have the right to cancel your membership.
d. Gather Points. Users may be eligible to receive Gather Points directly from Gather for use of the Service over time and/or from certain advertisers. Gather Points may be redeemed by registered users ("Members") to purchase products and services from Gather or from other participating merchants. Gather Points are subject to the Gather Redemption & Compensation Policy located at http://www.gather.com/compensation.jsp. Gather reserves the right, at its sole discretion, to delete points from a user's account if Gather determines that any Gather Points have been awarded inappropriately or if a user violates this TOS or any other Gather policy or agreement. In the event that you don't log in to the Services for a period of six (6) months, your Gather Points shall automatically expire. Users should be aware that Gather may issue Form 1099s to users who receive Gather Points that equate to greater than six hundred dollars ($600) in value. You should consult a tax expert for any tax related questions regarding your membership or Gather Points and Gather hereby, specifically, declines to offer any tax advice.
e. You agree that Gather may, under certain circumstances and without prior notice, immediately terminate your Gather account, any associated email address, any associated username, and/or access to the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOS or other incorporated agreements, guidelines, policies or rules, (ii) requests by law enforcement or other government agencies, (iii) unexpected technical or security issues or problems, (iv) extended periods of inactivity, (v) your engagement in fraudulent or illegal activities, and/or (vi) nonpayment of any fees owed by you in connection with the Service. Termination of your Gather account includes (a) removal of access to all offerings within the Service, including but not limited to the Gather Groups, (b) deletion of your password, username and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Gather's sole discretion and that Gather shall not be liable to you or any third-party for any termination of your account, any associated email address, username or access to the Service.
f. If you are under age 18, you may only make purchases via the Service with the involvement of a parent or guardian. Gather and its affiliates reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.
7. GATHER GROUPS
a. Group Leader's Rights and Responsibilities. Gather Group leaders ("Group Leaders") have additional capabilities and responsibilities in regard to the participants and Content of a Gather Group. The Group Leader decides whether a Gather Group is restricted to certain Members or accessible to the public generally, and the Group Leader may change the access to the Gather Group at any time. In restricted Gather Groups, the Group Leader decides who may be a participant of the Gather Group and can access and change the participant list in his or her sole discretion. A Group Leader may, at any time, transfer his or her ownership of a Gather Group to another Member. In regard to Content, a Group Leader shall be responsible for the maintenance and monitoring of the Content in the Gather Group, including deleting any Gather Group and its Content and/or archived Content at any time and in his or her sole discretion.
b. Group Leaders Must Mark Mature, Adult Themed Content. If you create a Gather Group containing mature, adult, or sexually explicit Content that is not suitable for minors, you agree to mark the Gather Group as such. If your Gather Group contains Content that is mature, adult, or sexually explicit and you do not mark the Gather Group appropriately, Gather shall have the right to delete your Gather Group, including all messages posted to that Gather Group.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Gather, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Gather username) or Content you do not own, use of the Service or Content you do not own, or access to the Service or Content you do not own, without the express written consent of Gather.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Gather may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Gather's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Gather has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Gather reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time. You further acknowledge that Gather reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Gather reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gather shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of third parties, such as advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that Gather shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Gather has no control over such sites and resources, you acknowledge and agree that Gather is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Gather 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 use of or reliance on any such content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links.
15. GATHER'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Gather and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Gather or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Gather grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Gather for use in accessing the Service.
Gather, Gather, gather.com, and the Gather logo are trademarks and service marks of Gather and other Gather and Gather logos and product and service names are trademarks and service marks of Gather (collectively, the "Gather Marks"). Without Gather's prior permission, you agree not to display or use in any manner, the Gather Marks.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOODS PROCURED VIA THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GATHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. GATHER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GATHER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GATHER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GATHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISERS OR MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to receive or request any news, messages, or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Gather and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Gather may provide you with notices by email, regular mail, or postings on the Service.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Gather respects the intellectual property of others, and we ask our users to do the same. Gather may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please Contact Gather Member Support with the following information:
22. GENERAL INFORMATION
Independent Contractors. Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Choice of Law and Forum. The TOS and the relationship between you and Gather shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Gather agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
Waiver and Severability of Terms. The failure of Gather to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations. Please report any violations of the TOS to Us by Contacting Gather Member Support.
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