These Terms of Service ("Terms") govern your access to and use of the Gather app ("Application"), provided by Gather Platforms Inc. ("we", "us", or "our"). By downloading, installing, or using the Application, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Application.
1. Acceptance of Terms
By accessing or using the Application, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Application.
2. Eligibility
The Application is intended for users who are at least 13 years old. By using the Application, you represent and warrant that you are at least 13 years of age.
3. Account Registration
Registration:
To access certain features of the Application, you must create an account by providing accurate and complete information, including your name, phone number, age, interests, and personal preferences.
Account Security:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Accuracy of Information:
You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Application's registration processes.
4. User Conduct
You agree to use the Application in compliance with all applicable laws and regulations. You shall not:
Prohibited Activities:
- Post, upload, or distribute any content that is unlawful, defamatory, obscene, harassing, threatening, invasive of privacy, or otherwise objectionable.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
- Engage in any form of harassment, intimidation, or discriminatory behavior.
- Upload or transmit viruses, malware, or any other malicious code.
- Attempt to gain unauthorized access to any part of the Application or its related systems or networks.
- Use the Application for any commercial purposes without our prior written consent.
- Collect or harvest any information about other users without their consent.
- Engage in spamming, phishing, or other fraudulent activities.
Consequences of Violations:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content, suspending or terminating the account, and reporting such activities to law enforcement authorities.
5. User-Generated Content
Ownership:
You retain all rights and ownership of the content you post, upload, or otherwise make available through the Application ("User Content").
License to Us:
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform the User Content in connection with the operation and promotion of the Application.
Representations and Warranties:
You represent and warrant that:
- You own or have the necessary rights to your User Content.
- Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of privacy or publicity, or any applicable laws or regulations.
Content Removal:
We reserve the right, but are not obligated, to monitor and remove any User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable.
6. Intellectual Property Rights
Our Content:
The Application and its original content, features, functionality, and design elements are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Restrictions:
You agree not to:
- 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 Application.
- Use any meta tags or other hidden text utilizing our name or trademarks without our express written consent.
Feedback:
Any feedback, comments, or suggestions you may provide regarding the Application is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
7. Third-Party Services and Links
Third-Party Services:
The Application may integrate with third-party services or APIs to provide certain functionalities. Your use of such services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of these third-party services.
Links to Third-Party Websites:
The Application may contain links to third-party websites or resources. We do not endorse and are not responsible for the availability, accuracy, or content of such external sites or resources. Your use of third-party websites is at your own risk.
8. Payments and Subscriptions
Paid Features:
Certain features of the Application may require payment of fees. You agree to pay all applicable fees in connection with such features.
Billing:
- Payments are processed through the platform's billing system (e.g., Apple App Store, Google Play Store).
- All payment terms, including billing cycles, automatic renewals, and cancellation policies, are governed by the respective platform's terms and conditions.
Subscriptions:
- Subscriptions will automatically renew at the end of each subscription period unless you cancel at least 24 hours before the end of the current period.
- You can manage and cancel your subscriptions through your account settings on the respective platform.
No Refunds:
All fees and charges are non-refundable, including payments made for subscription periods that are unused or partially used.
9. Termination
By Us:
- We may suspend or terminate your access to the Application, at our sole discretion, for any reason, including but not limited to your breach of these Terms.
- We may also remove any of your User Content from the Application at any time, with or without notice to you.
By You:
You may terminate your account at any time by following the instructions within the Application or by contacting us at support@gather-ing.com.
Effect of Termination:
- Upon termination, your right to use the Application will immediately cease.
- All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Disclaimer of Warranties
General Disclaimer:
The Application is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.
No Warranty of Accuracy:
We do not warrant that the information provided through the Application is accurate, reliable, complete, or current.
No Warranty of Availability:
We do not warrant that the Application will be available at any particular time or location, uninterrupted, secure, or free of errors, defects, viruses, or other harmful components.
No Warranty of Fitness:
We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
Exclusion of Damages:
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses arising out of or relating to your use or inability to use the Application.
Limitation of Liability:
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the Application during the twelve (12) months preceding the date the claim arose.
Jurisdictional Limitations:
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions and limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Gather Platforms Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to:
- Your use of the Application.
- Your violation of these Terms.
- Your violation of any rights of another person or entity.
- Your User Content.
13. Governing Law and Dispute Resolution
Governing Law:
These Terms and any disputes arising out of or related to them or the Application will be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
Dispute Resolution:
Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved by binding arbitration administered by a mutually agreed-upon arbitration organization in accordance with its rules and procedures.
Location: The arbitration will take place in the State of Delaware, or another location mutually agreeable to the parties.
Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms.
Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
Waiver of Jury Trial: You and Gather Platforms Inc. waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury.
Waiver of Class Action: All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis.
14. Modifications to the Terms
Right to Modify:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
Notification of Changes:
- We will notify you of any changes by updating the "Last Updated" date at the top of these Terms.
- In the event of material changes, we may provide additional notice, such as an email notification or in-app alert.
Acceptance of Changes:
Your continued use of the Application after any such changes constitutes your acceptance of the new Terms.
15. Privacy Policy
Our Privacy Policy, available within the Application and on our website, describes how we collect, use, and disclose information about you. By using the Application, you consent to our collection and use of your data as outlined in the Privacy Policy.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Application and supersede all prior agreements and understandings.
18. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
19. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at our sole discretion without restriction.
20. Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
21. Export Controls
You agree to comply fully with all applicable export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
22. Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@gather-ing.com
By using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Note to Users
We value your experience and aim to provide a safe and enjoyable environment within the Application. Please use the Application responsibly and contact us if you have any concerns.
Final Remarks
These Terms of Service are designed to protect both you and us. We encourage you to read them carefully. If you do not agree with any part of these Terms, please do not use the Application.