Terms of Service

Effective Date: June 27th, 2014
Gather Terms of Service
This is a contract (“Terms”) between you and ChatX Corporation ("Company", “ChatX”, “we" or “us”), applicable when you use our sites, services, mobile applications, products, and content provided by Gather, globally, in existence now or in the future (“Gather Services”).
General Information

Gather's Privacy Policy can be found here. This policy sets out our privacy practices and explains how we handle the information we collect when you use our mobile application and sites provided by the Company, in existence now or in the future (“Gather Services”). Please read it carefully.

Gather may periodically update this policy. We will notify you about significant changes by sending a notice to the primary email address or sending notification to gather mobile application. The most current version of the policy will always be here and we will archive former versions of the policy here.

These terms are a binding agreement

Please read this agreement carefully before you use Gather. For one thing, we want your feedback and suggestions on how to make our service better. (We’d really like to hear from you: email your input to terms@gather.to.) For another, by using Gather Services, you agree to be bound by everything in these Terms. If you don’t agree to the Terms, please don’t use Gather.

We may modify these Terms at any time

We can change these Terms at any time. If the changes are material, we’ll let you know by email or posting a notice on the site before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users. If you don’t agree to the new terms, please delete your account within the Notice Period. If you do not delete your account within the Notice Period, your content and use of the site will be subject to the new terms going forward. You can access historical versions of our Terms of Service here.

We may modify our Services at any time

We do our best to provide you a reliable and evolving service, but we may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

PLEASE READ THIS CAREFULLY

1. YOU USE THE GATHER SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

2. The Company makes no representations or warranties of any kind with respect to gather services. For example, we do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, absolutely secure, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (iv) any errors in the Gather services will be corrected.

3. You understand and expressly agree that the Company shall not be liable 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 the Company 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 on the service; (v) or any other matter relating to the Gather services.

4. The failure of the Company to exercise or enforce any right or provision of these terms shall not constitute a waiver of that right or provision. The terms and our privacy policy constitute the entire agreement between you and the Company and govern your use of the Gather services, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the terms). You agree that these terms and your use of the Gather services are governed under California law. Before resorting to the courts, we strongly encourage you to contact us directly to try to work it out.

5. Content Posted by You in the Service

a) You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.

b) You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.

c) By posting Content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, a non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.

d) In addition to the types of Content described in Section 5(a) above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
- that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; advocates harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud, other users of the Service;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
- publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators

e) Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company 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 Treasonably 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 Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

f) You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Gather users).

6. Prohibited Activities.

The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any users.
- post any Content that is prohibited by Section 5.
- “stalk” or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
- use the Service in an illegal manner or to commit an illegal act;
- access the Service in a jurisdiction in which it is illegal or unauthorized;
- ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
- interfere with or disrupt the Service or the servers or networks connected to the Service.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
- “frame” or “mirror” any part of the Service, without the Company's prior written authorization.
- use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) 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 Service any software used on or for the Service, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

Privacy

When you use Gather Services, you consent to the collection and use of information as detailed in our Privacy Policy. If you’re outside the United States, you consent to the transfer, storage, and processing of your information—including but not limited to the content you posted or transferred to the site and any personal information—to and within the United States and other countries.

Children

Gather Services are intended for general audiences and are not directed to children under 13. We don’t knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us here. If we learn that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

Questions

We welcome questions, concerns, and feedback about this terms of service. If you have any suggestions, please contact us at terms@gather.to