The Gathr Companies, Inc. (“we”, “us”, or “Gathr”) provides a marketplace (the “Event Marketplace”), located at gathr.com (the “site”) and any related websites offered from time to time by Gathr, where Talent, Hosts, Attendees and Venues can book, host, promote, sell tickets for, exhibit and attend events ("Events"). The site, the Event Marketplace and any other features, tools, materials, or other services (including co-branded or affiliated services) offered by Gathr through the site from time to time are referred to here as the “Services.” The term “Services” refers only to those features, tools, materials and services provided by Gathr, and does not include services offered by Users of the Event Marketplace, such as the actual performance by any Talent that is exhibited using Gathr’s Services, the physical space offered by a Venue or the merchandise sold in connection with the Event.
A word about terminology and roles:
Everybody who comes to our site or otherwise uses our Services is a “User”.
Everybody who signs up for an account at our site is a “Registered User”.
A single Registered User can have multiple roles and can set up multiple profiles in their account on our site.
Users can buy or reserve tickets to a live event offered through our Services (an “Event”) and attend that Event as an audience member. In that capacity we call you an “Attendee.”
An Attendee may or may not be a Registered User, and may or may not have set up a profile on our site.
When you organize an Event, you do so as a “Host” and you use your Host profile to set up and manage the Event.
When you perform at an Event, you do so as “Talent,” using your Talent profile.
When you offer physical space for an in-person Event, you do so as a “Venue.”
ACCEPTANCE OF TERMS
By using, accessing, or making purchases on or through our Services, you agree to be bound by these Terms, including the additional terms and conditions and policies referenced in these Terms or hyperlinked from these Terms. These Terms apply to all users of the Services, including without limitation users who are site visitors or account holders. If you do not agree to all the terms and conditions of these Terms, then you may not access the Services.
ELIGIBILITY TO USE THE SERVICES
To use the Services you must be, and represent and warrant that you are, at least 16 years of age and competent to agree to these Terms. If you are under the age of 16, you may only use the Services under the supervision of a parent or legal guardian who manages your use and/or account. (More information about account registration can be found in the next section.)
If Gathr has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Gathr all permissions and licenses provided in these Terms, and the term “you” includes that company or other entity.
You may be required to create an account to use some of the features of the Services. You should use a unique password. You must keep your password confidential. You are solely responsible for maintaining the confidentiality and security of your account. You agree you will be liable for all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity. You agree that you will update such information as necessary to keep it accurate. In the event of any unauthorized use of your account, you agree to notify us immediately as set forth in the Contact Information section below and you agree to change your password. You may not transfer your account to anyone else without our prior written permission. If we believe your account is held on behalf of a company or other entity, you authorize us to share or transfer access to that account and its contents with or to that company or other entity where we believe that such sharing or transfer is appropriate.
Accounts for Users 16 and Older. Users who are at least 16 years old may register for an account directly. By registering, you represent and warrant that: (A) you are at least 16 years old (and, if under 18 years old, are registering with the supervision and consent of your parent or legal guardian, who also agrees to these Terms on your behalf); (B) you are of legal age to form a binding contract; (C) you are (and if you are under 18 years old, your parent or legal guardian is) not barred from using our Services under any applicable law; and (D) you are (and if you are under 18 years old, your parent or legal guardian also is) responsible for complying with all applicable legal requirements relating to your participation in the Event Marketplace and will fully indemnify the Gathr Indemnified Parties (as defined below) for any failure to so comply.
Accounts for Users Under 16. Users who are under 16 years old may register for an account only through a parent or legal guardian who, by registering, represents and warrants that: (A) they are the parent or legal guardian of the User and agrees to these Terms; (B) neither the parent or legal guardian nor the User is barred from using our Services under any applicable law; and (C) they are responsible for complying with all applicable laws and regulations relating to User’s participation in the Event Marketplace and will fully indemnify the Gathr Indemnified Parties for any failure to so comply.
If you complete a sale or purchase on the Event Marketplace, you are responsible for taxes, if any, which may be due with respect to your transactions, including sales or use taxes, and for compliance with applicable tax laws. Proceeds from sales you make on the Event Marketplace (such as booking fees you may earn as Talent or Venue, or proceeds from ticket sales you may earn as a Talent or Host) may be considered income to you for income tax purposes. Gathr does not withhold taxes. You should consult with a tax specialist to determine your tax liability in connection with your activities on the Event Marketplace. You agree that Gathr will not be liable to you or any third party for failure to collect or pay taxes in connection with the Services.
SPECIAL RULES FOR EVENT ATTENDEES
General. On the Event Marketplace, Hosts can sell tickets to Events, at a price determined by the Host (including, if the Host wishes, at no charge to Attendees). All such active listings will be visible to all Users on the Event Marketplace. Certain details of the Event will be specified, including the date and time, approximate length, ticket price (if any), and location or Platform for the Event.
Payment. You may purchase a ticket for an Event by using a third-party payment provider we select (such as Stripe and/or others) as set forth in the Terms.
Transaction Fee; Other Fees. Gathr will charge a transaction fee for each sale made on the Event Marketplace. The transaction fee amount will either be posted on the Event Marketplace and disclosed to Users prior to each transaction or, at the Host’s choice, incorporated into the ticket price. Gathr reserves the right to change the transaction fee from time to time. Your payment card will be charged at the time of purchase.
Gathr does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Ticket Refunds. You may not cancel, reschedule, substitute, return, or exchange tickets for an Event after purchasing them. If an Event does not take place, you may request a refund from the Host of the Event within 48 hours of the Event End Time, by using the refund tool on the Host’s dashboard. Hosts are able to set their own refund policies, but all such policies must be in compliance with Gathr’s Host Refund Policy Requirements. Hosts may change their refund policies up until the time that the first ticket for the Event is purchased. After that time, the refund policy may change in the event the Talent, Venue or date changes. For additional details, please see Host Refund Policy Requirements.
Attending the Event. You will use the Platform designated on the Event Marketplace for the Event and will comply with any applicable terms and privacy policies. Some Platforms may require that you create your own account on the Platform. Prior to purchasing a ticket to the Event, and again shortly prior to the Event, you will familiarize yourself with how to use the Platform and confirm that your computer or other device is compatible with it. You will use any Event URL, login or other information provided by Gathr only to participate in the Event. You may end your participation in the Event at any time. Gathr or the Host may end the Event at any time.
Recording Events. You may not record, publish, reproduce, distribute, display, post, or share any portion of the Event. You acknowledge and agree that Gathr may record the Event, and Gathr may, in our sole discretion, permit a Host, Talent, Venue or other third party to record the Event.
Attendee Submissions. The fact that you attend any Event, and any submission or content you submit or make available in connection with the Event (including any chat, comment, audio, image, video, or other communication, such as the stream from your webcam if it is on during a streamed event) (collectively with the fact that you attend an Event, "Attendee Submission") is a Submission under these Terms. Attendee Submissions will not be private, and you should not share or disclose any personal, private, or sensitive information relating to you or a third party. Each Attendee Submission may not violate, infringe, or misappropriate the intellectual property, privacy, publicity, or other legal rights of any third party. You grant to Gathr the exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), irrevocable license to use, publish, reproduce, record, modify, edit, and display your name, image, voice, appearance, performance, likeness, and Attendee Submission in connection with the Event, including in advertising, marketing, promoting, republishing, rebroadcasting, and re-airing the Event.
Other. You agree that Talent, Hosts or Venues may send you communications through the Services or through other channels, and these emails will not be affected by any unsubscribe option Gathr offers you for its own marketing communications.
Gathr may decide to cease operation of the Event Marketplace, change the fees that it charges in the future or change the terms or features of the Event Marketplace. Gathr shall have no liability to you because of any discontinuation or changes in the terms, features or eligibility requirements of the Event Marketplace.
SPECIAL RULES FOR HOSTS AND TALENT
Note: certain additional rules that apply to Hosts and Talent are set forth below in the section titled “Additional Special Rules for Hosts” and the section titled “Additional Special Rules for Talent”
“Offering” means the detailed listing describing a Talent’s offering that is available on the Talent booking page.
“Marketplace Terms” means the Event details agreed between Host and Talent, as reflected in the settings in the Event Marketplace.
“Supplemental Terms” means any additional terms agreed between Host and Talent that are not reflected in the Marketplace Terms.
“Contract Terms” means collectively, the Marketplace Terms and Supplemental Terms.
Talent Offerings and Custom Offers. Each Offering may include approximate length of the proposed performance, proposed date or time of the performance (or Talent’s availability, as applicable), any limits on the number of tickets Host may sell, Talent’s booking fee, additional fees and expenses, Talent’s required deposit amount or percentage, Talent’s refund policy in the event the Host cancels, and any special terms or conditions for each Offering. Talent may choose not to display their booking fee, required deposit amount or other information in an Offering and to instead invite inquiries from potential Hosts.
Booking a Talent Offering. Upon receipt of an inquiry, Talent may send the Host a custom offer, and the Host will have 24 hours to accept the offer or let it expire. For Offerings that include the fee and deposit information, once a Host submits a booking request, the Host and Talent may decide to negotiate any additional details of the booking. Once an Offering is booked by a Host, the details of the Offering along with any modifications agreed by Host and Talent must be incorporated into the Contract Terms. All terms related to the Settlement Process must appear in the Marketplace Terms to be enforceable. Supplemental Terms may not contain any terms that contradict the Marketplace Terms or these Terms, may not contain any terms that would affect the Settlement Process, and must be entered in the location that Gathr specifies in the Event Marketplace. Any Supplemental Terms that contradict the Marketplace Terms or these Terms, or that would affect the Settlement Process, are unenforceable. No Supplemental Terms are binding on Gathr, and Gathr has no obligation to take them into consideration as part of the Settlement Process, the Security Guarantee, or otherwise. Host and Talent must comply with their obligations under the Contract Terms.
Confidentiality. As a Host, you agree to maintain strictly confidential any discussion of, or other information about, the Contract Terms, Talent’s non-public fees, and all other non-public information about the Talent and the Event or proposed Event. The Host may use such information solely for the Host’s internal evaluation of the booking opportunity, administration of the Event, and the Host’s related accounting and compliance purposes.
Event Start Time and Event End Time. Host and Talent must agree on an Event Start Time and estimated Event End Time, both of which must be specified in the Marketplace Terms. They will appear in the Event page on the Event Marketplace.
Hourly Rate. When Talent is paid an hourly rate for virtual performances, for purposes of the Settlement Process, the hourly rate will be calculated from the Event Start Time to the Event End Time.
Settlement Period. The settlement period (“Settlement Period”) will last for 72 hours after the Event End Time (regardless of the actual time the Event ended).
Talent Expenses. Host and Talent may agree to certain expenses that are preapproved. For all such expenses, an allowance amount must be agreed and reflected in the Marketplace Terms (“Pre-approved Expenses”).
Fees and Settlement Process. Fees and the Settlement Process for an Event will be handled according to the version of Gathr’s Fees and Settlement Process that was in effect when the Event was booked.
Unless otherwise detailed in Gathr’s Fees and Settlement Process, Talent must submit any eligible expenses for which they desire reimbursement (whether a Preapproved Expense or otherwise) no later than 24 hours after the Event End Time using the expense submission tool in the Event Marketplace. The Host must respond to the expense submission within 48 hours of the Event End Time. In response, the Host may accept, deny or partially accept (modifying the dollar amount) of the expense, in the Host’s reasonable discretion, consistent with the Marketplace Terms. Host’s response will be incorporated into the Marketplace Terms. If the Host does not respond within that deadline, the expense is deemed approved in the Marketplace Terms.
Starting 72 hours after the Event End Time, Gathr will process the approved expense requests and complete the Settlement Process. Gathr will settle each Event according to the Marketplace Terms, as such terms are updated during the Settlement Period. In the event of a dispute over an expense, Gathr will make the final determination in its sole discretion. For more detail, please see Gathr’s Fees and Settlement Process.
Payment of Talent’s Fees and Expenses. Gathr will pay Talent any performance fees and Pre-Approved Expenses specified in the Marketplace Terms, less Gathr’s Commission, one hour after the Event End Time, subject to Gathr’s Security Guarantee. Subject to these Terms, at the conclusion of the Settlement Period, Gathr will pay Talent any collected remaining amounts owed as determined by the Settlement Process, which may include approved expenses that Talent submitted during the Settlement Period (adjusted for any expenses already paid as Pre-Approved Expenses) and the applicable portion of ticket sales reflected in the Marketplace Terms. For more information, please see Gathr’s Fees and Settlement Process.
Payout to Host. Subject to these Terms, at the conclusion of the Settlement Period, Gathr will pay the Host the Net Proceeds. For more information about the calculation of Net Proceeds, please see Gathr’s Fees and Settlement Process.
Reviews. After each Event, Gathr may choose to offer Talent and Hosts an opportunity to review each other (“Reviews”). If this functionality is offered, your Review must be accurate and may not contain any discriminatory, offensive, or defamatory language. Gathr has no obligation to vet Reviews for accuracy or other purposes. If Gathr provides Review functionality, Talent and Hosts may read the Reviews once both have completed a Review or Gathr’s specified timeline for completing a Review expires.
Information About Attendees. Talent and Hosts will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations, and with any applicable policies posted on the Services, with respect to information you collect from (or receive about) potential or actual Attendees.
Email Feature. Gathr may make available to you functionality that allows you to contact your Attendees, other Users, or third parties via email (the "Email Feature"). You will use the Email Feature only in compliance with all applicable legal requirements, including those relating to spam and email; you will use the Email Feature only to advertise, promote and/or manage a bona fide Event listed on the Services; you will honor requests by individuals (or by Gathr on such individuals’ behalf) to change their email preferences; and you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any marketing emails to any recipient who has unsubscribed from them. If you violate any of these Email Feature rules or if your use of the Email Feature results in unsubscribe requests, bounce rates, or complaints that we deem, in our sole discretion, to be excessive or unacceptable, or if your emails disrupt the Services, Gathr may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Feature.
Cancellation by Host. Hosts may set their own cancellation policy in the Marketplace Terms. If Host cancels the Event in violation of the applicable cancellation policy, Gathr may impose a cancellation fee and take other actions in accordance with our policy regarding non-permitted cancellations set forth in the Marketplace Terms and our Cancellation Policy.
Talent Withdrawal. Talent may withdraw from an Event only for cause. If Talent withdraws without cause, Gathr will refund the fees it collected from Host. If Talent withdraws for cause, Host will be obligated to pay Talent’s fees in accordance with the Cancellation Policy as if Host had cancelled the Event. In the event Host and Talent do not agree as to whether cancellation is for cause, Gathr will make the final determination in its sole discretion. Additional details for the Settlement Process in the event of Talent withdrawal are set forth in Gathr’s Fees and Settlement Process.
Instant Booking. We may offer a feature that allows Instant Booking, in which a Host may automatically book Talent for an Event by accepting Talent’s Offering as listed on our site. If Talent provides different rates for an Offering based on the type of Host (e.g., a corporation, a nonprofit organization or an individual hosting a personal event), the Host must qualify for the applicable rate. If a Host books Talent under a rate and Host does not in fact qualify for that rate, Talent may cancel its performance with no penalty, switch the rate to the applicable published rate, or treat it as a non-permitted cancellation by Host. Please see our Cancellation Policy for more information on the cancellation terms applicable to Instant Booking.
No Sales Off-Site. Hosts and Talent may not sell tickets for an Event except through the Event Marketplace and may not authorize others to do so.
ADDITIONAL SPECIAL RULES FOR HOSTS
Fees; Payment. By providing your payment information, you agree that Gathr may place a pre-authorization hold for up to the amount that Gathr then anticipates it may have to charge you in connection with the Event, and, once Talent (or Venue, as applicable) accepts the booking request (or immediately in the case of Instant Booking), you authorize Stripe or any third-party payment provider we select to immediately (and then subsequently as additional amounts become due) charge you for the deposit, booking fee, and other relevant charges, as applicable (as specified in the Marketplace Terms and on the Talent’s or Venue’s booking page on our site at the time you submitted the booking request), and any applicable service, transaction, or processing fees, with no additional notice to or consent from you. Gathr reserves the right (but is under no obligation) to cancel your request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from the Services for any reason. Gathr also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on the site or Services or by other notice to you. Such changes will not affect the amounts you pay using a payment method selected for an Event that already was booked when the change takes effect.
Ticket Sales. For all tickets sold on the site, Gathr will collect the ticket purchase price from Attendees.
Host Refund Policy for Ticket Purchasers. If you are a Host offering Events with paid tickets, you must use our Event refund setting functionality to set your own refund policy for Users who purchase tickets. Such refund policy must be in compliance with Gathr’s Host Refund Policy Requirements.
Rejection of Booking Requests. Without limiting any of our rights, any unapproved booking request you submit may be rejected by us or by the Talent, subject to limitations we impose on Talent’s ability to reject Instant Book bookings.
Host’s Relationships with Talent and with Gathr. When you make a booking confirmation through the Event Marketplace, you are entering into a contract directly with the Talent, as discussed above in the Section titled “Special Rules for Hosts and Talent.” Your relationship with Gathr is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Gathr.
ADDITIONAL SPECIAL RULES FOR TALENT
Managers; Agents. A management company, manager, agency, agent, publicist, or other individual or organization acting on behalf of a Talent with the authorization of the Talent (each, an “Agent”) may register a Talent. To begin the process for doing so, they must contact us as set forth in the Contact Information section below. By registering, the Agent represents and warrants for itself and each applicable Talent that: (A) Agent is the authorized representative of the Talent (and, if the Talent is below the age of 18, is registering with any consent required of the Talent’s parent or legal guardian as set forth above) and agrees to these Terms for themselves and on behalf of the Talent; (B) neither the Agent nor the Talent is barred from using our Services under any applicable law; and (C) Agent and Talent are responsible for complying with all applicable legal requirements relating to Talent’s participation in the Event Marketplace under these Terms and will fully indemnify the Gathr Indemnified Parties for any failure to so comply.
Gathr’s Commission. Gathr may take a commission when you are booked for an Event by a third-party Host. (This is not applicable if you are both the Host and the Talent for an Event.) For more information about the calculation of the commission, please see Gathr’s Fees and Settlement Process. If Gathr takes a commission, the applicable formula will be the one set forth in the version of that policy that was in effect at the time the Marketplace Terms were initially agreed for the Event in question, and Gathr will deduct the amount of the commission from your payout unless we and you agree to a different method.
Talent’s Relationship with Host and with Gathr. When you receive a booking confirmation through the Event Marketplace, you are entering into the Contract Terms directly with the Host, as discussed above in the Section titled “Special Rules for Hosts and Talent.” Your relationship with Gathr is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Gathr. Gathr does not direct or control your Talent services, and you agree that you have complete discretion whether, when, and how to provide your Talent services, and at what price and on what terms to offer them, provided that you must comply with such terms and these Terms.
Political Fundraising and Contributions (Message to Potential Contributors). The Event Marketplace can be used by political candidates, parties and committees to raise funds. As a fundraising tool, Gathr is not the recipient of any contributions and does not act as a conduit of political contributions. Instead, it is a vendor to the Host that may be a candidate, political party or other political committee. All User contributions are directly received and recorded by the Host that is using the Event Marketplace for the Host’s fundraising activities. Gathr never takes any control or ownership of a User’s contribution. Instead, a User is giving directly to the Host that may be a candidate, political party or other political committee.
Hosts that are candidates, political parties or other political committees may use Gathr to encourage User contributions to be made in support of their respective political activities. These User political contributions are subject to state and federal campaign finance laws. Such User political contributions are likely to be publicly disclosed on periodic campaign finance reports filed by the Host political committee. Moreover, such User political contributions are frequently subject to source restrictions and contribution limits. Every User contributor should consult with the Host candidate, political party or other political committee on what restrictions, limits and other legal requirements may apply to a User’s potential contribution.
Organization Fundraising and Donations (Message to Potential Donors). The Event Marketplace can be used by tax-exempt organizations to raise funds. As a fundraising tool, Gathr is not the recipient of any donations. Instead, it is a vendor to the Host tax-exempt organization raising funds. All User donations are directly received and recorded by the Host that is using the Event Marketplace for its fundraising activities. Gathr never takes any control or ownership of a User’s donation. Instead, a User is giving directly to the Host tax-exempt organization.
A variety of tax-exempt organizations may use Gathr to encourage donations to be made in support of their respective efforts. These Host tax-exempt organizations may be subject to state laws on charitable solicitations and fundraising. Moreover, User donations may or may not be deductible as charitable donations or a business expense. To determine what restrictions, limits and other legal requirements may apply to a User’s potential donation, a User should consult with the User’s own tax advisor as well as with the Host tax-exempt organization soliciting the funds.
Regulatory and Legal Compliance (Statement for Hosts Raising Political Contributions). Gathr and the Host anticipate that Gathr will perform services for the Host that may require reporting, registration, and other compliance activities under federal, state or municipal laws and regulations relating to campaign finance and elections. For any regulatory compliance required, the Host shall be solely responsible for complying with such requirements as may be applicable to the Host as well as to Gathr. Gathr shall provide the Host in a timely manner with such information and documents as the Host may reasonably request to prepare any reports or other documents required for any such regulatory compliance.
Responsibility for Disclaimers and Solicitation Language. Host of Events that involve fundraising shall be responsible for ensuring that any Event or communication made via the Event Marketplace or the Services comply with any applicable law related to its fundraising efforts, including but not limited to any disclaimer or solicitation language required under state or federal law. The Host is solely responsible for (1) entering any disclaimer or solicitation language that may be required in connection with any Event or communication made via Gathr, (2) doing so in areas of the Event description and other communications that will meet any legally required standard for providing such language to potential donors, and (3) not using Gathr for a particular fundraising campaign if the disclosure obligations applicable to the campaign cannot be met.
CONDUCT WHILE USING OUR SERVICES
When accessing or using the Services, you agree not to:
use the Services for, or solicit others to participate in, any unlawful or unauthorized purpose, or any other purpose not intended by Gathr;
post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, or otherwise violates any law or right of any third party;
infringe upon or violate our intellectual property rights or the intellectual property rights of others;
discriminate against other Users based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other protected status;
submit false or misleading information;
submit or promote objectionable or adult content, including profanity, obscenity, lasciviousness, nudity, sexual acts, pornography, or violence;
use the Services for any obscene or immoral purpose, including the buying or selling of sexual services; or
upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
collect or track the personal information of others;
spam, phish, pharm, pretext, spider, crawl, or scrape;
alter the way that an aspect of the Services is displayed or delivered to other users;
attempt to probe, scan, or test the vulnerability of the Services or interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;
access the Services if we have requested that you refrain from such access; or
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
Violation of our rules may result in the removal of your Submissions from the Services, the canceling of your account, and/or the termination of your right to use the Services. If you believe that an Event violates the Terms, or to otherwise report violation of these Terms, please notify Gathr as set forth in the Contact Information section below. Gathr may monitor any Event, and Gathr retains the right, in its sole discretion, to cancel any Event or block any User.
Gathr is not the creator, organizer, manager or owner of the Events listed on the Event Marketplace. Rather, Gathr provides its Services, which allow Users to interact with each other in relation to Events, e.g., Hosts, Talent and Venues can create and enter into contracts for Events, Hosts can manage ticketing and registration and promote their Events, and Attendees can search for, purchase tickets for and attend such Events.
The Host is solely responsible for ensuring that any page displaying an Event on the Event Marketplace (and the Event itself) meet all applicable legal requirements, and that the Event is delivered as described and in an accurate, satisfactory manner.
We do not endorse any Events or any User Content, and we have the right, but do not have any duty, to investigate or guarantee the truthfulness of any claims made by Users, or to screen Users or Events. We may list and sell tickets for Events on third-party marketplaces at our sole discretion, and we may also charge for this service. We may remove User Content that violates the Terms at our sole discretion.
We do not provide tax or legal advice to Users. Users bear sole responsibility for determining how the applicable laws apply to hosting an Event, performing at an Event, or utilizing any of the Services. Gathr bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Users, including among Hosts, Talent and Venues.
Many aspects of the Services are free. For example, you may create an account, list an Event, offer an Event for free to Users and otherwise access the Services for free.
However, we charge fees when you sell or buy paid tickets for an Event. Gathr may also charge Hosts a fee to list an Event on a third-party ticket marketplace. Hosts determine whether these fees will be passed along to Attendees and shown as fees on the applicable Event page or absorbed into the ticket or registration price and paid by the Host out of their ticket and registration gross proceeds. For more information on when such fees apply and how they are calculated, please see our explanation of Gathr’s Fees and Settlement Process.
Gathr reserves the right to change the service fees at any time, and will provide Users notice of any fee changes before they become effective. Fee changes will not affect purchases or bookings made prior to the effective date of the fee change. If you disagree with a fee change you should not sell or buy tickets or take any other action that triggers the applicable fee; any action that triggers the fee will be an acceptance of the fee change.
Gathr may also take a commission from Talent’s performance-related booking fee when Talent is booked by a third-party Host. For more information on how that commission is calculated, please see our explanation of Gathr’s Fees and Settlement Process.
PAYMENT TERMS; PAYMENT SERVICES
Payment Authorization. You authorize Gathr to charge all sums for purchases that you make through the Services to the payment method you designate at the time of purchase. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account, as applicable.
Currency. All transactions are in U.S. dollars unless otherwise specified at point of purchase.
MODIFICATIONS TO THE SERVICES; ADDITIONAL GATHR TERMS
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We reserve the right to impose fees for new or existing aspects of the Services and to modify existing fees. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Some products or services offered by Gathr through the Site may have additional terms and conditions (“Additional Gathr Terms”). If Additional Gathr Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Gathr Terms. To the extent that the Additional Gathr Terms conflict with any of these Terms, these Terms will govern unless the Additional Gathr Terms say that some or all of these Terms don’t apply.
INTELLECTUAL PROPERTY RIGHTS
All title, ownership and intellectual property rights in and to the Services are owned by Gathr or its licensors. The content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation) (the “Content”) may be protected by copyright, trademark, and other applicable laws.
You agree to use the Content only for purposes that are permitted by these Terms and any applicable legal requirements.
Your access to and use of the Services does not grant you any license or right to use any trademark, logo, or service mark displayed on the Services. Gathr, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. Gathr neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties.
You may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.
All software used on the Services is the property of Gathr or our licensors and protected by United States and international copyright laws. Subject to these Terms, Gathr hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Services for your personal, noncommercial use only. This license does not include any: (i) resale or commercial use of the Services; (ii) any derivative use of the Services; (iii) any downloading or copying of account information for the benefit of a third-party business; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying the Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of Gathr or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of Gathr.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, or any contact on the website through which the Services is provided, without express written permission by us.
All rights not expressly granted herein are reserved by Gathr and its licensors. You agree to abide by all additional restrictions displayed on the Services as they may be updated from time to time.
USER SUBMISSIONS; USER FEEDBACK
Submission. Parts of the Event Marketplace enable you to contribute, provide, post or make available feedback, text, photos, audio, video, information, and other content. Any such content that you contribute, provide, post or make available using the Services, other than any Feedback (as defined below), is a "Submission."
License to Submissions. You hereby grant Gathr a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on your Submissions, in whole or in part, in any media, for the purpose of operating the Services (including Gathr's promotional and marketing services, which may include without limitation, promotion of your Event on a third-party website). Notwithstanding the foregoing, Gathr does not claim, and you do not transfer, any ownership rights in any of your Submissions and nothing in these Terms will restrict any rights that you may have to use and exploit your Submissions outside of the Services.
Your Representations About your Submissions. You represent and warrant that you have all the rights, power and authority necessary to disclose or upload the Submission and grant the foregoing license, and that your Submission (a) does not infringe, violate, misappropriate or otherwise conflict with the rights (including privacy rights) of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
Additional Rules About your Submissions. Your Submissions must be accurate and truthful. Gathr reserves the right to remove any Submission from the Services if Gathr believes, in our sole discretion, that the Submission violates these Terms or for any other reason in our sole discretion. Gathr may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Gathr both on the Services and in marketing, advertising and promotional materials. You understand that the technical processing and transmission of the Services, including your Submissions, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
Feedback. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (“Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Gathr has no obligation (including of confidentiality or privacy) with respect to your Feedback. Any Feedback will be considered non-confidential and non-proprietary to you. By submitting the Feedback, you grant to Gathr a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback, without compensation to you. You hereby waive any and all moral rights or “droit moral” that you may have in Feedback, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Feedback.
DIGITAL MILLENIUM COPYRIGHT ACT NOTICE
Gathr is committed to complying with U.S. copyright and related laws, and all Users must comply with these laws. Accordingly, our users (including you) may not disseminate any material or content using the Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to terminate the rights of any user to access the Services when we determine that they are repeat infringers.
If you believe that your work has been used in a way that constitutes copyright infringement, please provide the following information to the Gathr Copyright Agent:
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site or other Services;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on such owner’s behalf.
The Gathr Copyright Agent can be reached as follows: Copyright Agent (Scott Glosserman)
8228 Sunset Boulevard, Suite 309 Los Angeles, CA 90046 phone: 323-512-4100 email: email@example.com
If we remove or disable access in response to such a notice, or plan to, we may forward your notice and related communications to the user responsible for the content so that they can object to your request.
THIRD-PARTY PRODUCTS AND LINKS
Any Events or products available via our Services, including from Hosts, Talent, and Venues, are from third parties. In addition, third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, products or websites, including any third-party Platforms.
Gathr may communicate with you using any email address or telephone number that you provide us, to: (i) notify you regarding your account; (ii) provide customer support; (iii) troubleshoot problems with your account; (iv) resolve a dispute; (v) collect a debt; (vi) send you surveys or questionnaires; (vi) for marketing purposes; or (vii) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
SYSTEM OUTAGES; ERRORS, INACCURACIES AND OMISSIONS
The site or Services may be unavailable for scheduled maintenance, unplanned outages or other malfunctions. We are not responsible if the site or Services are unavailable, or if you lose any data, information, or User Content for any reason.
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to Event descriptions, pricing, promotions, offers or other information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services has been modified or updated.
DISCLAIMER OF WARRANTIES
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT (A) THE SERVICES, ANY PORTION OF THE SERVICES, OR ANY PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICES, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT GATHR HAS NO CONTROL OVER AND DOES NOT GUARANTEEE THE QUALITY, LEGALITY, SAFETY OR ACCURACY OF ANY EVENT OR ASSOCIATED CONTENT OR PRODUCTS, THE TRUTH OR ACCURACY OF ANY USER-PROVIDED INFORMATION OR THE ABILITY OF ANY USER TO COMPLETE A TRANSACTION. GATHR HEREBY DISCLAIMS ALL LIABILITY FROM THE ACTS OR OMISSIONS OF THIRD PARTIES GATHR USES TO PROVIDE THE SERVICES, THAT HOSTS CHOOSE TO ASSIST WITH EVENTS, OR THAT YOU CHOOSE TO CONTRACT WITH WHEN USING THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL GATHR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, OPPORTUNITY COSTS, THE COST OF SUBSTITUTE SERVICES, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES (INCLUDING AS A RESULT OF ANY FAILURE OF A TALENT, HOST OR VENUE TO MEET ITS OBLIGATIONS HEREUNDER), OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF GATHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) YOUR CONTENT, OR (C) THE ACTS OR OMISSIONS OF ANY USER.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OF USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
OTHER THAN THE OBLIGATION OF GATHR IN CERTAIN CIRCUMSTANCES TO PAY OUT EVENT TICKET FEES TO HOSTS AND BOOKING FEES TO TALENT OR VENUES, IN EACH CASE, IN ACCORDANCE WITH THE TERMS APPLICABLE TO SUCH FEES, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT GATHR IS LIABLE TO YOU EXCEED THE GREATER OF: (I) FOR HOSTS OF EVENTS WITH PAID TICKETS, THE FEES YOU PAID TO GATHR IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED, (II) FOR TALENT, THE COMMISSION GATHR COLLECTED FROM YOUR BOOKING FEES DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED, OR IF GATHR TOOK NO COMMISSION, $100.00, (III) FOR HOSTS OF EVENTS WITH FREE TICKETS ONLY, OR FOR OTHER USERS, THE TOTAL AMOUNT OF PAID TICKETS YOU PURCHASED THROUGH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED OR IF YOU MADE NO SUCH PURCHASES, $100.00. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF GATHR FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY GATHR’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY GATHR’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GATHR AND YOU.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A RESIDENT OF NEW JERSEY IN YOUR CAPACITY AS A USER OF THE SERVICES FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT'S "ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS." SIMILARLY, THIS SECTION DOES NOT LIMIT GATHR’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM GATHR’S OWN INTENTIONAL MISCONDUCT OR RECKLESS CONDUCT.
To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold harmless Gathr and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Gathr Indemnified Parties”), from and against any losses, liabilities, damages, demands, settlements, judgments, costs and expenses, including reasonable attorneys’ fees, sustained as a result of any claim or assertion made by any third party due to or arising out of your breach of these Terms, your breach of the documents they incorporate by reference, your violation of any legal requirement (including in the case of a Host using the Event Marketplace or Services in connection with fundraising, any violation of by you, your Events, of the use of the Services in connection with the Events, of campaign finance or other fundraising laws), your violation of the rights of a third party (including invasion of rights of privacy or publicity, libel, slander, defamation, unfair competition, misappropriation of ideas, infliction of emotional distress, or infringement of copyright, trade mark, service mark, trade dress or other right of a third party), your use of a third-party Platform, or your acts or omissions as an Attendee, Talent, Host, or Venue. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Gathr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gathr in asserting any available defenses. This provision does not require you to indemnify Gathr for any unconscionable commercial practice by Gathr or for Gathr's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to the Services.
Notwithstanding the foregoing, if you are a resident of New Jersey acting in your capacity as a User of the Services for personal, family or household purposes, you only agree to release, defend, indemnify, and hold the Gathr Indemnified Parties harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
These Terms apply to you as soon as you access the Services by any means and are effective unless and until terminated by either you or us. You may terminate the general applicability of these Terms by deleting your account or, if you are a User who does not have an account, sending us written notice of termination at firstname.lastname@example.org and then immediately ceasing all access to and other use of our Services indefinitely. Gathr may terminate your account or your right to use or access the Services, or your right to act as an Attendee, Host, Talent or Venue, at any time in our sole discretion, including if you breach these Terms, you use the Services in a manner not intended by Gathr, or if we believe that allowing you to access or use the Services would expose Gathr to unacceptable risk or legal liability. You agree that Gathr will not be liable to you or any third-party as a result of its termination of your account or your right to use or otherwise access the Services.
When termination by you or us happens, these Terms will generally no longer apply. However certain provisions that, by their nature should survive termination, will always remain applicable to both you and Gathr. For example, the Terms will continue to apply to completed and pending transactions, and all of the following will survive termination: any obligation you have to pay us, indemnify us, or defend us, any disclaimers of warranties and limitations on liability, any terms regarding ownership or intellectual property rights, choice of law, and terms regarding class action waiver.
NO THIRD-PARTY BENEFICIARIES
These Terms are not enforceable by or for the benefit of any third party.
CLASS ACTION WAIVER
Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and we expressly waive any rights to file a class action or seek relief on a class basis.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the class action waiver provision set forth above by sending written notice of your decision to opt out to email@example.com. Your written notice must have the subject line, “CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) the effective date of the most recent update of this Class Action Waiver section or (ii) your first date that you used the Services, whichever is later. Otherwise, you shall be bound by the class action waiver provision set forth above.
Changes to This Section. We will provide thirty (30) days' notice of any material changes to this section entitled “Class Action Waiver” by posting a notice on the Services or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section entitled “Class Action Waiver” will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.
If a court decides that this subsection entitled “Changes to this Section” is not enforceable or valid, then this subsection will be deemed to be severed from the Section entitled “Class Action Waiver.” If this happens, the court shall apply the first Class Action Waiver section or similar section in existence after you began using the Services.
Survival. This section entitled “Class Action Waiver” shall survive any termination of your use of the Services.
Electronic Communications. You agree to receive communications from Gathr electronically, such as emails, texts, mobile push notices, or notices and message on the Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Gathr provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."
Changes to These Terms. Gathr may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘Last Updated’ date at the top of this page and notify you, in accordance with our legal requirements, that material changes have been made to the Terms. Your continued use of the Services after any such change constitutes your acceptance of the new Terms, provided that the foregoing does not apply to the Class Action Waiver section, to which the subsection therein, “Changes to This Section,” shall apply. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Services.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Gathr’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Force Majeure. Gathr shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Choice of Law. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
Exclusive Venue. Any claim or dispute that between you and Gathr that arises out of or is related to the Services or the Terms shall be decided exclusively by a court of competent jurisdiction located in New York County, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located within New York County.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to claims involving residents of New Jersey in their capacity as Users of the Services for personal, family or household purposes.
Notice. Where Gathr requires that you provide an email address, you are responsible for providing Gathr with your most current email address. In the event that the last e-mail address you provided to Gathr is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Gathr’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Gathr at the following address: Gathr, 8228 Sunset Boulevard, Suite 309, Los Angeles, CA 90046. Such notice shall be deemed given when received by Gathr by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you use the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in, and you are not a national or resident of, a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
California User Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. These Terms and any policies or operating rules posted by us through the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Severability. Subject to the section entitled Class Action Waiver, in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section Titles. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.
CHANGES TO TERMS
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms. The most current version of the Terms will be posted on this site and it is your responsibility to check the site periodically for changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. Your continued use of the Services following the effective date of any changes to these Terms constitutes acceptance of those changes, provided that the foregoing does not apply to the Class Action Waiver section. If you do not agree to the new Terms, you may not use the Services.
If you have any questions or concerns with respect to these Terms or the Services, or to report any violations of these Terms, please contact us at: firstname.lastname@example.org.