Terms of Service – Consumer Use

Last Revised: January 22nd, 2011

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site of GPDigital LLC. (“Gatheringpoint”), located at www.gatheringpoint.com (the “Site”), and the services available through the Site (the “Gatheringpoint Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Gatheringpoint, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Gatheringpoint for violations of these Terms.

Gatheringpoint reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed tocontact@gatheringpoint.com

Privacy Policy

Please refer to our Privacy Policy for information on how Gatheringpoint collects, uses and discloses personally identifiable information from its users.

Mobile Services

Certain of the Gatheringpoint Services may require the use of a mobile phone, including the ability to send, receive and reply to messages using text messaging.  Gatheringpoint does not charge for any of these messages.  However, your carrier’s normal, messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Gatheringpoint Service, you agree that we may communicate with you regarding Gatheringpoint, the Gatheringpoint Service and our partners by SMS, text message, email or other electronic means to your mobile device or email address, including without limitation providing promotional offers and information. In addition, you understand and agree that if the Gatheringpoint Services include any location-based services, your location may be shared with Gatheringpoint and its users in accordance with the applicable privacy settings for your account. You can adjust these settings from your mobile phone or by notifying us atcontact@gatheringpoint.com.

Registration

If you register with the Site or for any Gatheringpoint Services, you agree to:

  • provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (the “Registration Data”) and
  • maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Registration Data and certain other information about you are subject to our Privacy Policy.

If you are under 13 years of age, you are not authorized to use the Site or the Gatheringpoint Services, with or without registering. In addition, if you are under 18 years old, you may use the Site and Gatheringpoint Services, with or without registering, only with the approval of your parent or guardian.

If you register with the Site or for any Gatheringpoint Services, you will receive or create a password and account designation upon completing the applicable registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Site or any Gatheringpoint Services through your username and password, you shall be responsible for all activity under your accounts, including without limitation any and all liability, costs or damages arising out of claims or suits by such third parties based upon or relating to such activity. You agree to:

  • immediately notify Gatheringpoint of any unauthorized use of your password or account or any other breach of security, and
  • ensure that you exit from your account at the end of each session.

Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Gatheringpoint logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Gatheringpoint or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Gatheringpoint, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Gatheringpoint has adopted a policy of terminating, in appropriate circumstances and at Gatheringpoint’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Gatheringpoint may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

  • Name of Agent Designated to Receive Notification of Claimed Infringement: Gatheringpoint Content Administrator
  • 
Full Address of Designated Agent to Which Notification Should be Sent: GPVenture LLC, 431 Main Street, Half Moon Bay, CA 94019
  • 
Telephone Number of Designated Agent: +1 (650) 922-0400
  • 
Facsimile Number of Designated Agent: +1 (763) 322-0400
  • 
E-Mail Address of Designated Agent: contact@gatheringpoint.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.

You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

Trademarks

GATHERINGPOINT, the Gatheringpoint logos and any other product or service name or slogan contained in the Site are trademarks of Gatheringpoint and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gatheringpoint or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Gatheringpoint” or any other name, trademark or product or service name of Gatheringpoint without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Gatheringpoint and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Gatheringpoint or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Gatheringpoint logo or other proprietary graphic of Gatheringpoint to link to this Site without the express written permission of Gatheringpoint. Further, you may not use, frame or utilize framing techniques to enclose any Gatheringpoint trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Gatheringpoint’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Gatheringpoint or any third party.

Gatheringpoint makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Gatheringpoint and Gatheringpoint is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Gatheringpoint provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Gatheringpoint of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Third Party Content and Services

Gatheringpoint may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. In addition, Gatheringpoint uses and provides access to certain third party social media services (e.g., Facebook and Twitter) in connection with the provision of the Site and Gatheringpoint Services. Gatheringpoint does not monitor or have any control over any Third Party Content, third party Web sites or third party services. Gatheringpoint does not endorse or adopt any Third Party Content, third party Web sites or third party services, and can make no guarantee as to its performance, accuracy or completeness. Gatheringpoint does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content, third party Web sites or third party services. Users use such Third Party Content, third party Web sites and third party services at their own risk.

Advertisements and Promotions; Third-Party Products and Services

Gatheringpoint may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Gatheringpoint is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Gatheringpoint advertisers or third party information on the Site.

User Content and Interactive Services or Areas

The Site may include discussion forums, chat rooms or other interactive areas or services (“Interactive Areas”) in which you or other users may create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content”). You are solely responsible for the User Content you post and for your use of such Interactive Areas. In addition, you acknowledge and agree that your interactions with other users are solely between you and such other users, and that Gatheringpoint shall not be responsible or liable for any loss or damage of any sort, including bodily injury or death, incurred as the result of any such interactions.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of Gatheringpoint, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Gatheringpoint or its users to any harm or liability of any type.

GATHERINGPOINT IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS ON THE SITE OR THE CONDUCT OF ITS USERS. Gatheringpoint takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Gatheringpoint liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF INTERACTIVE AREAS IS AT YOUR OWN RISK. As a provider of interactive services, Gatheringpoint is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Gatheringpoint has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Gatheringpoint reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Gatheringpoint’s systems and customers, or to ensure the integrity and operation of Gatheringpoint’s business and systems, Gatheringpoint may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Gatheringpoint’s right to disclose any such information shall govern over any terms of Gatheringpoint’s Privacy Policy.

If you post User Content to the Site, unless we indicate otherwise, you grant Gatheringpoint and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exercise and exploit such User Content throughout the world in any media on or in connection with the Site. You grant Gatheringpoint and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

When you use the Interactive Areas, you understand and consent that certain of your activities may be shared with other users unless you opt out of or limit such sharing by removing data from your profile.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Gatheringpoint, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Gatheringpoint.

Indemnification

You agree to defend, indemnify and hold harmless Gatheringpoint, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas or any other part of the Site or Gatheringpoint Services, including without limitation any actual or threatened suit, demand or claim made against Gatheringpoint and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your use of the Site or Gatheringpoint Services, your violation of these Site Terms or your violation of the rights of any third party.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GATHERINGPOINT, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE GATHERINGPOINT SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GATHERINGPOINT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND OTHER SITE MATERIALS IN THE SITE OR MADE AVAILABLE THROUGH THE GATHERINGPOINT SERVICES. GATHERINGPOINT DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE MATERIALS OR THE GATHERINGPOINT SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GATHERINGPOINT DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE GATHERPOINT SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

GATHERINGPOINT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, NEWS, GEOLOCATION, TRAFFIC, WEATHER, AIR QUALITY, ALERTS, EVENTS, TEXT OR PHOTOGRAPHY OR ANY OTHER CONTENT OR SITE MATERIALS.

Gatheringpoint reserves the right to change any and all content or other Site Materials contained in the Site and any Gatheringpoint Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Gatheringpoint.

Limitation of Liability

IN NO EVENT SHALL GATHERINGPOINT, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE GATHERINGPOINT SERVICES, OR THE CONTENT OR OTHER SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GATHERINGPOINT, THE SITE OR THE GATHERINGPOINT SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GATHERINGPOINT’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GATHERINGPOINT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GATHERINGPOINT FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in San Mateo County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination

Notwithstanding any of these Site Terms, Gatheringpoint reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

Miscellaneous

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Gatheringpoint to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision. A printed version of these Site Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions & Contact Information

Questions or comments about the Site may be directed to Gatheringpoint at the email addresscontact@gatheringpoint.com.

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