WELCOME TO THE GATHERING 2.0 COMMUNITY WEBSITE (THE “COMMUNITY”)! WE ARE PLEASED THAT YOU ARE CONSIDERING JOINING OUR COMMUNITY. PLEASE REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE COMMUNITY BEFORE YOU CONTINUE AS A MEMBER OF OUR COMMUNITY.
THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”) GOVERN THE COMMUNITY AND ANY CONTRIBUTIONS THAT YOU MAKE AS A COMMUNITY BROWSER OR MEMBER.
These Terms of Service were last updated on August 10, 2007.
By browsing in the Community or registering as a member of the Community, you agree to the following Terms of Service which may be updated from time to time. Please read these Terms of Service carefully.
IF, AT ANY TIME, YOU DO NOT AGREE WITH THESE TERMS OF SERVICE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY WHICH IS PUBLISHED HERE, THEN PLEASE REFRAIN FROM FURTHER USE OF THE COMMUNITY. IF YOU ARE A REGISTERED MEMBER, THEN YOU MAY CHOOSE TO WITHDRAW YOUR REGISTRATION AND REFRAIN FROM FURTHER USE OF THE COMMUNITY.
The Community may contain links and pointers to Internet websites maintained by third parties (“Third-Party Sites”) that are not owned or controlled by the Community. I Community Services, Inc. (“I Community Services”) owns and operates the Community, but has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Sites. In addition, I Community Services will not and cannot censor or edit the content of any Third-Party Site.
1. COMMUNITY MANAGER IS THE PROVIDER OF VENUES FOR INTERACTION.
Community Manager is an information service (the “Service”) that provides Venues to facilitate the shared communication of information by and among the Members of the Community. We use the term “Venues” to describe interactions such as events, meetings, forums, exchanges, conferences, trade shows, websites, on-line discussions, wikis, e-mail dialogues, web or phone conferences and any other form of interaction we offer to persons or entities which register for the Venues (the “Members”). The Community is itself also a Venue.
2. REPRESENTATIONS.
Members are encouraged to submit and share Content with the Community and its Members. Content includes, but is not limited to, Discussion Forum posts, and submissions to the File Library and Event Calendar. The Community Manager’s operation of the Community and Venues depends, in large part, upon assurances that the Content provided by you is not subject to any legal rights of a third party that prohibit the Content from being posted to the Community. ACCORDINGLY, you represent and warrant that:
(a) You and/or your organization owns or otherwise controls sufficient distribution rights to any Content shared in any Venue.
(b) The Content you contribute is true and correct and not subject to third-party ownership or confidentiality agreements and is not subject to trade secret prohibitions.
(c) You and/or your organization do not live in or have a principal place of business in a country that is currently under embargo or boycott by the United States.
3. CONDUCT IN THE COMMUNITY AREAS.
In addition to the representations above, if the Community publishes your Content or you participate in the public services of the Community such as chat areas, news groups, forums, Venues and/or other message or communication services (collectively, the "Community Areas"), you agree to use such Community Areas only to send and receive Content, messages and other material that are relevant and proper to the applicable forum. By way of example, and not as limitation, you also agree not to:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
(c) Publish falsehoods or misrepresentations that could damage the Community or any third party;
(d) Use the Community in a manner that is in violation of local, state, national or international law;
(e) Upload files that contain software or other material that violate the intellectual property rights (or rights of privacy or publicity) of any third party;
(f) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(g) Advertise or offer to sell any goods or services for any commercial purpose in the Community that are not relevant to the services offered in the Community;
(h) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(i) Impersonate another person or allow any other person or entity to use your Member identification to post or view Content or comments;
(j) Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited; or
(k) Restrict or inhibit any other Member from using and enjoying the Community Areas;
The Community Manager reserves the right to edit or remove any Content for any or for no reason and without explanation. In addition, the Community will fully cooperate with any law enforcement authorities or court order requesting or directing the Community to disclose the identity of anyone posting any information or materials in violation of these Terms of Service or the law.
4. RECORDING.
In order to make it easier for you to access information, we may video or audio record interactions at Venues. In some cases, we may use these recordings to create transcripts, abstracts and/or summaries of the information communicated at these Venues as a part of our Service. We will notify you in advance if we are recording at a Venue. If you do not wish to be recorded, you should refrain from participation in these Venues at the time you are
notified.
5. BREACH.
We strive to create an effective working environment within the Community and in the Community Areas and as such, we rely heavily on the appropriate behavior of our Members. We may limit your activity, immediately remove you from any Venue, warn our Community of your actions, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you if you fail to abide by these Terms of Service or otherwise breach any portion, express or implied in these Terms of Service or violate general terms of appropriate behavior standards. We may also limit or deny our Services to you if you abuse the terms of any documents incorporated within the Community, or if we believe that your actions may cause financial loss to or legal liability for you, our Members, or the Community. We reserve our right to pursue other remedies available at law as well.
6. WARRANTY DISCLAIMER.
I Community Services assumes no responsibility for monitoring the Community, the Content or the Service for inappropriate content or conduct. If at any time I Community Services decides, in its sole discretion, to monitor the Community, the Content, the Service or any services of the Community, I Community Services nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user of the Community submitting any such Content.
You agree that your use of the Community is at your own and sole risk. To the fullest extent permitted by law, I Community Services, its officers, directors, employees, partners and agents disclaim all warranties, express or implied, in connection with the Community and your use of it. I Community Services makes no warranties or representations about the accuracy or completeness of the the Community or the Content and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Community, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Community, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Community by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Community.
The Community has links to Third-Party Sites and may from time to time provide third-party materials in the Community. The Community does not warrant, endorse, guarantee, or assume responsibility for any information, product or service advertised, offered or displayed by a third party through the the Community or any Third-Party Sites or featured in any banner or other advertising. By browsing through the Community or becoming a Member of the Community, you expressly relieve the Community from any and all liability arising from your use of any Third-Party Site and you agree that I Community Services will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
The content, materials, and products or services available in or accessible through the Community are AS IS and, to the fullest extent permissible pursuant to applicable law, I COMMUNITY SERVICES AND THE COMMUNITY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. I COMMUNITY SERVICES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE COMMUNITY, WILL BE UNINTERRUPTED, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMMUNITY, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state and country to country.
7. LIMITATION OF LIABILITY.
I Community Services disclaims liability for certain types of damages and to limit our damages in certain other cases. We do this so that you can be assured that we will be able to provide the Service to you now and in the future, not because we are hiding from any liability we might have.
IN NO EVENT SHALL I COMMUNITY SERVICES, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR VENUES, THE COMMUNITY, THE SERVICE OR THIS TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF THE COMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMMUNITY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE COMMUNITY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. OUR MAXIMUM CUMULATIVE LIABILITY FOR ALL DAMAGES IS LIMITED TO USD $10.00.
8. PRIVACY.
We make commercially reasonable efforts to use your information as described in the Privacy Policy. Our current Privacy Policy is available here.
9. OWNERSHIP AND LIMITED LICENSE
You own your information. I Community Services owns the Community and all aggregated Content generated by it that is displayed in the Community. I Community Services grants you a non-exclusive, revocable right to use the Community provided that you do not (a) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or (b) modify or attempt to modify the Community in any manner or form except that you have the right to modify your self-generated Content in the Community. You agree that I Community Services shall not be liable to you for any modification or discontinuance of the Community and I Community Services may discontinue the Community and the Service without any notice to you.
10. THIRD-PARTY CLAIMS.
A. I Community Services and the Community do not permit copyright infringing activities and infringement of intellectual property rights in the Community. I Community Services will remove any Content if properly notified that such Content infringes on another’s intellectual property rights. As stated above, I Community Services reserves the right to remove Content from the Community without prior notice and for any reason or for no reason and without explanation. I Community Services will also terminate a Member’s access to the Community, if the Member is determined to be a repeat infringer. A repeat infringer is a Member of the Community who has been notified of his, her or its infringing activity more than twice and/or has had Content removed from the Community due to claims of infringement more than twice. I Community Services also reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. I Community Services may remove such Content and/or terminate a Member’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
B. In particular, if you are a copyright owner or an agent thereof and believe that any Content or other material in the Community infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing I Community Services with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to I Community Services, Inc., 2000 Powell St., Suite 600, Emeryville, CA 94608, e-mail: suzanne@gathering2.com, fax: 781.995.0765. You acknowledge that if you fail to comply with all of the requirements of this Section 10, your notice may not be valid. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE PROCEDURE SET FORTH ABOVE WILL RECEIVE NO RESPONSE.
Any other feedback, comments, requests for technical support, and other communications should be directed to the Community’s customer service here.
11. EXPORT CONTROL.
The Community is controlled, operated and offered by I Community Servicesfrom its offices within the State of California, United States of America. Unless otherwise specified, the Content and other materials in the Community are presented solely to promote and provide our Service available in the United States. I Community Services makes no representation that the materials in the Community are appropriate or available for use in other locations and other countries. Those who choose to access, use or become Members of the Community from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the Community is further subject to United States export controls. No software from the Community may be downloaded or otherwise exported or re-exported: (a) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Community, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. INDEMNITY.
You agree to defend, indemnify and hold harmless I Community Services, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to the Community;
(b) your violation of any term of these Terms of Service;
(c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
(d) any claim that your Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the Community.
13. MODIFICATIONS.
I Community Services reserves the right, in its sole discretion, to amend these Terms of Service, and to modify, add or discontinue any aspect, content, or feature of the Community. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting in the Community, via e-mail or any other means. Continued use of the Community by you will constitute your binding acceptance of any such amendments, modifications, additions or deletions.
14. CHILDREN ONLINE PROTECTION ACT NOTIFICATION.
Pursuant to 47 U.S.C. Section 230 (d) as amended, I Community Services hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website at http://kids.getnetwise.org/. To view information on the Community’s policy regarding the privacy of information from children under the age of 13, please view our privacy policy here.
15. ABILITY TO ACCEPT TERMS OF SERVICE.
You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Community is not intended for children under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT BROWSE OR ANY OTHER MANNER USE OR VISIT THE COMMUNITY.
16. ASSIGNMENT.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by I Community Services without restriction.
17. GENERAL.
You agree that: (1) the Community shall be deemed solely based in the State of California; and (2) the Community shall be deemed a passive website that does not give rise to personal jurisdiction over I Community Services, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and I Communty Services that arises in whole or in part from the Community shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California. These Terms of Service, together with the Privacy Policy [insert link to privacy policy here] and any other legal notices published by I Community Services in the Community, shall constitute the entire agreement between you and I Community Services concerning the Community. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and I Community Service’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. I Community Services reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. YOU AND I COMMUNITY SERVICES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. TERMINATION.
I Community Services reserves the right, in its sole discretion, to reject or refuse to post Content, to suspend, terminate your password, account (or any part thereof) or your access to the Community or your Member account, or remove and discard any communication transmitted by you or any Content posted by you, or information stored, sent, or received via the Community without prior notice and for any reason, including, but not limited to:
(a) if you provide any personal information when creating or modifying your account information that is untrue or inaccurate, not current, or incomplete, or if I Community Services suspects that your information is untrue, inaccurate, or incomplete;
(b) permitting another person or entity to use your Member identification and account password to access the account-related features of the Community;
(c) any other access or use of the Community except as expressly provided in these Terms of Service;
(d) any violation of the terms and conditions of these Terms of Service or the rules and regulations relating to the use of the software and/or data files accessed through the Community; or
(e) tampering with or alteration of any of the software and/or data files contained in or accessed through the Community; or
(f) failure to access your Member account through the Community on a regular basis.
You may terminate your account hereunder upon thirty (30) days written notice by you to customer service at [insert link to customer service contact information]. Termination, suspension, or cancellation of your account or your access rights to the Community will not affect any right or relief to which I Community Services may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to I Community Services and its licensors.