Please review the terms set forth herein carefully. Your use of gatherX is contingent on your acceptance of these terms. By using or accessing gatherX, you become a user and agree to be bound by these terms for as long as you continue to use or access gatherX, whether or not you register as a member. These terms are void where prohibited by law, and the right to access and use gatherX is revoked in any such jurisdiction.
These Terms are subject to change by gatherX in its sole and absolute discretion at any time. You hereby waive any right you may have to receive notification of modifications to these Terms and you should therefore review these Terms periodically because any modifications will be effective immediately once they have been posted online at www.gatherx.com/about/terms. Your continued use of or access to the Services, following the posting of such changes to these Terms, shall constitute your acceptance of the amended terms.
Banning and Deplatforming
gatherX is a place for discussion and sharing of ideas. We believe in civil discourse, and an environment free from the unnecessary toxicity seen on other platforms. Many people believe that some of the major platforms exhibit (left-wing) political bias in the enforcement of their terms of service. In response to this, free-speech-absolutist platforms have arisen which become havens for reprehensible ideas and speech.
gatherX does not believe this is the best response. The best response, with the aim of having a politically neutral platform, where “dangerous” or “politically incorrect” ideas can be discussed, requires nuance, clarity, transparency and a strict but fair enforcement of the terms of service.
The critical issue is how hate speech is defined. Defining hate speech too loosely or broadly, puts freedom of speech at risk. We thus believe a minimalistic (but not absent) approach to this issue is necessary. We define hate speech as incitement to discrimination or prejudicial actions against a group based on any of the attributes of race, religion, ethnic origin, national origin, sex, disability, sexual orientation or gender identity. Much like incitement to violence is a clear red line delimiting free speech under the law, incitement to discrimination and prejudicial actions is a bright red line that can be understood and respected.
Context and intent of speech will be considered in evaluating cases where a breach of our terms of service has been alleged. The party in question is entitled to a written explanation for their banning from gatherX. The party in question will also have the option of a requesting an adjudication or review of the decision by an independent committee, with the possibility of having the ban reversed. (gatherX reserves the right to charge fees on a cost basis for such a review)
You may only use or access the Services if you are at least 13 years of age. The Services are not targeted to or intended to be used by anyone under the age of 13. You must not attempt to register if you are under 13 years of age. Any use by you of the Services is void where prohibited. By accessing and using the Services you represent and warrant that you have the right, capacity and authority to be bound by these Terms and to abide by all the terms and conditions of these Terms.
If you become a member of the Services by registering an account, whether for free or by subscribing for additional [features] (a ‘Member”), you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any governmental entity.
You may register as a Member at no cost or you may subscribe to purchase Premium memberships (described below).
You may not create more than one personal account. You may not access or use the Services if we have previously disabled your account and you may not transfer your account to anyone, except with our prior written permission. By registering an account you represent and warrant that you have not previously been removed or suspended from the Services, except to the extent that you have obtained our prior written permission to re-register.
Termination of Membership
You may change or cancel your membership at any time, for any reason, by following the instructions on the "change/cancel membership" or similar page on your "Account Settings" page on the Services. If you cancel your membership, we may ask you to provide a reason for your cancellation. If you cancel your membership and you have previously subscribed and paid for Premium membership, you will not be eligible for a refund of any unused portion of the paid Premium memberships.
If you cancel your membership, your profile will be removed, and other Members will not be able to view your profile. [You will be able to use your current registration information to "unhide" your profile and reactivate your membership for one year.] A Member can hide his or her profile or cancel his or her membership and remove their profile at any time by following the instructions contained on the "Account Settings" page on the Services.
gatherX reserves the right, in its sole and absolute discretion, with or without cause, to terminate or suspend your membership in the Service at any time without notice if gatherX believes that you have violated the letter or spirit of these Terms, or otherwise created risk or possible legal exposure for gatherX. Upon such termination or suspension, you will not be entitled to any refund of paid Premium memberships. gatherX is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership is terminated for any reason, all provisions of these Terms shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. If your account is terminated for any reason, you will not create another one without first obtaining written permission from gatherX.
Non-Commercial Use by Members
The Services are for personal use only. Members may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products, features or services not offered by gatherX or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services for any purpose, except to the extent they have obtained the express prior written consent of gatherX. gatherX may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including without limitation, advertising, selling or hiring products or services, or collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
You are responsible for maintaining the security of your account and ensuring no unauthorized person has access to your account. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify gatherX of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session. gatherX cannot guarantee that unauthorized third parties will not be able to defeat its security measures. Please notify gatherX immediately of any compromise or unauthorized use of your account.
Interactions with Other Members
gatherX does not guarantee the accuracy or completeness of any user’s profile information displayed through the Services. gatherX also does not guarantee users’ romantic sentiments as indicated by users through their use of the Services. You may meet, come into contact with, or otherwise interact with other Members of the Services as a direct or indirect result of your use of the Services; gatherX has no responsibility for the results of any of these interactions and you agree as a user that you are solely responsible for your interactions with other Members.
You understand that gatherX currently does not conduct criminal background checks or screenings on its Members. gatherX also does not inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Gather Online makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. gatherX reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
gatherX is not responsible for the conduct of any Member. In no event shall gatherX or any of their respective directors, officers, employees, legal counsel or other representatives be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Services. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Services or meet in person, or if you decide to send money to another Member. You understand that gatherX makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members. If you collect information from Members, you will obtain their consent, make it clear that you (and not gatherX) are the one collecting the information, and clearly explain what information you are collecting and how it will be used. You agree that the provisions of this section shall survive any termination of your account or of the Services.
The Services and all content, trademarks, trade names, service marks, material and other intellectual property rights related thereto, including without limitation, the gatherX logo, and all designs, text, graphics, photos, data, information, software, sound files and the arrangement thereof (the “gatherX Proprietary Property”) are the proprietary property of gatherX or, as applicable, its licensors and are protected by the copyright and other intellectual property laws of each jurisdiction in which gatherX operates and/or the Services are accessed. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on or through the Services, without first obtaining the prior written consent of gatherX or, if such property is not owned by gatherX, the owner of such intellectual property. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. gatherX grants you a limited, non-exclusive and fully revocable license, subject to these Terms, to use and access the Services and gatherX Proprietary Property provided you are in compliance with these Terms.
Content Posted by You on the Services
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Services or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on or as part of the Services, or transmit to gatherX or any other Member (either on or off the Services), or provide a link to, any offensive, inaccurate, abusive, obscene, profane, defamatory, libelous, threatening, intimidating, harassing, or racially, sexually, religiously or otherwise objectionable or offensive content, or any content or information that contains nudity, gratuitous violence or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all Content that you submit upon registration as a Member is accurate and truthful and that you will promptly update any Content provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that gatherX assumes no responsibility for monitoring or reviewing any posted Content for inappropriate or illegal content or conduct. To the extent gatherX becomes aware of any posted Content, gatherX may delete or edit any Content, in whole or in part, that in gatherX’s sole judgment violates these Terms or may harm the reputation of gatherX or the Services. When you delete content from the Services, you understand that it may persist in backup copies for a reasonable period of time, but will not be available to others.
By posting Content on or as part of the Services, you automatically grant to gatherX, its licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You shall not make available in the Services any Content that infringes any copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other right of any person or entity. You represent and warrant that any posting and use of your Content by gatherX will not infringe or violate any of the foregoing rights of any third party.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited on the Services. You may not post, upload, display, provide a link to, or otherwise make available Content that:
Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
Advocates or incites harassment, bullying or intimidation of another person;
Requests or solicits money from, or is intended to otherwise defraud, other Members;
Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 13;
Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
Contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s contact information, personally identifying information, identification documents or sensitive financial information, without his or her permission;
Involves unauthorized commercial communications on the Services or publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Pertains to group sexual activity or solicits contact for the purpose of extra marital encounters or affairs; and
Promotes self-harm, eating disorders, or hard drug abuse.
gatherX reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Services and terminating or suspending the membership of such violators.
Your use of the Services, including all Content you post through the Services, must comply with all applicable laws and regulations in the jurisdiction in which you are accessing the Services and in the jurisdictions in which Gather Online operates. You agree that gatherX may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of gatherX or any other person.
[You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any person visiting the Services or participating in the Services may view any Content you place on the Services to be viewed by other Members. You may, at your discretion, exchange such information in private communications with other Members of the Services.]
gatherX reserves the right, but has no obligation, to disclose any information that you submit, if in its opinion, the Company suspects or has reason to suspect, that the information involves a party who may be the victim of abuse, including but not limited to, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to law enforcement agencies, child protection agencies or court officials as gatherX deems appropriate to handle such disclosure.
By using the Services, you agree to allow gatherX to anonymously use the information from you and your experiences through the Services to continue gatherX’s research into improving the Services.
gatherX appreciates all feedback or suggestions regarding the Services, however, you acknowledge that Gather Online may use said feedback and suggestions without any obligation to compensate you for them.
gatherX reserves the right to investigate and/or terminate your membership if you have misused the Services or behaved in a way gatherX regards as inappropriate or unlawful, including actions or communications that occur off the Services but involve Members you meet through the Services. The following is a partial list of the type of actions that you may not engage in with respect to the Services. You will not:
Use the Services to do anything unlawful, misleading, malicious or discriminatory;
Post any Content that is prohibited by these Terms or facilitate or encourage any violations of these Terms;
Provide any false personal information on the Services or create an account for anyone other than yourself without the express prior written permission of gatherX;
"Stalk", harm, abuse or otherwise harass any person or advocate or incite such behavior;
Solicit login information, passwords or access an account belonging to someone else;
Express or imply that gatherX endorses any statements you make without our express prior written permission;
Ask or use Members to conceal the identity, source, or destination of any illegally gained money or products;
Use any robot, spider, scraper, harvesting bot, hack, mod, cheats, exploits, site search/retrieval application, or other manual or automatic device or process to access the Services, or retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
Collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services;
Access, tamper with, or use non-public areas of Services, gatherX’s systems, or our technical providers’ systems;
Break or circumvent gatherX’s security measures or otherwise test the vulnerability of our systems or networks;
Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party software);
"Frame" or "mirror" any part of the Services, without gatherX's prior written authorization;
Use meta tags or code or other devices containing any reference to gatherX, the Services (or any trademark, trade name, service mark, logo or slogan of gatherX) to direct any person to any other website or application for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services, or cause others to do so;
Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Services other than solely in connection with your use of the Services in accordance with these Terms;
Promote or solicit involvement in or support of a political platform, religion, cult or sect;
Post Content that is intended to interfere with others’ enjoyment of the Services;
Solicit gambling or engage in any gambling or similar activity; and
Do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other Services functionality.
You will promptly report to gatherX any violation of these Terms by users of the Services of which you become aware.
gatherX may promote, advertise, or sponsor functions, events, offers, products, services, competitions, or other activities that may be conducted offline and by third parties. These external activities may be subject to separate terms and conditions. You acknowledge that you participate in any external activities entirely at your own risk. gatherX does not accept any liability for any loss, damage, cost, or expense that you suffer or incur as a result of or in connection with your participation in said external activities. To the maximum extent permitted by law, gatherX excludes all implied representations and warranties that might apply in relation to your participation in relation to such external activities. To the extent that our liability cannot be excluded by law, gatherX’s maximum liability to you will be limited to the amount paid by you for your participation in the event.
Charges to Your Account
gatherX bills you through an online account (your “Billing Account”) for your purchase of paid Premium memberships or other payments which you make on the Services. You agree to pay gatherX all charges at the prices you agreed to using your Billing Account, and you authorize gatherX to charge your chosen payment provider (your “Payment Method”) with respect thereto. You agree to make payment using that selected Payment Method. gatherX may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, gatherX may in its discretion terminate your account immediately. If gatherX successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account reinstated.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify gatherX if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the Services. If you fail to provide gatherX any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. In the event of unusual activity, gatherX reserves the right to temporarily or permanently suspend payment via your credit card and contact you, your bank, or any relevant third party to report such unusual activity. gatherX will review requests for refunds on a case-by-case basis, and any decision will be made at gatherX’s sole discretion.
gatherX uses sophisticated security measures to protect your financial information and transactions, however, it cannot guarantee that these security measures cannot be breached. You agree that if you make a payment on the Services (including for the purchase of any paid Premium memberships), you do so at your own risk and agree to release gatherX and their respective directors, officers and employees from any and all losses, costs and liability incurred as a result of any compromises to the security of your financial information.
Modifications to Service
gatherX reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that gatherX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, gatherX reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services.
Communications and Test Profiles
Third Party Content
The Services may contain, and the Services or third parties may provide, third-party content, information, statements, opinions, advice, advertisements, goods, services, promotions or other materials offered by third parties and links to other third-party web sites or pages, resources and third-party content (“Third Party Content”). You acknowledge and agree that gatherX does not monitor, update or review or have any control over any Third Party Content, is not responsible for the availability of such Third Party Content, and does not endorse and is not responsible or liable for any Third Party Content. Such third party authors are solely responsible for such content. Gather Online does not make any representations or warranties of any kind regarding the Third Party Content, including regarding its completeness, accuracy or non-infringement of third-party intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIRD PARTY CONTENT SHALL BE AT YOUR OWN RISK AND THAT gatherX SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE UPON, ANY THIRD PARTY CONTENT OR TRANSMITTED TO OR BY ANY MEMBERS, AND YOU HEREBY RELEASE gatherX AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ALL CLAIMS, LIABILITIES AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM OR ACTION YOU MAY HAVE AGAINST ANY SUCH THIRD PARTIES. You agree that the provisions of this section shall survive any termination of your account or of the Services.
Copyright Policy; Procedure for Making Claims of Copyright Infringement
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is gatherX’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. gatherX has implemented this policy in accordance with the 1998 US Digital Millennium Copyright Act (“DMCA”) to the extent that you are involved in any claim of copyright infringement to which the DMCA may be applicable, with the intention that the implementation of this procedure is also intended to comply with the Australian Copyright Amendment (Digital Agenda) Act 2000. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information (upon receipt of such information, gatherX will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services):
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed; sufficient identification of the material that is claimed to be infringing and where it is located on the Services;
Your address, telephone number and email address;
A written 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; 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 are authorized to act on behalf of the owner.
The above information must be submitted to gatherX’s Designated Copyright Agent at firstname.lastname@example.org or the following address:
Designated Copyright Agent
c/o gatherx.com Legal
8/79 Elizabeth Bay Road
Elizabeth Bay 2011, Sydney, Australia
If you receive a notification that any content which you have posted on the Services has been removed due a copyright complaint, it means that the content has been deleted from the Services at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to post new content on the Services, and your account may be disabled completely. If you believe any content you posted was removed in error, you have the option to file a counter-notice by submitting the following information to email@example.com:
Your name, address and telephone number;
The DMCA identification number at the bottom of the notification email;
The source address of the content that was removed;
A statement under penalty of perjury that you have a good faith belief that the content was removed in error;
A statement that you consent to the jurisdiction of the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which gatherX may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person; and
Your physical or electronic signature.
When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed. Please be aware that there are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
You acknowledge and agree that neither gatherX, nor their respective directors, officers, employees and agents nor any third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content (including Third Party Content) posted on the Services or provided in connection with the Services, whether caused by Members or any of the equipment or programming associated with or utilized in the Services; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or Third Party Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Services. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, gatherX PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND THIRD PARTY CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. gatherX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING, OR THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES.
In addition to the preceding paragraph and other provisions of these Terms, any advice that may be posted on the Services is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. gatherX makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
You agree that the provisions of this section shall survive any termination of your account or of the Services.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL gatherX, THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, THEIR BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF gatherX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF gatherX FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. You agree that the provisions of this section shall survive any termination of your account or of the Services.
You hereby release and waive any and all claims, actions and/or liability against gatherX and their respective directors, officers, employees, independent contractors, service providers, consultants, agents and partners arising from or in connection with your use of the Services. You agree to indemnify and hold gatherX and their respective directors, officers, employees, independent contractors, service providers, consultants, agents and partners, harmless from any claims, suits, proceedings, disputes, loss, liability, claim, or demand, including reasonable attorney's fees, arising out of or in any way related to (i) your use of the Services, (ii) your breach of or failure to comply with these Terms (including any breach of your representations and warranties contained herein) and/or any other gatherX terms or policies, (iii) your violation of any other person’s rights, (iv) your conduct in connection with the Services, (v) any postings of Content or Third Party Content (by you or any other user), or (vi) the violation of any law or regulation by you. gatherX reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with gatherX in connection therewith. You agree that the provisions of this section shall survive any termination of your account or of the Services.
The Company may provide you with notices using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Services. Such notices may not be received if you violate these Terms by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
Entire Agreement; Force Majeure; Other
Applicable Law; Jurisdiction
These Terms are governed by and construed in accordance with the State of New South Wales, Australia (subject to the application of any principle of conflict of laws inconsistent with this requirement). By accessing the Services, you agree that in the event that a dispute arises from, or relates to, these Terms or any Content or Third Party Content posted thereon, you agree to submit to the [exclusive] jurisdiction of the courts of New South Wales, Australia.
The Services (excluding any linked third party sites) is controlled by gatherX. Use of the Services may be prohibited or restricted in certain countries. You are responsible for complying with the laws and regulations of the country or territory from which you access or use the Services. The Services may be accessed throughout Australia and overseas. gatherX makes no representation that the content of the Services complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.