Below are our Terms of Use. We also have Privacy Policy and Cookies Policy.
We run a website, web application and mobile application called GGather and would love for you to use it. GGather’s basic service is free, and we offer paid plans for advanced features. Our service is designed to give you as much control and ownership over what goes on your account as much as possible and encourage you to use it freely. However, be responsible in what you save and/or publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) are saved and/or published on your account.
The following terms and conditions (“Terms”) govern all use of the GGather and all content, services, and products available at or through the GGather API (GGather Core), GGather website, GGather web application or GGather mobile application (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, GGather’s Privacy Policy, GGather's Cookies Policy and procedures that may be published from time to time by GGather (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
We refer to Dominik Serafin (which is a name of the company that makes GGather) as "GGather Company" or “we” throughout this agreement.
We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent. If you reside in the “Designated Countries,” your agreement is with GGather Company. If you reside outside of the “Designated Countries,” your agreement is also with GGather Company.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by GGather, acceptance is expressly limited to these Terms.
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We have not reviewed, and cannot review, all of the material (such as computer software, items for sale, or content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which GGather links, and that link to GGather. GGather does not have any control over those non-GGather websites, and is not responsible for their contents or their use. By linking to a non-GGather website, GGather does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GGather disclaims any responsibility for any harm resulting from your use of non-GGather websites and webpages.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
As GGather asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GGather violates your copyright, you are encouraged to notify GGather about it. GGather will respond to such notices when possible, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. GGather will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of GGather or others. In the case of such termination, GGather will have no obligation to provide a refund of any amounts previously paid to GGather.
This Agreement does not transfer from GGather to you any GGather or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with GGather. GGather, GGather.com, the GGather logo, and all other trademarks, service marks, graphics and logos used in connection with GGather or our Services, are trademarks or registered trademarks of GGather or GGather’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any GGather or third-party trademarks.
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We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
GGather may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GGather account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided “as is.” GGather and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GGather nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the country of Poland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in country of Poland.
For any dispute you have with us, you agree to contact us as a first step and try to resolve the dispute with us informally. If we haven't been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. you agree that, by entering into these terms, you and GGather are each waiving the right to a trial by jury or to participate in a class action. The arbitration shall take place in country of Poland and the arbitral decision may be enforced in any court.
In no event will GGather, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to GGather under this Agreement during the twelve (12) month period prior to the cause of action. GGather shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that your use of our Services:
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and GGather reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless GGather, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post, and any ecommerce activities conducted through your or another user’s site.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between GGather and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GGather, or by the posting by GGather of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GGather may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document was last updated on 1st January 2019.
This legal document was derived (and modified accordingly to fit this service) from Automattic legal documents that are under Creative Commons Sharealike license. This legal document is under the same license.
Thank you Automattic for being such good sports when it comes to sharing knowledge, transparency and open source.