Terms of Use

The Gist.

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.

1. Introduction.

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.

2. General Rules.

• Allowed Age: Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
• Your GGather Account and Security: Use of our Services requires a GGather account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You are responsible for keeping your password secure. You must immediately notify GGather of any unauthorized uses of your account, or any other breaches of security. GGather will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
• Your Email: You agree to provide us with your accurate email address when you register for an account. And you give us permission to submit transactional email messages to that address. You can unsubscribe from marketing emails at any time you want by using "Unsubscribe", "Opt Out" or similar button in the emails you received. Some email messages are required and can't be opted out from (e.g. email messages used to inform you about any important matters related to your account security, payments and similar). We will never spam your inbox.
• Your Subdomain: If you create an account on GGather, you may get to use an GGather-owned subdomain, such as example.ggather.com or mollys-food.ggather.com. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.
• Responsibility of Contributors: If you operate a public account, comment on a public account content, post material to GGather, post links on GGather, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By submitting Content to GGather for inclusion on your website, you grant GGather a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your public account. This license allows GGather to make publicly-posted content available to third parties selected by GGather (through Amazon Web Services, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other GGather users permission to share your Content on other GGather websites and add their own Content to it. If you delete Content, GGather will use reasonable efforts to remove it from GGather, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, GGather has the right (though not the obligation) to, in GGather’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in GGather’s reasonable opinion, violates any GGather policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of GGather to any individual or entity for any reason. GGather will have no obligation to provide a refund of any amounts previously paid.
• Prohibited Uses. When using GGather, you agree not to:
  • Publish material or engage in activity that is illegal under applicable law.
  • Overburden GGather’s systems, as determined by us in our sole discretion.
  • Disclose the sensitive personal information of others.
  • Send spam or bulk unsolicited messages.
  • Interfere with, disrupt, or attack any service or network.
  • Distribute material that is or enables malware, spyware, adware, or other malicious code.
  • Use GGather’s name, logo, trademark or branding without our consent
  • Access, tamper with or use non-public areas of GGather, our systems or our technical providers' systems
  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
  • Use any method to access, search, scrape, download or change GGather or anything on it without prior permission (software and tools provided by GGather or popular browsers are okay)
  • Collect large amounts of unwanted or repetitive stuff, post unsolicited commercial messages in comments, descriptions, etc., or try to artificially boost views, follows, comments or other metrics
  • Use affiliate or redirect links that create a confusing experience for GGather Users. Our systems will block most affiliate links, so your page won't load
  • Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent
  • Use GGather user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use GGather to send altered source-identifying information
  • Try to reverse engineer any of GGather’s software
  • Try to interfere with any GGather user, host or network, for example by sending a virus, overloading, spamming or mail-bombing
  • Collect or store personally identifiable information from GGather or its users without their permission
  • Impersonate or misrepresent your affiliation with any person or entity, including GGather
  • Do anything that violates applicable law or regulations
  • Share your password, let anyone access your account or do anything that might put your account at risk
  • Sell your username or otherwise transfer it for compensation
  • Create or show ads that look like or could be confused with GGather content
  • Compensate or incentivize GGather users to take actions on GGather such as following
  • Encourage or help anyone do any of the things on this list
• You aren’t allowed to save or publish anything that:
  • Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services
  • Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm
  • Promotes self-harm, eating disorders or hard drug abuse
  • Attacks, bullies or harasses public or nonpublic people
  • Includes hate speech
  • Is gratuitously violent or gory
  • Infringes anyone's intellectual property, privacy or other rights
  • Is fraudulent or deceptive
  • Is someone else's personal information or requests a minor's personal information
  • Contains any information or content that’s illegal
• If you run a contest or other type of promotion on GGather, please don’t:
  • Suggest that GGather sponsors or endorses you or the promotion
  • Require people to create tags or links from a selection
  • Make people follow your tags or profile with contest rules
  • Run a sweepstakes where each tag, profile or follow represents an entry
  • Encourage spammy behavior, such as asking participants to comment
  • Ask GGather Users to vote with follow, tags or likes
  • Require a minimum number of tags, follow count, etc.
• Advertisements: GGather reserves the right to display advertisements anywhere on the GGather, including your public account.
• Feedback You Provide: We value hearing from our users, and are always interested in learning about ways we can make GGather more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, GGather does not waive any rights to use similar or related Feedback previously known to GGather, or developed by its employees, or obtained from sources other than you.

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5. Responsibility of Visitors.

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.

6. Fees, Payment, and Renewal.

• Fees. Some of our Services are offered for a fee, while other Services may be free with optional paid upgrades, such as a GGather plan (“Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
• Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
• Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
• Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a GGather annual plan, you will be charged each year.
• Refunds. While you may cancel a Paid Service at any time, refunds are issued in our or our Merchant of Record sole discretion.
• Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

7. Content Posted on Other Websites.

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.

8. Third Party Services.

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:

• Third Party Services are not vetted, endorsed, or controlled by GGather.
• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
• Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
• Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
• If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

9. Copyright Infringement.

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.

10. Intellectual Property.

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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13. Changes.

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.

14. Termination.

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.

15. Disclaimer of Warranties.

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.

16. Jurisdiction and Applicable Law.

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.

17. Arbitration Agreement.

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.

18. Limitation of Liability.

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.

19. General Representation and Warranty.

You represent and warrant that your use of our Services:

• Will be in strict accordance with this Agreement;
• Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
• Will not infringe or misappropriate the intellectual property rights of any third party.

20. US Economic Sanctions.

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.

21. Indemnification.

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.

22. Translation.

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.

23. Miscellaneous.

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.