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Terms of Service

Change Date of Privacy Policy: August 1, 2023

Agreement between User and Effortless Messaging LLC

Welcome to GatherHall. The www.GatherHall.com website, the GatherHall application, GatherHall services, software modules and/or mobile applications (collectively, “GatherHall”) are all subject to these Terms of Service. GatherHall is provided by Effortless Messaging LLC. When used herein, “GatherHall,” “us,” “we,” and “our” refer to Effortless Messaging LLC. GatherHall includes, but is not limited to, an Open Platform Chat App, News and Information and Ecommerce site. GatherHall is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of GatherHall constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
In addition, when using GatherHall, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the Terms. For example, your use of GatherHall is subject to our Website Copyright Policy. You further agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to this agreement.

Description of GatherHall

GatherHall makes available a collection of resources to its registered and nonregistered users as part of our services. Registered users can create content (as defined by “Use of Communication Services” below), select favorites, edit, rate, comment and read other user’s content. Non-registered users can browse topics, profiles, and other user’s content.

GATHERHALL’S SERVICES ARE PROVIDED “AS IS” AND GATHERHALL ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, GATHERHALL PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.

Unless explicitly stated otherwise, any new features which augment or enhance GatherHall, including without limitation the release of new GatherHall properties, are subject to the then current Terms. All users must abide by the Terms. If a user fails to follow any of the guidelines and/or rules of behavior, GatherHall LLC can discontinue their ability to use the site at any time. In addition, we have the right to delete any piece of content, and provide comment on any topic or profile we find objectionable in our reasonable discretion. You may only use this website for purposes expressly permitted by the Terms. As a condition of your use of GatherHall, you represent and warrant to GatherHall that you will not use the website and any service for any purpose that is unlawful, offensive, and/or prohibited by these Terms.

You alone are totally responsible for any activity that takes place on GatherHall under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify GatherHall immediately. It is always up to you to maintain the confidentiality of your password and username.

You understand that you may receive business-related communications from GatherHall such as service announcements and account administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of GatherHall you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through GatherHall, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that GatherHall shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on GatherHall.

Personally Identifiable Information

We collect Personally Identifiable Information about you as discussed herein. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These services may include: (a) registering for a GatherHall account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing GatherHall products and services. In summary, Effortless Messaging LLC reserves the right to use your information for reasons including, but not limited to, communicating with you in relation to services and/or products you have requested from us.

Future Collection of your Personal Information

GatherHall reserves the right to collect or gather additional personal or non-personal information in the future. The types of personal or non-personal information that GatherHall reserves the right to collect or gather in the future include, but are not limited to: (1) birthdate, (2) biometric data, (3) organizational associations, (4) personal interests/hobbies, (5) location data, (6) sales habits, and (7) shopping habits.

Use of your Personal Information

Effortless Messaging LLC collects and uses your Personally Identifiable Information to operate its website and mobile application and deliver the services you have requested. “Personally Identifiable Information” includes, but is not limited to, e-mail, name, address, and telephone number. Effortless Messaging LLC may also use your Personally Identifiable Information to inform you of other products or services available from GatherHall and its affiliates.

GatherHall may use your Personally Identifiable Information for any of the following:

  1. To identify you when you sign in to your account;
  2. To respond to your requests and to provide you with services;
  3. To respond to your inquiries and contact you about changes to GatherHall or services;
  4. To send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving, and for billing and collection purposes;
  5. To send you information we think you may find useful or that you have requested from us;
  6. To enhance and improve GatherHall or services, such as through personalized features and content;
  7. To analyze the use of GatherHall and services and the people visiting to improve our content and GatherHall and services;
  8. To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies, or as otherwise required by law;
  9. For any other purposes disclosed at the time the information is collected or to which you consent; and
  10. As otherwise specifically described in this Privacy Policy.

GatherHall LLC also reserves the right to use your data for any lawful business purpose that does not involve disclosure to third parties, except as explicitly set forth below.

Sharing Information with Third Parties

GatherHall will not give, sell, rent, lease, or otherwise bestow its customer lists, which include your name, to any non-vendor third parties or to non Trusted Partners.

GatherHall may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique Personally Identifiable Information is not transferred to the third party.

“Trusted Partners” are other individuals or business entities with which GatherHall has established a contractual relationship. GatherHall may share data with Trusted Partners for a variety of functions including, but not limited to, helping perform statistical analysis, sending you email or postal mail, providing customer support, or arranging for deliveries. All such third parties are prohibited from using your personal information except to provide these services to GatherHall, and they are required to maintain the confidentiality of your information.

If GatherHall becomes aware of improper storage then GatherHall will consider implementing additional restrictions on Third Party Technology Providers or changing Third Party Technology Providers. However, GatherHall will not be liable for any breaches of confidentiality by Third Party Technology Providers provided.

We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of GatherHall, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to GatherHall usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

GatherHall may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to:

  1. conform to the edicts of the law or comply with legal process served on GatherHall or the site;
  2. protect and defend the rights or property of GatherHall; and/or
  3. act under exigent circumstances to protect the personal safety of users of GatherHall, or the public.

Disclosures of your Personal Information to Law Enforcement

We may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.

Advertisers

We disclose aggregate information about our users to advertisers and for other marketing and promotional purposes. However, we do not disclose any personally identifying information to any of these entities.

GatherHall Interface

Throughout GatherHall, you are identified by your User ID. Unless you select a unique User ID, our system automatically sets your User ID as your e-mail address. In this situation, where you are identified on GatherHall by your User ID, you disclose your e-mail address to other users and third parties. As a result, other users and third parties might send you unsolicited e-mail and be able to personally identify all of your activities on GatherHall. Others may attempt to automatically collect your e-mail address from GatherHall. Even if your User ID is not your e mail address, your User ID can be used to identify you and your activities throughout GatherHall. Other people can see your activities on GatherHall, including any of your comments and postings on GatherHall, and so on.

Privacy

Your use of GatherHall is subject to GatherHall LLC’s Privacy Policy. Please review our Privacy Policy, which also governs GatherHall and informs users of our data collection practices.

Electronic Communications

Visiting www.GatherHall.com, using the GatherHall application, using GatherHall, or sending emails to GatherHall constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on GatherHall, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GatherHall is not responsible for third party access to your account that results from theft or misappropriation of your account. GatherHall and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Tracking User Behavior

GatherHall may keep track of the websites and pages our users visit within GatherHall to determine what GatherHall services are the most popular. This data is used to deliver customized content and advertising within GatherHall to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by GatherHall. This information can include, but is not limited to: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the GatherHall website. This information is compiled and analyzed on an aggregate basis. This information may include the URL that you just came from, which URL you next go to, what browser you are using, and your IP address, among other things. This information will not be shared with third parties except as set forth in the section “Sharing Information with Third Parties” above.

Information about your mobile device hardware and software may also be automatically collected by GatherHall. This information may include, but is not limited to: type of mobile device; advertising Identifier (“IDFA” or “AdID”); operating system and version (e.g., iOS,Android or Windows); carrier; and network type (WiFi, 3G, 4G, LTE).

Use of Cookies

The GatherHall website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies are small files that can be used to track a user’s steps or automatically generate a user’s password. Some features of our website may only be available through the use of a cookie. Among other things, cookies allow you to enter your password less frequently during a session.

Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on GatherHall.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell GatherHall that you have returned to a specific page. For example, if you personalize GatherHall pages, or register with GatherHall services, a cookie helps GatherHall to recall your specific information for a subsequent visit. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to GatherHall, the information you previously provided can be retrieved, so you can easily use the GatherHall features that you customized.

First and Third Party Cookies

“First party Cookies” are cookies that belong to Effortless Messaging LLC and that Effortless Messaging LLC places on your device. “Third party Cookies” are cookies that another party places on your device through GatherHall. GatherHall may contract with third party service providers to send e-mails to users who have provided us with their contact information. To help measure and improve the effectiveness of our e-mail communications, and/or to determine whether messages have been opened and links clicked on, the third party service providers may place Cookies on the devices of these users.

Depending on what part of GatherHall you access, we use the following types of cookies:

“Persistent Cookies.” We use Persistent Cookies to improve your experience of using GatherHall. This includes recording your acceptance of our Cookie Policy to remove the cookie message which first appears when you use the Sites.

“Session Cookies.” Session Cookies are temporary and deleted from your machine when your web browser closes. We use session Cookies to help us track internet usage as described above.

The data collected by GatherHall and through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfill the purposes mentioned above. In any event, such information will not be kept for longer than one year.

Types of Cookies and Purposes

Our Cookies are used for the following purposes:

Cookie Type – Purpose

  1. Strictly Necessary/Technical – These Cookies are necessary to allow us to operate GatherHall so you may access them as you have requested. These Cookies, for example, let us recognize that you have created an account and have logged into that account to access GatherHall content. They also include Cookies that enable us to remember your previous actions within the same browsing session and secure GatherHall.
  2. Analytical/Performance – These Cookies are used by us or third party service providers to analyze how the sites are used and how they are performing. For example, these Cookies track what pages are most frequently visited, and from what locations our visitors come from. If you subscribe to a newsletter or otherwise register with GatherHall, these Cookies may be correlated to you. These Cookies include, for example, Google Analytics cookies.
  3. Functionality – These Cookies let us operate GatherHall in accordance with the choices you make. These Cookies permit us to “remember” you in-between visits. For instance, we will recognize your user name and remember how you customized GatherHall and services, for example by adjusting text size, fonts, languages and other parts of web pages that are alterable, and provide you with the same customizations during future visits.
  4. Third Party Advertising – These Cookies collect information about your activities on these and other sites to provide you targeted advertising. We may also allow our third party service providers to use Cookies on GatherHall for the same purposes identified above, including collecting information about your online activities over time and across different websites. The third party service providers that generate these Cookies, such as Adobe, Google, LinkedIn, Twitter and Facebook, have their own privacy policies, and may use their Cookies to target advertising to you on other websites, based on your visit to GatherHall.

Declining Cookies

You may refuse to accept browser Cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of GatherHall. Unless you have adjusted your browser setting so that it will refuse Cookies, our system will issue Cookies when you direct your browser to GatherHall.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects Personally Identifiable Information. GatherHall does not ensure or warrant that any links to other sites are vetted by GatherHall or are otherwise reviewed or approved by GatherHall.

Direct Disclosure of Personal Information

If you directly disclose Personally Identifiable Information or personally sensitive data through GatherHall’s public message boards, this information may be collected and used by others. GatherHall does not ensure or warrant that any Personally Identifiable Information or personally sensitive data disclosed through GatherHall’s public message boards will remain private or unattainable by third parties.

Security of your Personal Information

GatherHall secures your personal information from unauthorized access, use, or disclosure. GatherHall uses the following methods for this purpose:

– SSL Protocol

When Personally Identifiable Information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We take commercially reasonable steps to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that:

  1. there are security and privacy limitations inherent to the Internet which are beyond our control; and
  2. security, integrity, and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed. As such, GatherHall DISCLAIMS ANY LIABILITY FOR USER INFORMATION THAT IS ACCESSED, USED, OR DISCLOSED BY UNAUTHORIZED THIRD PARTIES IN VIOLATION OF GatherHall SECURITY MEASURES.

Right to Access your Personal Information

You have the right to receive a copy of certain Personal Information we collect from you. This comprises any personal information we process on the basis of your consent (e.g., voluntarily provided profile data) or pursuant to our contract with you (e.g., profile data), as described in the section “Collection of your Personal Information”. You have the right to receive this information in a structured, commonly used and machine-readable format. You can exercise your right to export your data by contacting GatherHall directly using the information provided in the section “Contact Information” below.

Retention of Data

We may retain your Personally Identifiable Information. Should you or we terminate your account for any reason, we may take steps to ensure that your Personally Identifiable Information is no longer available through GatherHall or otherwise used by us (subject to technical limitations) after such account termination.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we may:

  • Delete your personal information from our records; and
  • Direct any service providers to delete your personal information from their records.

note that Please we may not be able to comply with requests to delete your personal information if it is necessary to:

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality; • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with an existing legal obligation; or
  • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information

Children Under Thirteen

GatherHall does not knowingly collect Personally Identifiable Information from children thirteen (13)years of age and younger. If you are under the age of thirteen (13), you must ask your parent or guardian for permission to use GatherHall.
Links to Third Party Sites/Third Party Services

GatherHall may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GatherHall and GatherHall is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GatherHall is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GatherHall of the site or any association with its operators.

Certain services made available via GatherHall are delivered by third party sites and organizations. By using any product, service or functionality originating from the GatherHall domain, you hereby acknowledge and consent that GatherHall may share such information and data with any third party with whom GatherHall has a contractual relationship to provide the requested product, service or functionality on behalf of GatherHall users and customers.

Disconnecting your GatherHall Account from Third Party Websites

BY CONNECTING YOUR GatherHall ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE. You may disconnect your account from a third party account at any time. Users may learn how to disconnect their accounts from third-party websites by visiting their “My Account” page. Users may also contact us via email or telephone. GatherHall does not guarantee that Personally Identifiable Information revealed to third parties by use of this feature will be deleted upon disconnecting your GatherHall account from those third party accounts.

App Stores

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as Personally Identifiable Information, Payment Information, locational information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

Acquisitions and Mergers

In the event that we or all or substantially all of our assets are acquired, or Effortless Messaging LLC merges with another business entity, we expect that the information that we have collected, including personal Information, would be transferred along with our other business assets.

E-mail Communications

From time to time, GatherHall may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.

If you would like to stop receiving marketing or promotional communications via email from GatherHall, you may opt out of such communications by Customers may unsubscribe from emails by “replying STOP” or “clicking on the UNSUBSCRIBE button..

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Changes to this Statement

Effortless Messaging LLC reserves the right to change this Privacy Policy at any time with sufficient notice. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Any of the above modes of providing notice will constitute sufficient notice, but other modes of providing notice may also be sufficient. Your continued use of GatherHall after such modifications will constitute your:

  1. acknowledgment of the modified Privacy Policy; and
  2. agreement to abide and be bound by that Policy.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use GatherHall strictly in accordance with these Terms. As a condition of your use of GatherHall, you warrant to GatherHall LLC that you will not use GatherHall for any purpose that is unlawful or prohibited by these fTerms. You may not use GatherHall in any manner which could damage, disable, overburden, or impair GatherHall or interfere with any other party’s use and enjoyment of GatherHall. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through GatherHall.

All content included as part of GatherHall’s service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on GatherHall, is the property of GatherHall or its suppliers and may be protected by copyright, trademark, patent, and any other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on GatherHall. GatherHall content is not for resale. Your use of GatherHall does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GatherHall and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GatherHall or our licensors except as expressly authorized by these Terms.

Use of Communication Services

GatherHall may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

You agree that when using a Communication Service, you will not intentionally, knowingly, or recklessly, do any of the following, including, but not limited to: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

GatherHall has no obligation to monitor the Communication Services. However, GatherHall reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GatherHall reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

GatherHall reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GatherHall’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GatherHall does not control or endorse the content, messages or information found in any Communication Service and, therefore, GATHERHALL SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE. Managers and hosts are not authorized GatherHall spokespersons, and their views do not necessarily reflect those of GatherHall.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Additional Rules of Behavior for Engaging in Communication Services

Notwithstanding your obligations under the section “Use of Communication Services” above, you further acknowledge, comprehend, and warrant that:

  • You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use GatherHall to post and receive communications and content that are legal and proper.
  • You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
  • You must not violate the privacy or publicity rights of others.
  • You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
  • You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
  • You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
  • You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, email addresses, and/or health or financial information of any kind, without the users’ prior express consent in each instance.
  • You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
  • You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
  • You must not impersonate another person, group of people, or entity at any times, which includes not using anyone else’s username or password.
  • You must not use the GatherHall service for any illegal, immoral, or unauthorized purpose.
  • You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable content including without limitation the exportation of data to the United States or to your country or residence.
  • You cannot modify, edit, or delete any content and communications of the GatherHall site and/or of other individuals other than your own content.
  • You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
  • You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in GatherHall.
  • You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.
  • You must not interfere with or disrupt GatherHall or servers or networks connected with GatherHall or disobey any requirements, procedures, policies or regulations of networks connected to GatherHall.
  • You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
  • You must not state or imply that any of your submitted and or posted content is endorsed by [name of website] or any affiliate thereof.
  • You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
  • You must not engage in any “spamming” of any kind, including without limitation ad spamming.
  • You cannot use the GatherHall name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that GatherHall LLC is associated with, or endorses, or is in any way connected with you, your business, or your content.

WHILE GATHERHALL EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT GATHERHALL SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY GATHERHALL IN WRITING. YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, GATHERHALL CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

Website Copyright Policy

GatherHall respects the intellectual property rights of others and expects our users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, GatherHall has implemented procedures for reporting instances of copyright infringement.

If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through GatherHall’s servers infringes your copyrighted work, you may submit a notice of copyright infringement by filling out our online form, located at https://www.gatherhall.com/copyright-infringement-online-form/.

Alternatively, you may send a written notice of copyright infringement to our designated agent, whose contact information is listed below:

Ruy Garcia-Zamor
Garcia-Zamor Intellectual Property Law, LLC
12960 Linden Church Road
Clarksville, MD 21029

www.garcia-zamor.com
[email protected]
(410) 531-9853

The notice of copyright infringement should provide the following information:

  1. A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works).
  2. A description of the material on our servers that you claim is infringing.
  3. Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).
  4. Your contact information, including your address, telephone number, and an email address.
  5. A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  7. Your physical or electronic signature (typing your full legal name is sufficient).

Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information, to the subscriber/user who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, GatherHall will immediately notify the subscriber/user that the content has been removed or disabled.
It is also the policy of GatherHall, in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of subscribers/users who are repeat copyright infringers.
If you believe that a notice of copyright infringement has been wrongfully submitted against you, you may file a counter-notification with GatherHall’s designated agent via  https://www.gatherhall.com/copyright-counter-notification-online-form/  or by sending a written counter-notification to the address above.

The counter-notification should contain the following information:

  1. Your name, mailing address, telephone number, and email address..
  2. The material removed or to which access has been disabled and the location at which the material previously appeared (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).
  3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. A statement that you consent to the jurisdiction of the Federal District Court: (i) in the judicial district where your address is located, or (ii) in the United States District Court for the District of Mayland, if your address is located outside the United States, and that you will accept service of process from the Complainant who submitted the notice of infringement or his or her agent.
  5. Your physical or electronic signature (typing your full legal name is sufficient).

Upon receipt of a valid counter-notification, GatherHall will promptly forward a copy to the Complainant who submitted the notice of infringement. If the Complainant does not notify us, within ten (10) business days, that he or she has filed a legal action relating to the allegedly infringing material, we will restore the material to our servers within 10–14 business days thereafter.

Materials Provided to GatherHall or Posted on Any GatherHall Web Page

GatherHall does not claim ownership of the materials you provide to GatherHall (including feedback and suggestions) or post, upload, input or submit to any GatherHall site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GatherHall, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. GatherHall is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GatherHall’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, YOU WARRANT AND REPRESENT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO YOUR SUBMISSION AS DESCRIBED IN THIS SECTION INCLUDING, WITHOUT LIMITATION, ALL THE RIGHTS NECESSARY FOR YOU TO PROVIDE, POST, UPLOAD, INPUT OR SUBMIT THE SUBMISSIONS.

Do Not Rely on GatherHall

Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from GatherHall LLC or any GatherHall user. GatherHall LLC does not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

Third Party Accounts

You will be able to connect your GatherHall account to third party accounts. By connecting your GatherHall account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). This feature operates in accordance with the Privacy Policy. If you do not want information about you to be shared in this manner, do not use this feature.

International Users

GatherHall is controlled, operated and administered by GatherHall LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GatherHall Content accessed through GatherHall in any country or in any manner prohibited by any applicable laws, restrictions or regulations. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through GatherHall, you consent to this transfer.

Indemnification

You agree to indemnify, defend and hold harmless GatherHall, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use GatherHall or services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GatherHall reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GatherHall in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.

Class Action Waiver

Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and GatherHall agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GATHERHALL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GATHERHALL LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN GATHERHALL AT ANY TIME.

GATHERHALL LLC MAKEs NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON GATHERHALL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GATHERHALL LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GATHERHALL LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF GATHERHALL, WITH THE DELAY OR INABILITY TO USE GATHERHALL OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH GATHERHALL, OR OTHERWISE ARISING OUT OF THE USE OF GATHERHALL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GATHERHALL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF GATHERHALL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GATHERHALL.

Termination/Access Restriction

GatherHall reserves the right, in its sole discretion, to terminate your access to GatherHall and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of GatherHall. Use of GatherHall is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GatherHall as a result of this agreement or use of GatherHall. GatherHall’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GatherHall’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of GatherHall or information provided to or gathered by GatherHall with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GatherHall with respect to GatherHall and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GatherHall with respect to GatherHall. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to the Terms

GatherHall reserves the right, in its sole discretion, to change the Terms under which GatherHall is offered. The most current version of the Terms will supersede all previous versions. GatherHall encourages you to periodically review the Terms to stay informed of our updates.

General Information

These Terms govern the terms and conditions of your use of GatherHall, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GatherHall LLC with respect to GatherHall and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of GatherHall, affiliate or advertiser services, third-party content or third-party software.

Severability

If any provision is found to be invalid, the remaining provisions will be in full force and effect.

Governing Law

These Terms shall be governed by the laws of the State of Maryland without regard to its conflict of laws principles. Users agree to waive any objection for lack of personal jurisdiction over them in connection with any such disputes.

Contact Information

GatherHall welcomes your questions or comments regarding the Terms of Use. If you have any questions, please contact Effortless Messaging LLC at:

Effortless Messaging LLC

PO Box 341372
Bethesda MD 20827,
USA

Email Address:

[email protected]

Telephone number:

(240) 810-2029

Calls may be monitored and recorded for quality control or training purposes./