2.1 Customer Access to Services To access the Services,
you must either create an account, create a virtual space within Gather (“Virtual Space”), or enter a previously created Virtual Space. The quality of your user experience in a Virtual Space may depend heavily upon your compliance with usage guidelines provided by Gather (for example,
here). If Customer creates a Virtual Space, Customer assumes sole responsibility to ensure that only authorized users will be invited to its Virtual Space and permitted to access the Services, and acknowledges that Gather may refuse access to Virtual Spaces or cancel accounts in its reasonable discretion. Gather may also suspend Customer’s access to the Services: (i) for scheduled or emergency maintenance, (ii) due to unavailability of services (including network and hosting services) provided by a third party service provider, or (iii) in the event Customer is in material breach of this Agreement, including failure to pay any amounts due to Gather.
2.2 Customer Content and Data As between the parties, Customer owns Customer Content and Customer assumes sole responsibility for all Customer’s activity in connection with the Services, such as uploading Customer Content onto the Platform. You provide us with a license to use Customer Content uploaded to the Platform only as necessary to provide the Services. Gather makes no representations or warranties as to the privacy of interactions in a Virtual Space or Customer Content created within or uploaded to a Virtual Space. The privacy of a meeting depends on the conversation controls set by the Customer. If you would like assistance in creating a private meeting space, please contact support@gather.town. Gather processes personal data in connection with data protection laws and its DPA can be found
here. You may request a countersigned version of the DPA but Gather will not negotiate its terms.
2.3 Customer Use of Services Customer shall use the Services in compliance with all applicable laws and regulations, including without limitation those related to data privacy, international communications, export and the transmission of technical or personal data, consumer and child protection, obscenity or defamation. Gather is not intended for children and you may not permit a child under the age of eighteen to access the Platform or Services.
2.4 Customer Use Restrictions Customer agrees that it shall not (and shall not knowingly permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Services; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (iv) use the Services for the benefit of an unauthorized third party; (v) remove or otherwise alter any proprietary notices or labels from the Services, or any portion thereof; or (vi) use the Services to build an application, product or service that is competitive with any Gather product or service.
Customer agrees that it shall not (and shall not knowingly permit any third party to) take any action (including uploading, downloading, posting, submitting or otherwise distributing or facilitating distribution of any material through the Services) that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (iv) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Gather or any third party; or (v) impersonates any person or entity, including any employee or representative of Gather.
Customer agrees that it shall not: (i) interfere or attempt to interfere with the proper working of the Services or any activities conducted in connection with the Services; or (ii) bypass any measures Gather may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
If Customer creates a Virtual Space, Customer is responsible for ensuring that any user that interacts within that Virtual Space is fully informed about any Customer data privacy practices (not limited to obligations related to third party scripts for analytics or tracking or other tracking measures implemented by Customer). Moreover, Customer agrees that, where required by applicable privacy laws and regulations, Customer will ensure that it obtains all necessary consents, and provides all necessary notices, for the collection or processing of personal data under any applicable data privacy laws.