Terms of Service

Last updated: 1/16/2024

Welcome to Gathers, an event platform operated by Gathers Social Inc., a Delaware corporation ("Gathers," "we," "us," or "our").

By accessing our website at https://gathers.social (the "Platform"), registering for an account, or attending any Gathers events, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Code of Conduct, which together form a legally binding agreement between you and Gathers.

Eligibility

To access and use our Platform, you must be at least 21 years of age. By creating an account, registering for an event, or otherwise using our Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you do not meet the age requirement or are otherwise not eligible, you are prohibited from using our Platform.

Guests

As a user of our Platform, you may have the option to bring guests to our events. Guests must also be at least 21 years of age and comply with all requirements set forth in these Terms, our Code of Conduct, Privacy Policy, and any other applicable rules or policies. You are responsible for the eligibility and conduct of your guests and ensuring that they comply with all applicable requirements.

Account Registration and Security

To create a Gathers account, you begin by providing your phone number. A verification code will then be sent to your mobile device to complete the registration process. You must:

  • Provide accurate and complete information about yourself, as requested during the registration process.
  • Keep all verification codes confidential and use them only for account setup or access.
  • Update your phone number in our records promptly if it changes.
  • Take responsibility for all activities under your account.

Your account's security depends on the confidentiality and proper use of the verification codes sent to your phone. If you have any concerns about unauthorized account usage or a security breach, please notify us immediately.

Communications Consent

By providing your phone number to Gathers and verifying it via a code sent to your mobile device, you consent to receive both transactional and marketing text messages integral to the services we provide.

Communications from Gathers include:

  • Transactional messages, which may include authentication codes from our auth provider, updates or notifications regarding an event RSVP, and replies to customer support inquiries.
  • Marketing messages, which may include invitations to future events and other promotional communications.

To opt-out of future marketing messages, reply "STOP" to any marketing message you've received from our dedicated number. You will receive one confirmation message upon successful opt-out.

Please be aware that authentication messages, which are a type of transactional message sent from a number different from our marketing communications, are for verification purposes only. Responses to these messages, including a reply of "STOP", are not processed as they are necessary for securing your account and ensuring the integrity of our services.

Standard message and data rates may apply to all SMS communications you receive from us.

User Conduct

By using our Platform and attending events organized by Gathers, you and any guests you bring agree to act responsibly, respectfully, and lawfully. You are responsible for your actions, the actions of your guests, and the consequences thereof. You also agree to comply with our Code of Conduct.

  1. Prohibited Conduct: You and your guests agree not to engage in any conduct that is harmful, harassing, threatening, abusive, defamatory, or otherwise objectionable, including but not limited to:

    • Discrimination or harassment based on race, religion, gender, sexual orientation, disability, or any other protected characteristic;
    • Illegal activities, including the use, possession, or distribution of controlled substances;
    • Unauthorized use or disclosure of another user's personal information;
    • Any activity that infringes upon the rights of others, such as intellectual property rights or privacy rights;
    • Solicitation or spam, including the promotion of goods or services unrelated to our Platform or events;
    • Using our Platform for any fraudulent or malicious purposes.

  2. Consequences of Violations: We reserve the right, in our sole discretion, to remove or ban users and their guests who violate these Terms, engage in prohibited conduct, or otherwise disrupt the Platform or events. Users who engage in prohibited conduct or violate these Terms or our Code of Conduct, as well as their guests, may forfeit payment without refund. We may also report any unlawful conduct to appropriate law enforcement authorities.

  3. Reporting Misconduct: If you witness or become aware of any misconduct or violations of these Terms by a user or their guest(s), please report the incident to us promptly by contacting us at hello@gathers.social. We will investigate and take appropriate action in response to any reported violations.

Third-Party Venues and Events

Relationship with Third-Party Venues

Gathers partners with various third-party venues to host events for its users. While Gathers coordinates and facilitates these events, the third-party venues are solely responsible for the quality and safety of their services, including the provision of food, beverages, and any other amenities. Gathers does not own or operate these venues, nor does it have control over their operations.

Venue Rules and Regulations

By attending an event at a third-party venue, you and your guests agree to comply with all rules, regulations, and policies imposed by the venue, including any applicable age restrictions and dress codes. You acknowledge that the venue may have its own rules regarding the consumption of alcohol and other substances, and you agree to abide by those rules.

Event Cancellations or Changes

Gathers reserves the right to cancel or modify events due to unforeseen circumstances, such as venue closures, inclement weather, or other factors beyond our control. In such cases, we will endeavor to notify users as promptly as possible and provide information about refunds or rescheduling, if applicable.

Venue-Related Issues

If you encounter any issues or concerns related to a third-party venue during an event, please address them directly with the venue's staff or management. While Gathers aims to collaborate with reputable venues, we are not responsible for the actions or inactions of third-party venues or their staff.

Payments, Refunds, and Cancellations

Payments

By purchasing a ticket for an event through the Gathers platform, you agree to pay the listed price for that event. All payments must be made through the payment methods provided on our platform, including our third-party payment processor, Stripe. You are responsible for any applicable taxes, fees, or other charges associated with your purchase. Gathers reserves the right to change the prices for events at any time, without prior notice.

Payment Processing

Gathers uses Stripe, a third-party payment processor, to process payments made on our platform. By making a payment, you agree to abide by Stripe's terms and conditions, and you acknowledge that Gathers is not responsible for the security or performance of Stripe's payment processing services.

Refunds

All sales are final, and no refunds will be issued for purchased tickets, except in the following circumstances:

  • The event is canceled by Gathers or the third-party venue;
  • The event is rescheduled, and you are unable to attend the rescheduled date;
  • As required by applicable law.

In these cases, Gathers will process a refund within a reasonable time frame. Please note that refund processing times may vary depending on the payment method used and the policies of Stripe.

Cancellations

If you are unable to attend an event for which you have purchased a ticket, please notify Gathers as soon as possible. Each event may have its own cancellation policy, which you must adhere to. Cancellations outside the specified event's cancellation window will not be refunded. However, at Gathers' sole discretion, we may consider offering refunds on a one-off basis or under specific extenuating circumstances. Additionally, we may, at our sole discretion, allow you to apply the ticket value towards a future event, subject to availability.

No-Show Policy

If you do not attend an event for which you have purchased a ticket and have not notified Gathers in advance of your inability to attend, your payment will be forfeited, and you will not be eligible for a refund or credit.

Privacy Policy

By using the Gathers platform, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. Our Privacy Policy explains how we collect, use, protect, and disclose your personal information when you access or use our platform, attend events, or otherwise interact with Gathers.

We may share your information with third-party service providers, such as payment processors and other vendors, to facilitate the services provided through our platform. We may also share your information with third-party venues hosting events to ensure a smooth experience for all participants. We will not sell or rent your personal information to third parties for marketing purposes without your express consent.

Please review our Privacy Policy carefully to understand our practices regarding your personal information. If you do not agree with our Privacy Policy, you should not use our platform or services.

Intellectual Property Rights

All content, features, and functionality on the Gathers platform, including but not limited to text, graphics, logos, icons, images, and the selection and arrangement thereof, are the exclusive property of Gathers or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

By using our platform and participating in our events, you agree not to copy, reproduce, distribute, transmit, display, perform, publish, license, modify, create derivative works from, or exploit in any way any content or materials on our platform, except as expressly permitted by these Terms.

Gathers and its licensors retain all rights, title, and interest in and to the platform and all associated intellectual property rights. You acknowledge and agree that you do not acquire any ownership rights or other interests in any intellectual property by accessing or using the platform or attending events.

If you believe that your intellectual property rights have been infringed upon by any content on our platform, please notify us at hello@gathers.social with a detailed description of the alleged infringement, and we will promptly investigate the matter.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Gathers, its affiliates, directors, officers, employees, agents, licensors, or any third-party providers be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, other intangible losses, personal injury, or property damage (even if such parties have been advised of the possibility of such damages), arising out of or in connection with your use of the Gathers platform or attendance at any Gathers events.

Without limiting the foregoing, Gathers assumes no responsibility for, and shall not be liable for any damages arising from or relating to the acts or omissions of any third-party venues or service providers, the conduct of other users or guests, unauthorized access to or alteration of your data or information, or any errors, omissions, or inaccuracies in any content or information available on or through the platform.

In no event shall Gathers be liable for any personal injury, property damage, or other damages arising out of or relating to your attendance at Gathers events, including but not limited to injuries resulting from the consumption of alcohol, participation in activities, or the actions of other attendees or guests.

Gathers's total cumulative liability arising out of or in connection with these Terms, the Gathers platform, or any Gathers events, whether based on contract, tort, or any other legal theory, shall in no event exceed the total amount of fees paid by you to Gathers in the six (6) months preceding the event giving rise to the claim.

The limitations of liability set forth in this section shall apply even if a limited remedy specified herein is found to have failed of its essential purpose, and the limitations shall apply to the fullest extent allowed by law. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so some of the above limitations may not apply to you. In such cases, Gathers's liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Gathers, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the platform, your attendance at Gathers events, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

Termination

Gathers reserves the right to suspend or terminate your account and access to the platform and its services at any time, for any reason, and without notice, at our sole discretion. Upon termination, all rights and licenses granted to you under these Terms will immediately cease, and you must promptly discontinue all use of the platform and its services.

Governing Law and Dispute Resolution

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware to the extent they pertain to corporate governance matters of Gathers Social Inc., a Delaware corporation. For matters relating to the operations of Gathers and events conducted within the State of New York, the laws of New York State will apply.

We conduct our SMS communications in accordance with all applicable laws and guidelines including, but not limited to, the Telephone Consumer Protection Act (TCPA), the guidelines of the Cellular Telecommunications Industry Association (CTIA), and relevant state and federal regulations. We are committed to protecting your privacy and ensuring that all messages sent to you through our services are compliant with these laws and guidelines.

Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be removed, and the remaining provisions shall be enforced to the fullest extent under the law. A waiver by Gathers of any term or condition of these Terms in any instance shall not be deemed or construed as a waiver of such term or condition for the future or any subsequent breach thereof.

Changes to Terms

Gathers reserves the right to change, modify, add, or remove portions of these Terms at any time, at its sole discretion. Please check these Terms periodically for any changes. Your continued use of the platform and attendance at Gathers events following the posting of changes to these Terms constitutes your acceptance of those changes.

Contact Information

If you have any questions or concerns regarding these Terms or any aspect of our platform or services, please contact us at hello@gathers.social.