Membership Terms & Conditions
Any individual, business, or other entity who registers with Gather as a Member, visits the Premises as a guest of Gather or Member, or benefits from Gather’s services in any way agrees to be bound by these Terms & Conditions as follows:
1. At all times when the Member is in or around the building in which the Premises are located (the "Building"), the Member shall display professional and respectful conduct and shall not act in any way that may unreasonably disturb other members or occupants of the Building.
2. The Member shall not possess any illegal drugs or substances while in the Building or the Premises.
3. The Member shall only consume alcohol on the Premises during pre-organized events and in designated areas of the Premises. The Member shall not possess or consume any alcohol on the Premises if the Member is under the age of 21 years and shall not encourage, assist or knowingly permit any person who is under the age of 21 years to possess or consume alcohol on the Premises.
4. The Member shall not use the Premises or the Membership Benefits for any illegal or unlawful purposes. The Member shall not commit any unlawful or illegal act while on the Premises or in the Building. Member shall use the Premises for general office use and other similar services only. Said operations shall be in compliance with all applicable laws, ordinances, and governmental regulations. Member will not permit anything to be done at the Premises that either directly or indirectly is in conflict with insurance policies carried on the Premises or the property of which it is a part. Nor shall Member take any action, which might increase the premium of such insurance or adversely affect coverage.
5. The Member shall comply with all security procedures required or implemented by Gather with respect the Member’s use of the Premises and the Membership Benefits.
6. Member shall not permit any waste or nuisance upon the Premises, nor shall Member obstruct or interfere with the rights of other occupants. Determination of such rights and resulting penalties, if not otherwise specified, shall be at Gather's determination.
7. The Member shall safeguard all keys or access codes to the Building or the Premises provided by Gather and shall not duplicate any keys or provide such access codes to any other person or entity. The Member shall be responsible for all costs and expenses incurred by Gather as a result of the theft, or loss of any keys, access codes, parking passes, or other Gather accessories to the Building or Premises provided to the Member.
8. The Member shall comply with all security requirements promulgated by Gather from time to time.
9. Gather shall have no obligation to police or monitor any use of the Premises or the Membership Benefits by the Member or by any other Members or to screen or vet any Members prior to their access or use of the Premises or the Membership Benefits. The Member is solely responsible for safeguarding its computer, data, and personal belongings.
10. The Member is solely responsible for all personal and business interactions with any other Member and should exercise prudence and discretion in connection with any personal or business relationship with any other Member.
11. The Membership Benefits may not be available at all times for the Member’s use as a result of technical issues with, or scheduled maintenance or repair of, Gather's networks or equipment and/or the use of equipment and space by other Members. Members are expected to work together in a collaborative and professional manner with respect to use of common space and equipment. Gather is not liable for any loss suffered by a member due to the malfunctioning or unavailability of Gather’s equipment.
12. No parking is provided by Gather. The Member shall be solely responsible for arranging for parking in an appropriate designated parking space at the Member’s own expense. The Member shall not park in spaces designated for guests or tenants of the Premises unless expressly authorized in advance by Gather.
13. The Member will be liable to Gather for all damage to the Premises or any equipment, networks or property owned or used by Gather that is caused by the acts or omissions of the Member or its guests, regardless of whether such damage is caused accidentally or intentionally.
14. If Gather provides any food or beverages for the Member’s consumption, the Member shall be solely responsible for being aware of any allergic, dietary or other health conditions enable that may affect the Member’s ability to safely consume such food and beverages.
15. The Member’s guests, employees, affiliates, or contractors are expressly bound by the terms of the Membership Benefits, Membership Rules and Network Policy.
16. Except for special, pre-organized events, the Member shall not invite any person or guest to the Premises or permit any other person to use any Membership Benefits without the prior consent of Gather. The Member shall be solely responsible and liable for the acts and omissions of all of its guests and any other person whom the Member invites to the Premises or permit to use any of the Membership Benefits.
17. Member shall not make any alterations, additions or improvements to the Premises without the prior written consent of Gather. Member shall take good care of the Premises and repair in a good and workmanlike manner all damage and injury to the Premises and fixtures required as a result of Member’s carelessness, misuse, or neglect, or as a result of damage or defacement of the building, or any part hereof by reason of Member's occupancy or the actions of its agents, employees, visitors, contractors, assignees or licensees.
18. Any alteration, additions or improvements made by Member to the Premises shall become the property of Gather.
19. Should Gather provide Member with furniture or equipment, Member shall return said furniture or equipment to Gather upon termination of the Membership Benefits in the same condition they were provided, normal wear and tear excluded.
20. Whenever any breakage or damage occurs to either the Premises or the building or property of which this Premises is a part, Member shall immediately notify Gather who shall cause same to be repaired or replaced at Gather's expenses, unless such damage is Member's or their guest’s or their affiliate’s fault, as specified elsewhere in this Agreement, in which case such repair expenses shall be borne by Member. Should Member fail to perform such repairs or replacements, Gather may do so after l0 days notice, and the cost of such repairs or replacements shall become collectable as additional payments hereunder and shall be paid by Member within 10 days after presentation of a statement thereof.
21. Member may install Member’s sign in the place so designated on the Premises, provided that such sign shall be subject to Gather’s prior written approval as to material, color, design, and content. Member will not, without the prior written consent of Gather in its sole discretion use or permit the walls, roof, or any other part of the Premises to be used for advertising purposes.
2. In connection with the Member’s use of the Services, if the Member gains access to information that is owned by, created by, developed by, or otherwise proprietary to, Gather or its affiliates ("Confidential Information"), the Member shall hold all Confidential Information in strictest confidence and shall not disclose, use, or publish any Confidential Information. The Member agrees to safeguard all materials containing or incorporating any Confidential Information, whether written or otherwise, and agree not to copy, duplicate, display or distribute such materials. The Member acknowledges and agrees that it will not knowingly attempt to access any Confidential Information or any confidential or private personal or business information relating to any other member of Gather who uses the Services.
3. The Member shall not use any of the Membership benefits, equipment or Gather Network:
a. in any manner that (a) damages, disables, overburdens, impairs, or should reasonably be expected to damage, disable, overburden, or impair, any Gather network, network infrastructure, any network(s) connected to any Gather network or computers, and/or any equipment or property of Gather; and/or (b) unreasonably interferes with any other Members' use and enjoyment of any Membership Benefits.
b. To gain, or attempt to gain, unauthorized access to the use of any Membership Benefits (including any computer or telecommunication Membership Benefits) except in the manner and by the means expressly authorized by Gather.
c. To access, or attempt to access, any account, computer, computer systems, software or networks of Gather or any other Member of Gather through hacking, password mining or any other unlawful or unauthorized means.
d. For, or in connection with, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise), or to commit any act in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM).
e. In any manner to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of any other person or entity.
f. to publish, post, upload, distribute or disseminate any inappropriate, offensive, profane, defamatory, obscene, indecent, violent, or unlawful materials or information.
g. to upload, post, download, distribute, access, make available, or use any files, software or materials that are owned by third parties or otherwise protected by intellectual property laws, including without limitation, copyrighted materials (such as music files) and materials protected by trademark, patent or trade secret laws, unless the Member owns or controls the rights thereto or have received all necessary consent to take the actions undertaken by the Member with respect thereto.
h. to upload, post, download, distribute, access, make available, or use any files, software or materials that contain viruses, or any other similar software or programs that may erase or alter data, or otherwise damage the business interests of others.
i. to harvest, disseminate or collect information about any other person (including any other Member), including email addresses, without the authorization or consent of such person.
j. to create a false identity or otherwise for the purpose of deceiving or misleading others.
k. in any manner that violates the proprietary, contractual or intellectual property (including patent, copyright, trademark or trade secret) of Gather or any other person or entity.