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Terms of Service

Acceptance and Acknowledgement: Gatheritup maintains this website as a service to its members. By using the website owned, operated, and/or maintained by Gatheritup, you are expressly agreeing to comply with and be bound by the following Terms of Service and the Gatheritup Privacy Policy Statement, as well as all applicable laws and regulations. If you do not agree with these Terms of Services, you are not authorized to use the Gatheritup site. Gatheritup may revise and update these Terms of Services at any time; please periodically review them, because your continued usage of the Gatheritup site indicates your agreement with any such changes.

Copyright. Ownership. Permitted Use: All content included on the Gatheritup site, such as text, graphics, logos, button icons, images, template, audio clips, documents, forms, and information, is the property of Gatheritup or its content suppliers and protected by U.S. and international copyright laws. The compilation (the collection, arrangement, and assembly) of all content on the Gatheritup site is the exclusive property of Gatheritup and protected by U.S. and international copyright laws. All software used on the Gatheritup site is the property of Gatheritup or its software suppliers and protected by U.S. and international copyright laws.

The content and software on the Gatheritup site may be used by approved members only, and Gatheritup hereby authorizes you to use the Gatheritup site. Such personal use is subject to the following conditions: (i) copyright, trademark, and other proprietary notices may not be removed. (ii) you may not copy, reproduce, or distribute the design or layout of the Gatheritup site, including logos, or other design elements of the software. (iii) any use of the Gatheritup site content not described herein is strictly prohibited.

Disclaimer and Limitation of Liability: Gatheritup will not be held liable for member use of the information provided within the website. The information furnished on the Gatheritup website are deemed reliable, and no warranty, express or implied, is made to the accuracy thereof. The user of Gatheritup acknowledges that laws vary from state to state and country to country and may change over time and that you may need to make certain changes and revisions to your content to meet your specific needs and the laws in your state or country.

The information available on the Gatheritup site are provided “as is” without any express or implied warranty of any kind, including but not limited to warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Gatheritup or its agents or officers be liable for any damages including but not limited to damages for loss of profits, business interruption, or loss of information arising out of the use of the Gatheritup website. Any materials uploaded or downloaded or otherwise obtained through the use of the Gatheritup site is done at your own discretion and risk, and you are solely responsible for any damages to your computer system or loss of data that results from the uploading or downloading of any such material.

Each member of Gatheritup assumes all responsibility and risk associated with the use of all and any materials on said site. Gatheritup does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any of the documents, forms, and information on said site.

Registration Process for Members: You must register in your own name and provide true and current information. When you fill out a registration form on this site, you will be asked to provide pertinent information. Upon completing and successfully submitting your registration form to Gatheritup, you will receive access and privileges to the Gatheritup website. You agree to indemnify and hold harmless Gatheritup for losses incurred by Gatheritup or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential.

Privacy: Privacy is taken very seriously at Gatheritup: Our privacy policy is simple: We will not provide, rent, or make available in any way our member information to any parties outside of Gatheritup. All member information is stored off-line in an encrypted format within a secure data environment. To gain access to Gatheritup (the website), you will need to provide some basic information to make a purchase. The personal information requested is necessary to process your order and will not be shared with any other party outside of the processing agent. Member order information, i.e. bill-to or credit card information, is used only to process your order and is not stored on our site. Your email address is used only to send a verification notice, and in some instances you may receive an email from us notifying you of new updates, and important information.

As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality, or legality of any sites to which we may provide links. You hereby waive any claim you might have against Gatheritup with respect to such sites. You will not consider Gatheritup, nor will Gatheritup be construed as, a party to such visits and/or transactions, whether or not Gatheritup may have received some form of revenue or other remuneration in connection with the visit and/or transaction. You agree that Gatheritup will not be liable for any costs or damages arising out of such visits and/or transactions, either directly or indirectly.

Refund Policy: If you are dissatisfied with Gatheritup services, you can cancel your membership and provide our Support Services Team with a written request for a refund within thirty (30) days of having paid the Registration Fee. If you are a member residing in a jurisdiction that requires a different refund policy, we will be happy to accommodate these requirements in accordance with applicable laws. After refund period, the fees paid by you are non-refundable and non-cancellable.

Fraudulent Charges: All requests to negate fraudulent credit card charges or fraudulent claims charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services on file. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.

Gatheritup reserves the right to modify this Refund Policy at its discretion, or against any member it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on the Gatheritup website. You agree to periodically review our website, including the current version of our Refund Policy. Our Refund Policy is made available on our website, and it is your responsibility and obligation to review this policy for any such revisions.

Our Guarantee to You: If there is a problem with your transaction or order, please visit our FAQ's section for answers to many of your questions. If you have questions or concerns about different applications or problems with our site, contact us as soon as possible so that we can resolve the situation in a timely manner.

Termination Policy: We can suspend or terminate your rights to use our services at any time at our sole and absolute discretion, including, without limitation, for any use or misuse of the website as follows: (a.) you will no longer have access to the website. (b.) all records and files created in your account will be storied and release to you in a PDF file upon written request to the email address on file.

If cancellation is made by member, the effective date and time for the cancellation will commence the moment you have issued the cancellation request. There will be no refunds or prorations made on prepaid memberships. Memberships will be canceled upon the expiration of the respective period for which you have already made payment for.

Renewal Policy: All members are given the option to renew at the rate indicated in the renewal section for an additional twelve months after their initial term has expired. A courtesy renewal notice will be sent to the email address on file. Members renewing after thirty (30) days from the expiration date would be subject to the prevailing rates as indicated on the Gatheritup website. The renewal amount as quoted in the renewal section may be increased after the initial term to reflect any increase in Gatheritup’s operating expenses. Increases shall not exceed ten percent per year, and members will be given a thirty-day courtesy notice prior to expiration should an increase be necessary.

Non-Renewal or Expired Accounts: Members with non-renewal or expired accounts that have exceeded expiration by thirty (30) days are given ten (10) days limited access to their account so a PDF backup of their files (including all their text and images) can be created and downloaded to their device. If these members prefer, Gatheritup can create the backup PDF file for a charge of $50.00, paid in advance. Text, images, and links to videos are kept on our server for 40 days after cancellation. For more information on requesting limited access, or to have Gatheritup create a backup for you, contact us. If fewer than thirty (30) days have passed, members with non-renewal and expired accounts can renew their account by signing in on the home page, or they can renew by following the instructions in the courtesy email sent to the email address on file.

Data Storage Size and Limitations: All Gatheritup accounts come with 10 GB of data storage per year. Generally, most of our customers are happy with the 10 GB of data storage for text, images, and videos. However, if more data storage is needed or you exceed this limit, you will be notified by email and required to purchase more storage at a nominal fee. Exceeding the data storage limit will not cause immediate interruption to your account. If you don't use the allotted full data storage in a given year, the data allotment is lost and does not roll over to the next year. To maximize your data storage benefits, be sure to spend time with Gatheritup each month—saving, organizing, and sharing your memories and adventures with family and friends.

Maximum File Size (Videos): Video file upload size is limited to 120 megabytes per video (approximately 30 minutes in play time.) Upload times associated with larger files on slower Internet connections may take additional time. File sizes of videos vary, but the average for 720 pixels is around 4 megabytes per minute. That would mean on average it would take 40 megabytes of your data allowance to watch a 10 minute, 720 pixel video. If your video file is larger than 120 megabytes, Please shorten it by using a video editor.

Maximum File Size (Photos): There is no limit to the number of photos you can upload to a post. All photos are uploaded at their original size. Normally, this would be the original file you took off your camera or device. However, we suggest no more than 6 to 10 images be used per post to tell the story of your memory or adventure. This will keep the website performance fast and manageable for you and your Circle of Friends to enjoy.

Account Restoral: All members in good standing can request an account restoral upon paying a $75.00 fee in advance. Restoral includes available information through midnight the prior day from the date of your request. Please contact us by email if you would like to proceed. Emails are answered within 24 business hours. Our normal business hours are between 9 a.m. and 5 p.m. Pacific Standard Time, Monday through Friday.

Backup: All members are responsible for backing up their account information and data. You and Gatheritup share the responsibility of keeping your data secure and available. More specifically, Gatheritup is responsible for the software, infrastructure, and disaster recovery of the entire platform. You, as the user on the Gatheritup platform, are responsible for password security, permissions given to users and third party apps, and backups of the data you put into your account. It is imperative that you save all your original images and video files on your device as an additional backup. Text, images, and links to your videos are kept on our server for 40 days after cancellation.

Referral Credit: From time to time, and at its own discretion, Gatheritup can offer referral credit to members for referring other members to the website. Referral Credit can only be used by the member to offset the price of additional serviced offered by Gatheritup. Earned Referral Credit, from making such referral, will expire after twelve (12) consecutive months. At no time will Gatheritup offer a refund or compensation for any unused Referral Credit.

Governing Law and Jurisdiction: The Gatheritup website (excluding linked sites) is controlled by Gatheritup from its offices within the State of California, United States of America. The Gatheritup site can be accessed from all 50 states, as well as from other countries. As each of these states and countries have laws that may differ from those of California, by accessing the Gatheritup site, both you and Gatheritup agree that the statutes and laws of the State of California, without regard to the conflict of laws thereof, will apply to all matters relating to use of the Gatheritup site. You agree that exclusive jurisdiction for any dispute with Gatheritup, or in any way relating to your use of Gatheritup, resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving Gatheritup or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

DISCLAIMER AND LIMITATION OF LIABILITY: THIS WEBSITE PROVIDES THE INFORMATION, SERVICES, AND PRODUCTS "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THIS SITE'S FORUMS AND THAT YOUR USE OF THIS SITE'S FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THIS SITE'S FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULT.

ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OR PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED, OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.

General Disclaimer: While Gatheritup strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information it provides. Nor does Gatheritup warrant or guarantee that any files available for uploading or downloading will be free of defects. Neither Gatheritup nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors, or omissions in material published by Gatheritup.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses, or other destructive properties are present, the entire risk as to the quality and performance of Gatheritup and the accuracy and completeness of any information is with you.

Contact Us: If you are concerned that your information might have been compromised or misused in any way, please contact us at:

GATHERITUP
6150 Center Street, Unit 1234
Clayton, CA 94517
United States of America

Or contact us via email.