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Terms of Use

 

Welcome to TGS Connect (“TGSC,” “we” and “us”). We are an online video service which provides users the opportunity to select from various offerings of live and on-demand programming, including interviews, movies, clips, and other content (collectively, the “Content”). Please read to learn the rules and restrictions that govern your use of our website, products, services and applications (the “Services”), and charges, taxes, and fees we bill you. These Terms include information about using our website or mobile app (“Platform”) and contain information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us connect@thegatheringspot.club. These Terms of Use (the “Terms”) are a binding contract between you and us. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. By using the Service in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy (LINK).

 

  1. Agreement to Terms and Updates: By accessing or using the Platform, you acknowledge that you have read, understand and agree to be bound by these Terms, including the Privacy Policy, which is incorporated herein by this reference. These agreements, which form an agreement between you and TGSC that is effective as if you had signed it. YOUR ACCESS TO AND USE OF THE PLATFORM AND ITS SERVICES ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND YOU MUST DISCONTINUE USE OF THE PLATFORM IMMEDIATELY. TGSC may revise the Terms at any time by posting the revised Terms on the Platform, and you agree that your use of the Platform after such changes will constitute your acceptance of such changes. TGSC may make changes to the Platform, Services, or features of the Platform at any time. You understand and agree that TGSC may discontinue or restrict your use of the Platform at any time, for any reason or no reason, with or without notice.

 

  1. Permitted Users: The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you are a parent or guardian and believe TGSC may have inadvertently collected personal information from your child under age 13, please notify TGSC immediately by sending an email to connect@thegatheringspot.club. detailing the basis of your belief and your request.

 

  1. Membership: While we may offer Content from time-to- time for free, we charge a fee to access the Service. If you wish to fully access the Platform and use the Service, you must sign up as a member (“Member”). We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms.

 

3.2       Membership Information: You will be asked to supply certain information relevant to your Membership including, without limitation, your name, industry, credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Membership; and that (ii) the information you supply to us is true, correct and complete. The Platform may employ the use of third party services for the purpose of facilitating payment and the completion of your Membership. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to cancel your Membership at any time for reasons including but not limited to: product or service availability, errors in the description or price of the Membership, error in your application or other reasons.

 

3.3       Payment Method: You will be required to provide a credit card or other payment method accepted by TGSC, as may be updated from time to time (“Payment Method”). You are solely responsible for any and all fees charged to your Payment Method, including any SMS or bank charges. When you provide a Payment Method, a temporary pre-authorization hold is placed to verify that the card is valid and has funds available for your Membership. You may edit your Payment Method information by logging in on the TGSC Site and viewing your account details. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees.

 

3.4       Cancellation: You can cancel your subscription by clicking on this LINK. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Period. Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service. There are circumstances where TGSC may provide credits on a case-by-case basis. The amount and form of such credits, and the decision to provide them, are at TGSC’s sole and absolute discretion. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration provision.

 

 

3.5       Right to Modify Pricing: TGSC reserves the right to change the terms of your Membership, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.

 

3.6       Billing: As used in these Terms, “billing” shall be either a charge or debit, as applicable, against your Payment Method. Your initial Membership is valid for a period of thirty (30) days from the date you begin your Membership, and we shall bill your Payment Method a monthly subscription fee on a recurring basis corresponding to the term of your Membership. We will automatically bill your Payment Method on the later of the day you start your subscription, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your Membership. Where applicable, charges for the Service may be prorated for any partial month of service. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28).

 

  1. Content:

 

4.1       Prohibited Uses: You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, including the Content, except that you may access and display material and all other content displayed on this Service for non-commercial, personal, entertainment use on a single computer or device only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by TGSC in any part of this Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. TGSC respects the intellectual property rights of others and asks users of this Service to do the same.

 

4.2       Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and TGSC does not guarantee that you will agree with them. You acknowledge these risks.

 

4.3       Content Quality. TGSC uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the among other things, format of the Content, your location, the speed and bandwidth of your internet service, and the devices used. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, TGSC is unable to make any warranties about the Content in these respects.

 

  1. Privacy Policy: Please review the Privacy Policy for the Platform, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Platform.

 

  1. Password and Security. You agree that you will not share your account or Membership information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services. The security, integrity and confidentiality of your information are extremely important to us.  We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.

 

  1. Your Indemnity of TGSC: You agree to hold harmless and indemnify TGSC, its employees, agents, representatives, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the Platform, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature.

 

  1. Additional Conditions: TGSC reserves the right to terminate your Membership or access to any or all of the Services offered by TGSC at any time without notice for any reason whatsoever. You agree to use the Services provided by TGSC only for their intended lawful purposes and in accordance with all applicable laws.

 

  1. Copyright and Other Intellectual Property: The Platform, including without limitation, the text, software, graphics, photos, and videos, and Services are owned by or licensed to TGSC, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. TGSC reserves all rights not expressly granted in and to the Platform and said Services, including all copyright, trademarks, service marks and other intellectual property rights on this Platform. The names, images and logos identifying TGSC are proprietary marks of TGSC. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of TGSC, its associated companies and affiliates, or any third party unless expressly stated otherwise.

 

  1. 10. Links to Other Websites: The Platform may links to websites operated by other parties. The use of other websites is at your own risk. TGSC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that TGSC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

  1. 11. Modifications: TGSC reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Platform, Services, or any portion thereof, with or without notice. You agree that TGSC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or Services.

 

  1. Disclaimers and Limitation of Liability: THE WEBSITE AND ALL SERVICES ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY PURCHASE AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND PURCHASE IS AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Notice and Procedure for Making Claims of Copyright Infringement

 

DMCA Compliance: If you believe in good faith that your copyrighted work has been reproduced and is accessible on the Platform or through the Services in a way that constitutes copyright infringement, please provide our DMCA Agent with a written communication containing the following information:

 

(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the Platform that is requested to be removed;

(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;

(e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and

(f) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.

 

Claims of infringement which include the above required information must be submitted via postal mail or e-mail to TGSC’s DMCA Agent as follows: connect@thegatheringspot.club.

 

We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

 

  1. Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

 

  1. Notice Required by California Law: Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this service is connect@thegatheringspot.club. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the provider of this service at The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

 

  1. Arbitration Agreement: PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TGSC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Both you and TGSC acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, TGSC’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

 

(a) Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Fulton County, Georgia. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

(b) Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. The parties shall initially equally split all arbitration fees. The prevailing party will be entitled to receive the costs of the arbitration as well as payment of the other party’s attorneys’ fees and costs in arbitration.

(c) Small Claims Court. Furthermore, either you or TGSC may assert claims, if they qualify, in small claims court in Fulton County, Georgia.

(d) Waiver of Jury Trial. YOU AND TGSC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and TGSC are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and TGSC over whether to vacate or enforce an arbitration award, YOU AND TGSC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE MEMBER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 384 Northyards Blvd., NW 30313 postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or TGSC to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and TGSC agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Fulton County, Georgia, or the Northern District of Georgia.

 

  1. Governing Law and Disputes: Any dispute between you and TGSC arising out of or relating to these Terms, the Privacy Policy, the Platform or its Services shall be governed by, and will be construed in accordance with, the laws of the State of Georgia, without regard to choice of law principles. You agree to submit to the jurisdiction and venue of the federal and state courts located in Fulton County, Georgia. The Platform is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Platform from locations outside of the United States do so on their own risk, and are responsible for compliance with local laws. TGSC reserves the right to limit the availability of the Platform for any person, geographic area or jurisdiction at any time in its sole discretion. We reserve the right to disclose any information about you or your use of the Platform in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

  1. Miscellaneous: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. TGSC’s failure to act with respect to any failure by you or others to comply with these Terms does not waive TGSC’s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy and Cancellation Policy (herein) set forth the entire understanding and agreement between you and TGSC with respect to the subject matter hereof. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of TGSC, and any assignment or transfer in violation of this provision shall be null and void. TGSC reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Platform, including without limitation the right to block access from a particular internet address.

 

Except as expressly set forth in the section the arbitration agreement, you and TGSC agree there are no third party beneficiaries intended under these Terms.

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