TERMS AND CONDITIONS
These terms and conditions constitute a legal agreement (the “Agreement”) between you and Gather (the “Applications & Services”). By downloading, installing Gather, you agree to be bound by this Agreement. Please read these terms and conditions carefully. If you do not agree with these terms and conditions, you may not download or use Gather and you must delete it immediately.
You acknowledge that you have only a royalty-free, non-exclusive, non- sublicensable, non-transferable and limited right to use Gather on non-commercial purpose. You may not reverse engineer, decompile or disassemble the Gather application or attempt to gain access to the source code for Gather, except and only to the extent that it is expressly permitted by applicable law. You will not transfer or assign any right or obligation hereunder without the prior written consent of Gather.
Your rights under this Agreement will automatically terminate if you breach any of your obligations under this Agreement. All rights not expressly granted are reserved by Gather.
II. User Obligations
Use of our Application & Service constitutes your acknowledgement and acceptance of these Terms and Conditions, which take effect on the date on which you first use our Applications & Services. By accessing, using and/or downloading materials from this application, you agree on your own behalf and on behalf of each entity and person on whose behalf you act, to abide by the terms and conditions set forth below.
Gather reserves the right to change these Terms and Conditions at any time and it is your responsibility to refer to and comply with these terms on accessing our Applications & Services. Your continued use of this application after changes are posted constitutes your acceptance of these terms and conditions as modified. If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this application and therefore should cease using this application immediately. Some Terms and Conditions may cover features not yet available by Gather, but are reserved to when they are made so.
You are responsible for the comments you post to Gather and any comment which contains inappropriate content would be removed by Gather. These inappropriate content include, but not limited to, contents which are in violation of relevant laws, regulations and practices, junk comments, unpopular advertisements or sales promotion, unwanted emails, etc.
The use of this application is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this application by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this application.
You agree to indemnify and keep indemnified Gather from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of our Applications & Services other than in accordance with these terms and conditions.
III. Copyright And Other Intellectual Property
The names, images and logos identifying Gather applications, associated companies or third parties and their products and services are proprietary marks of Gather, its affiliates or associated companies and/or third parties.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of Gather, its associated companies or any other third party.
All copyright, trademarks and other intellectual property rights in this application (including the design, arrangement and look and feel) and all material or content supplied as part of our Applications & Services shall remain at all times the property of Gather or Gather’s licensors.
In accessing the Gather application, you agree that you do so only for your own personal, non-commercial use. You may not agree to, permit or assist in any way any third party to crawl, copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without Gather prior written permission.
IV. Third Party Applications/ Links.
Gather is not responsible for the availability or content of any third party websites or material you access through this application. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Gather does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party applications, websites or material (including payment for and delivery of such products or services).
Gather is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to this application must be direct to any complete content page (and not any part of a page) within Gather and must not be viewed within the pages of any other application.
Gather disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this application. Links do not imply that Gather endorses, is affiliated or associated with any linked application, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked application is authorized to use any trademark, trade name, logo or copyright symbol of or any of its affiliates or subsidiaries.
V. Disclaimer/Limitation Of Liability.
This application and the information, names, images, pictures, logos and icons relating to www.gathernewscast.com Gather and/or any associated company, products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non- infringement, compatibility, security and accuracy.
The information and other materials included on this application may contain inaccuracies and typographical errors. Gather does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through Gather and its services (including, without limitation, the information provided through the use of any software).
You acknowledge that any reliance on any such statement or information shall be at your sole risk. Gather reserves the right, in our sole discretion, to correct any errors or omissions in any part of our application and services and to make changes to our applications and services and to the materials, products, programs, services or prices described in our applications and services at any time without notice.
In no event will Gather and/or its affiliates, third parties reliable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of our Applications & Services. These exclusions do not apply to death or personal injury caused by Gather’s negligence and only applies to the extent permitted by law.
Gather does not warrant that the functions contained in this application will be uninterrupted or error free or that defects will be corrected or that this application or the server that makes it available are free of viruses or bugs. Gather does not represent the full functionality, accuracy or reliability of any material. Gather may terminate, change, suspend or discontinue any aspect of this application, including the availability of any features of our Applications & Services, at any time without notice or liability.
From time to time, certain software which is the protected work of Gather or its suppliers may be made available to download from this application. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.
VII. Copyright Policy
Gather complies with the Digital Millennium Copyright Act of United States. (“DMCA”). We would respond to takedown notices and if you, the copyright owner or an authorized representative, believe that any content displayed by Gather infringes on your copyrights, you may submit a notification pursuant to the DMCA by providing us with the information as follows:
VIII. Applicable Law And Dispute Resolution
Initial Dispute Resolution.
- A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed
- Identification of the copyright claimed to have been infringed and where it is located in the Gather
- Information reasonably sufficient to permit Gather to contact you
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
- You may direct copyright infringement notifications to us by email: [email protected] We will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
We aim to address your concerns without the necessity of a formal legal claim. Before filing a claim against Gather with regard to the terms of this agreement or other matter arising out of your use of the Applications & Services, you agree to try to resolve the dispute informally by contacting us at [email protected]
We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either you or Gather may begin formal legal action, subject to the terms of this Agreement.
Choice of Law.
The validity, performance, construction, and interpretation of this Agreement shall be governed by the laws of Turkey. With respect to any disputes which cannot be resolved by our internal processes, and subject to the mandatory arbitration provision herein, you agree that jurisdiction for any legal action will be the state courts located in İstanbul, Turkey. The parties hereby consent to the personal jurisdiction of such courts as described above.
Waiver of Class Action.
You agree that any disputes against Gather are likely to be of a unique character, such that the aggregation of claims shall not constitute an effective method of dispute resolution. Accordingly, you expressly waive, disclaim, and forever discharge any right you may have to engage in a class action dispute against Gather. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Turkish Republic. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the Turkish courts. Any cause of action you may have with respect to your use of the Applications & Services must be commenced within one (1) year after the claim or cause of action arises.
IX. Other Miscellaneous Provisions
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.
Gather makes no representation that materials on this application are appropriate or available for use at other locations outside of Turkey and access to them from territories where their contents are illegal is prohibited. If you access this application from a location outside of the Turkey, you are responsible for compliance with all local laws.
The terms of this Agreement may be modified from time to time. The most recent revision will always be accessed at www.gathernewscast.com. If we make changes with respect to the terms of this Agreement, we will notify you by posting a notice on our website. You agree to accept any changes or revisions to these Terms by continuing to use Gather.
X. Contact us.
If you have any questions about this Agreement, please contact us at [email protected]
I. Information We Collect Account Information
When you create an account (“Account”), you will provide information, such as your username, password and email address. When you create an Account, you may also provide us with certain financial information, which will allow you to make purchases within the Application. You acknowledge that this information may be personal to you and by creating an Account on the Services and providing such information to us, you allow others, including us, to identify you.
If you access the Services using your Google, Facebook, Twitter, or other third party account, we may automatically collect certain information, such as your name, picture, and email address. We will use all information available through Google, Facebook, Twitter or any other third party platform you use to access the Services, in accordance with the respective policies of these services and your preferences selected through them. We may use your contact information to send you information about our Services or when we believe it is necessary, such as for Account recovery purposes.
Automatically Collected Information
We automatically collect information pertaining to your use of the Services. This information may be used both anonymously and non-anonymously. For example, we automatically collect information pertaining to the articles you read, how far you scroll through various articles, when articles are shared, when you comment on articles, and similar information. This information may be used anonymously to conduct analytics to help us improve the Services, as set forth in Section III, below. This information may also be used non-anonymously to provide you with your own use history, allow you to save articles using your Account, and to otherwise optimize your user experience.
The Application requires permission to read and write upon the storage drive of your device. By using the Services, you agree to provide us with permission for the foregoing.
Some mobile devices allow us to collect information about the contacts on your device. This information may be collected when available, but often cannot be collected from current generation smartphones and tablets. We will ask for your permission before collecting this type of information.
We may collect data about your location while you are using the Services. We may link location data to other information we have collected about you. You may stop sharing your location data by adjusting your mobile device’s location services settings. For instruction on changing the relevant settings, please contact your service provider or device manufacturer.
II. How We Collect Information
Cookies are small data files stored on your computer’s browser or device that store your preferences, enabling our website to recognize your browser and capture and remember certain information including user authentication, user preferences or language preferences. Cookies usually include an anonymous unique identifier and cannot retrieve any other data from your mobile device or pass on computer viruses.
You may be able to disable cookies in your browser or set up your browser to warn you before accepting certain cookies. Please note that if you disable cookies, some features the Services may become difficult or impossible to use.
Software Development Kits (“SDKs”)
We may sometimes use or partner with publishers or app developer platforms that use mobile SDKs, or use an SDK with our Application, to collect information such as mobile identifiers, in order to provide us with information on user devices and how those mobile devices might interact with our Services. We may also use this technology to deliver certain advertisements through the Services based on information associated with your mobile device, as more fully set forth below.
By using the Services, whether as a registered user or otherwise, you acknowledge and agree that you are giving us your consent to track your activities and your use of the Services through the technologies described above, and that we may use such tracking technologies in the emails we send to you.
III. How We Use Information
We strive to provide you with the best possible Services. Accordingly, we may use the information we collect to provide, analyze, administer, enhance and personalize our services and marketing efforts, to create your Account, and to communicate with you, and to allow you to communicate with others, on these and other topics. By way of example, we may use your information to: • Determine your general geographic location, provide you with personalized news content, and quickly and efficiently respond to inquiries and requests; • Analyze your usage of the Services, and the way you interact with the Services, to help us understand our audience, improve the Services, and optimize the delivery of content to you; • Prevent, detect and investigate potentially prohibited or illegal activities, including the enforcement of our Terms; • Provide you with relevant advertising content, as required by certain Service Agreements (as such term is defined below) that we maintain with third parties; and • Communicate with you concerning the Services (for example, by email) so that we can send you news, details about new features of the Services, special offers and promotions, and to assist you with operational requests.
We use these technologies to help provided the Services to you and in order to save your profile and preferences for future visits or compile aggregate data about website traffic and interaction so that we can offer a better user experience and tools in the future. Further, these technologies also help us deliver ads for relevant products and services.
IV. Information Disclosure
We may disclose your information for certain purposes, and to third parties, as described below:
Disclosure to Gather Agents and Employees
We may disclose your information to our agents, employees, contractors and affiliates for the purpose of providing and improving the Services, as set forth above. For the avoidance of doubt, this includes disclosures which help us improve the Services, administer operation requests (such as technical support), and deliver content to you.
Disclosure to Third Parties
The Services are the product of our efforts to aggregate news from thousands of trusted news sources. To deliver our services, we have partnered with trusted third parties, including other companies, agents, and contractors (collectively, “Service Providers”). We maintain agreements with our Service Providers (“Service Agreements”) which may, from time to time, require us to disclose information we collect, as necessary to provide the Services. For example, we may be required by our Service Agreements to provide user and usage information to our commercial partners, as well as information which allows us to provide marketing, advertising, and IT services, and to provide customer service.
Compliance with Laws
Gather and its Service Providers may disclose and otherwise use your personal information as reasonably necessary to (i) comply with applicable laws, regulations, legal processes (including, but not limited to, court and administrative proceedings), or by government request; (ii) to detect, prevent, or otherwise address illegal or prohibited activities; or (iii) to protect against harm to the rights, property, or personal safety of Gather, users of the Services, the Service Providers, or the public.
Change of Control
We may be required to release or otherwise disclose your information in connection with any reorganization, restructuring, merger, sale, or other transfer of all or part of our business, as permitted by applicable law. In such case, we will transfer your information, including personal information, as permitted by applicable law.
V. Security of Information
Gather is committed to protecting the security of your information. As such, we use security controls to protect your information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Further, any information we receive is stored on one or more secure servers, and access to our information systems requires user authentication via password or similar means. Despite these precautions, no data security system is impenetrable, and as a result, we cannot ensure the security of information during its transmission between you and us; accordingly, you acknowledge that you do so at your own risk.
If Gather learns of a security system breach, we may attempt to notify you and provide information on protective measures, if available, through the email address that you have provided to us or by posting a notice on our website.
VI. Miscellaneous Initial Dispute Resolution
We aim to address your concerns without the necessity of a formal legal claim. Before filing a claim against Gather, you agree to try to resolve the dispute informally by contacting us [email protected]
Choice of Law. The validity, performance, construction, and interpretation of this Agreement shall be governed by the laws of Turkey. With respect to any disputes which cannot be resolved by our internal processes, and subject to the mandatory arbitration provision herein, you agree that jurisdiction for any legal action will be the state courts located in İstanbul, Turkey. The parties hereby consent to the personal jurisdiction of such courts as described above.
Waiver of Class Action
You agree that any disputes against Gather are likely to be of a unique character, such that the aggregation of claims shall not constitute an effective method of dispute resolution. Accordingly, you expressly waive, disclaim, and forever discharge any right you may have to engage in a class action dispute against Gather.
Attorneys’ Fees and Costs
In any legal action hereunder, the prevailing party shall be entitled to attorney’s fees and costs.
Money Damages Sufficient
Other Miscellaneous Provisions