TERMS AND CONDITIONS

Welcome to ToGather!

ToGather is owned and operated by ToGather Events LLC.

These are the terms and conditions for:

• ToGather mobile application (Available on Google Play and App Store).
• https://www.togatherevent.com

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the ToGather mobile application and the ToGather website together, "we", "us", "our" and "ToGather" refers to ToGather and "you" and "user" refers to you, the ToGather user.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of ToGather accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. ACCEPTANCE OF TERMS

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use ToGather after the posting of such modification; therefore, it is important that you review this agreement regularly.
Use of the platform is not intended for children under the age of 13. In the case of children under the age of 18 and over the age of 13, it is the responsibility of the parent or legal guardian to determine whether use of the platform is appropriate for their child or ward.
By downloading and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS

By providing your email address to ToGather, you agree that we may use your email address to send you notifications and other messages, such as changes to platform functionality, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option in the emails. Unsubscribing may prevent you from receiving notifications and emails about updates, news or special content related to ToGather.

3. ACCOUNT

Users will be able to register and open an account on the platform. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ToGather of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. You may never use another user's account without ToGather's prior authorization. ToGather will not be liable for any loss or damage arising from your failure to comply with this agreement.

Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to ToGather. ToGather reserves the right to terminate your account or your access immediately, with or without notice, and without any liability to you, if ToGather believes that you have violated any of the provisions contained in these terms and conditions.

4. RSVP EVENT CREATION AND ORGANIZATION

ToGather offers a complete and versatile solution for planning and managing a wide variety of events, including weddings, social and corporate events, with advanced communication and customization features.
The platform has the following functionalities:

Event organization and creation: Our platform allows the creation of unique and customized events, suitable for any type and size, from private meetings to large events such as weddings and corporate events.

Communication between Users: Users can communicate directly within the platform through messages and chat rooms, facilitating the coordination and exchange of ideas for the organization of events.

Multimedia Sharing: We offer the ability to share videos and photos within the platform, allowing users and attendees to capture and share memorable moments of the event.

Guest Management and Seating: Users can invite attendees from their phone and manage seating arrangements with an interactive tool, offering detailed and efficient planning.

Private Newsfeed and Social Networking: We implement private newsfeed and social networking features to foster interaction and community among attendees, enriching the experience before, during and after the event.

Virtual Meetings and Live Streaming: Our platform supports virtual meetings with video conferencing and live streaming options, ensuring an inclusive and accessible experience for all.

Interactive Database for Future Events: We maintain an interactive database that aids in the planning and customization of future events, using information and preferences collected from previous events.

5. USER CONTENT

Some features of the platform may allow users to provide and share content through the platform and with other users. You retain copyright or any rights you may have in the content you provide through the platform. ToGather is not responsible for the accuracy, safety or legality of content posted on the platform by users. Users are solely and exclusively responsible for their content and the consequences of its publication. By providing content and information through the platform, the user grants ToGather a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of displaying it through the platform and to the general public.

ToGather is not responsible for the content of the user. The user is solely responsible for the content and the consequences of providing content through the platform. By providing content through the platform, you affirm, represent and warrant that:

• You are the creator and owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize ToGather to publish and display your content through the platform.
• Your content does not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right.
• Your content does not defame, libel or invade the privacy, publicity or other proprietary rights of any other person.
• Your content does not cause ToGather to violate any law or regulation.
• Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
ToGather may, at any time and without notice, screen, remove, edit or block any User Content that, in our sole judgment, violates these Terms and Conditions or is otherwise objectionable, including the deletion of any User Account that violates these Terms and Conditions. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. User acknowledges and agrees that ToGather reserves the right to monitor all information transmitted or received through the platform, and may do so from time to time, for operational and other purposes.

6. CHAT AND MESSAGING

The platform contains chat areas or messaging services to enable communication between users. The user may only use the chat or messaging service to send and receive messages that are relevant and specific to the purposes of the platform. The user may NOT use the chat or messaging service available on the platform to perform any of the following actions:

• Send messages that are defamatory, violent, profane, harassing, obscene, threatening or messages that otherwise violate the legal rights of users or third parties, including ToGather staff.
• Send messages of a sexual or pornographic nature.
• Send messages that promote illegal activities.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Impersonate another person or user or allow any other person or entity to use your account to send messages or otherwise use your account.
• Repeatedly send the same message. Spamming is strictly prohibited.
• Imply or assert that any statement you make is endorsed by ToGather, without ToGather's prior written consent.
• Post offensive and/or harmful messages, including, but not limited to, content that advocates, supports, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
• Use the platform to collect personal data from users.

Any breach or violation of the provisions contained in these terms may result in the suspension of the offending user's account, with or without notice and without the right to compensation.

7. LINKS TO THIRD PARTY SERVICES

ToGather offers a comprehensive service that facilitates the organization and attendance of events. As such, we provide links to various third-party services that may include, but are not limited to, travel providers, accommodation, transportation such as Uber, gift registries, syncing with Google Calendar, among others.

These links are provided solely for the convenience of our users and are intended to facilitate the organization of and participation in events.

ToGather is not affiliated, associated, authorized, endorsed by, or in any way officially connected with the providers of these third-party services, unless expressly stated.

ToGather has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party platforms, websites or services. Users access and use these services at their own risk.

Links to third party services may be updated, modified or removed at any time, without notice and at the discretion of ToGather.

Any transactions conducted through these third-party links are subject to the terms and conditions of those third parties, and ToGather is not a party to and has no responsibility or liability for such transactions.

Users are encouraged to review the terms and conditions and privacy policies of third-party websites, platforms or services accessed through links provided on our platform.

By using the platform, users acknowledge and agree that ToGather is not responsible for the availability of external resources, and does not endorse and is not 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 content, goods or services available on or through such websites, platforms or services.

8. LIIMITATION OF LIABILITY

ToGather shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ToGather has been advised of the possibility of such damages), resulting from the use or inability to use the Platform.

ToGather acts solely as a facilitator in the creation and organization of events. Therefore, we assume no responsibility for the execution, conduct or any aspect related to the realization of events created and organized through our platform. The responsibility for the execution and fulfillment of the events rests entirely with the organizers and participants of the events.

ToGather is not responsible for the content published, transmitted or made available through the platform. The responsibility for the content rests entirely with the user who has provided it.

While ToGatherstrives to maintain an error-free and constantly available service, ToGather does not guarantee that the operation of the platform will be uninterrupted or error-free, nor that defects will be corrected.

ToGather assumes no responsibility for interactions between users, whether online or offline. The platform acts solely as a means for the organization and management of events, and is not responsible for the individual actions of users.

The platform may contain links to third-party services that are not operated by ToGather. We have no control over, and assume no responsibility for, the content, privacy policies or practices of third parties.

9. LICENSE TO USE THE PLATFORM

ToGather grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the ToGather platform and downloadable through the App Store and Google Play Services free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.

The user agrees not to use the platform in a negligent, fraudulent or unlawful manner. It also undertakes not to carry out any conduct or action that could damage the image, interests or rights of ToGather or third parties.

ToGather reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if ToGather considers that the user has violated any of these terms.

10. COPYRIGHT

All materials on ToGather, including but not limited to names, logos, trademarks, games, images, text, columns, music, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ToGather or our users who have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on ToGather are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without ToGather prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize ToGather or any part of the material for any purpose other than its intended purposes is strictly prohibited.

11. COPYRIGHT INFRINGEMENT

ToGather will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). ToGather respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement that specifically identifies the location of the infringing material, in sufficient detail so that ToGather can find it on the platform.

• Your name, address, telephone number and email address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law. • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.

• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

12. PROHIBITED ACTIVITIES

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to ToGather or licensed to the ToGather by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or content obtained from or through the platform. In addition, the following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.

• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

• Deep-link to any portion of the platform for any purpose without our express written permission.

• "Frame", "mirror" or otherwise incorporate any part of the platform into any other websites or Service without our prior written authorization.

• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ToGather.

• Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.

13. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, ToGather provides and maintains the platform on an "as is", "as available" basis and does not promise that use of the platform will be uninterrupted or error- free. We will not be liable to you if we are unable to provide the platform and the functionality included on the platform for any reason beyond our control.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse ToGather for any loss or damage caused as a result.

ToGather shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, ToGather excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to ToGather and ToGather shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform. • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform. • Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control. • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong. • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from ToGather. • All representations, warranties, conditions and other terms which but for this notice would have effect.

14. ELECTRONIC COMMUNICATIONS

ToGather will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and suppliers against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.

16. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

17. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by ToGather, shall constitute the entire agreement between you and ToGather concerning and governs your use of the platform.

18. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

19. FORCE MAJEURE

ToGather shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

20. TERMINATION

Both the user and ToGather acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, ToGather reserves the right to unilaterally terminate the user's access to and use of the platform. ToGather may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, ToGather shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by ToGather: If ToGather fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify ToGatherin writing of the breach and allow a reasonable time for ToGather to remedy the situation. If ToGather does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

21. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and MYNE HUB, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.

The courts of the United States, specifically the courts located in the State of New Jersey, shall have jurisdiction over any dispute, controversy or claim relating to ToGather and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of New Jersey.

22. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States. Use of the ToGather platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
Any rights not expressly granted herein are reserved.

23. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:

ToGather Events LLC
Email: info@togatherevent.com