In the event of a conflict amongst the Agreements, the Terms of Service shall control except as expressly provided otherwise. All capitalized terms have the meanings set forth in the Terms of Service, unless otherwise stated.
1. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS
1.1. LPX Digital owns Intellectual Property Rights in GathR
In addition to LPX Digital ownership of the Intellectual Property Rights set forth in the Terms of Service, you understand and agree that without a license agreement with LPX Digital, we do not authorize you to make use of the LPX Digital Marks. Use of the LPX Digital Marks in whole or in part, including without limitation GathR, and the platform’s logo, is subject to the guidelines and terms of any applicable license provided in the GathR Trademark Guidelines and GathR Brand Center.
With respect to the source code for certain Software that has been released by LPX Digital under an open source license (such as the GathR platform),such software code must be used in accordance with the applicable open source license terms and conditions.
1.2. LPX Digital grants you certain licenses to access and use GathR while you are in compliance with the Agreements
LPX Digital is thrilled to support its community in taking snapshots and screenshots within the GathR virtual world. Subject to compliance with all applicable terms and conditions, LPX Digital grants you certain copyright licenses as provided in our User Content Policy.
1.3. You grant LPX Digital and other users of GathR a license to use in snapshots your Content that is displayed in publicly accessible areas of GathR
In addition to the rights granted in LPX Digital’s Terms of Service, you agree to the restrictions and requirements of our User Content Policy. The foregoing license is referred to as the User Content License.
1.4. You shall be responsible for restricting access to Content for which you do not wish to grant a User Content License
You agree that the User Content License set forth in the Terms of Service does not apply to content that is located in a region of GathR that is not publicly accessible. If you do not wish to grant users of GathR a User Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users.
1.5. You agree to respect the Intellectual Property Rights of other users, LPX Digital, and third parties
You agree that you will not copy, transfer, or distribute outside of GathR any Content that contains any LPX Digital, in whole or in part or in modified or unmodified form, except as allowed by the User Content Policy, or that infringes or violates any Intellectual Property Rights of LPX Digital, other Content Providers, or any third parties.
Any access to or use of GathR through a software client other than the LPX Digital Software that logs into the Servers (referred to as a Third-Party Viewer) is subject to the Terms of Service, this GathR Policy, and the terms of the Policy on Third-Party Viewers. The Policy on Third-Party Viewers provides required and prohibited functionality for Third-Party Viewers as well as other terms for those who use, develop, or distribute Third-Party Viewers; however, LPX Digital offers and supports GathR only as offered by LPX Digital and is not obligated to allow access to or use of GathR by any software or means not provided by LPX Digital. You understand and agree that LPX Digital is not responsible or liable for any aspect of GathR that is accessed or experienced using software or other means not provided by LPX Digital.
2. ELIGIBILITY TO USE GATHR
2.1. Age Requirements for Use of Areas of GathR
Over 18 Users. If you are at least eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater),then you may use any public area of GathR, in accordance with our Content Guidelines and Maturity Ratings.
Under 18 Users. If you are less than eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater) and over sixteen (16) years of age, then you may access General Areas of GathR in accordance with our Content Guidelines and Maturity Ratings.
2.2. GathR Age and/or Location Verification for Moderate and Adult Only.
In order to access GathR regions or listings designated as Moderate or Adult Only Content (which Content may be explicitly sexual, intensely violent or otherwise designated as Adult under our Maturity Ratings (Adult Only Content)),you affirm that you are at least eighteen (18) years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority. You further agree that as a condition to accessing Moderate and/or Adult Only GathR Areas, you will submit to account verification as required by LPX Digital, and provide only true and accurate identification documentation to LPX Digital or its third party service providers to verify your age. You further acknowledge that you will comply with our Maturity Ratings, and conduct any activities we have defined as Moderate and/or Adult only within regions designated as Moderate and/or Adult.
2.3. Requirements for Sponsoring Organizations.
If you are an organization which sponsors affiliated accounts, you represent that (i) you will keep all content in the area General, as defined in our Maturity Content Guidelines, (ii) you are solely responsible for all content and activities that take place within your designated areas in GathR, and (iii) you will comply with such guidelines as LPX Digital may issue from time to time with respect to any affiliated account program.
3. CONDUCT BY USERS OF GATHR
In addition to the rules of conduct set forth in the Terms of Service, you agree that you will not:
(i) Use robots or other automated means to increase traffic to any areas of GathR;
(ii) Post, display or transmit any Content that is explicitly sexual, intensely violent or otherwise designated as Adult under our Maturity Ratings, except as set forth in those ratings.
(iii) Violate our Maturity Content Guidelines. A region designated General is not allowed to advertise or make available content or activity that is sexually explicit, violent, or depicts nudity;
(iv) If you are an adult, impersonate a minor for the purpose of interacting with a minor using GathR, or stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on GathR, or attempt to contact or meet with such minor outside GathR, including without limitation electronically or physically, if you have reason to know or GathR concludes that you should have known you were interacting with a minor on GathR; or
(v) Post, display or transmit any material, object or text that encourages, represents, or facilitates sexual age play, i.e., using child-like avatars in a sexualized manner. This activity is grounds for immediate termination. You understand and agree that we may report any and all such incidents -- and any and all of your corresponding personal information -- to any authorities we deem appropriate, whether or not it in and of itself violates the law of your (or any) jurisdiction.
4. GATHR INTELLECTUAL PROPERTY POLICY
You should not use copyrighted, trademarked, or celebrity material in GathR. The GathR Intellectual Property Policy describes how LPX Digital treats trademark, copyright, and celebrity issues in GathR. We operate an intellectual property complaint process for complaints that User Content infringes another s Intellectual Property Rights, the details of which are described in the Intellectual Property Infringement Notification Policy.
5. PRIVACY AND YOUR PERSONAL INFORMATION
If you object to your information being used or disclosed as described therein, please do not use GathR.
6. RELATED POLICIES
The following related policies are incorporated by reference in and made part of this GathR Policy, and provide additional terms, conditions and guidelines regarding GathR.
01. LPX Digital Terms of Service
03. Intellectual Property Policy
04. Intellectual Property Infringement Notification Policy
05. Community Standards
06. Content Guidelines
07. User Content Policy
08. Maturity Ratings
09. GathR Brand Center
10. GathR Trademark Guidelines
11. GathR Fee Schedule
12. GathR Billing Policy
13. Policy on Third-Party Viewers
Effective: May 5, 2020