Terms of Service – The Gathering Farm
Effective Date: January 1, 2025
Welcome to https://thegatheringvenues.com (together with any related websites, the “Site”). The Site is owned and operated by Gathering Venues, LLC (“The Gathering Farm”). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).
You represent to The Gathering Farm that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for or an event you are planning, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and The Gathering Farm are collectively referred to as the “Parties” and each is a “Party”.
1. Event Services Agreement
These Terms govern your use of the Site and general inquiries about our venue. If you are booking an event or entering into a contract for venue rental services, then you will be subject to The Gathering Farm’s Event Contract and related service agreements, which will be separately agreed and signed between you and The Gathering Farm.
2. The Gathering Farm Content
The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of The Gathering Farm or its licensors (“The Gathering Farm Content”). The Site (including The Gathering Farm Content) is protected by copyright, trademark, trade secret and other laws; and as between you and The Gathering Farm, The Gathering Farm owns and retains all rights in the Site and The Gathering Farm Content. The Gathering Farm hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform The Gathering Farm Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site for the purpose of learning about and potentially booking our venue. Except as expressly permitted by The Gathering Farm in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any The Gathering Farm Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on The Gathering Farm Content or any digital rights management mechanism, device, or other content protection or access control measure associated with The Gathering Farm Content.
3. Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site, including “The Gathering Farm” and “Gathering Venues,” are the property of The Gathering Farm or other third parties. You are not permitted to use these Marks without the prior written consent of The Gathering Farm or such third party.
4. Third-Party Services
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), such as catering services, event planning services, photography services, or accommodation services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with The Gathering Farm, and you do so at your own risk. The Gathering Farm is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. The Gathering Farm is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.
5. Privacy
Please review The Gathering Farm’s Privacy Policy for the Site (“Privacy Policy”), available on our website, to learn about The Gathering Farm’s information collection, usage and disclosures practices with respect to information collected by The Gathering Farm through the Site.
6. Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Site in any way that violates any applicable federal, state, local or international law or regulation;
Use the Site to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms;
Transmit any advertising or promotional material without our prior written consent;
Impersonate or attempt to impersonate The Gathering Farm, a The Gathering Farm employee, another user or any other person or entity;
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm The Gathering Farm or users of the Site or expose them to liability;
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
If you become aware of any misuse of the Site, please report such misuse immediately to The Gathering Farm at haley@thegatheringvenues.com.
7. Compliance with Laws
You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”).
8. Global Availability
The Gathering Farm controls the Site from South Carolina, United States. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. The Gathering Farm makes no representation that the services referenced herein are appropriate, or available, worldwide.
9. Indemnity
You agree to defend, indemnify and hold harmless The Gathering Farm, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms, violation of law, or any Content that you post, upload or cause to interface with the Site.
10. Disclaimers
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY THE GATHERING FARM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE GATHERING FARM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER THE GATHERING FARM’S CONTROL.
INFORMATION ON THE SITE ABOUT VENUE AVAILABILITY, PRICING, AND SERVICES IS SUBJECT TO CHANGE AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. VENUE BOOKINGS ARE NOT CONFIRMED UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE GATHERING FARM AND EXECUTE AN EVENT CONTRACT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL THE GATHERING FARM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL THE GATHERING FARM’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS ($200.00). THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Responsibility for End Users
You are responsible for violations of these Terms by anyone using the Site with your permission or using any account you may have on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms.
13. Termination and Monitoring
13.1. If you violate these Terms, The Gathering Farm may suspend or terminate your access to the Site. The Gathering Farm’s right to suspend or terminate your access to the Site applies even if a breach is committed unintentionally or without your authorization if The Gathering Farm believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of The Gathering Farm, its customers or third parties.
13.2. The Gathering Farm reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. The Gathering Farm has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that The Gathering Farm finds to be in violation of these Terms. The Gathering Farm may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
14. Electronic Communications
When you visit the Site or send emails to The Gathering Farm, you are communicating with The Gathering Farm electronically; and you consent to receive communications from The Gathering Farm electronically. The Gathering Farm will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that The Gathering Farm provides to you electronically satisfy any legal requirement that such communications be in writing.
15. Modifications
The Gathering Farm may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.
16. Governing Law
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of South Carolina, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Spartanburg County, State of South Carolina, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.
17. Miscellaneous
These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and The Gathering Farm. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without The Gathering Farm’s express prior written consent. The Gathering Farm may assign, transfer or sublicense all or any of The Gathering Farm’s rights or obligations under these Terms without restriction. The failure of The Gathering Farm to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect.
18. Contact
Please contact The Gathering Farm at haley@thegatheringvenues.com with any questions regarding these Terms.
Contact Information:
Gathering Venues, LLC
140 Waldon Rd
Moore, SC 29369
haley@thegatheringvenues.com
Phone: (864) 909-7718
Last Updated: January 1, 2025