Gathera

The terms and conditions contained in this document ("Terms of Service") and the policies referred to herein contain the complete terms and conditions that apply to your use of the Gathera internet account aggregation software ("Software") as well as the provided by Esaya, Inc. (“Esaya”). When using the World Wide Web site located at http://www.gathera.com/ and other computer systems operated by Esaya (collectively, the “Website”), and the Software, you agree to these Terms of Service.

We may revise the Terms of Service from time to time, at our sole discretion and without notice to you, by updating the posting of the Terms of Service on the Website. Unless otherwise provided below, the revised terms will take effect when they are posted.

PLEASE READ THESE TERMS CAREFULLY AS USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE OUR SOFTWARE. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT SUPPORT@GATHERA.COM.

1.SOFTWARE
The Website and Software (collectively, “Services”) provide you with the ability to aggregate all the common tasks and messages from all your internet accounts via a plug in to your internet browser. The Software User Interface will appear as a side bar in your internet browser. The major functional components of Gathera include:

- Aggregate all your accounts. You have the option to aggregate all your email (e.g. Yahoo!, AOL, Gmail and hotmail), social networking (e.g. myspace, facebook, etc), Instant Messaging (AOL, MSN, Yahoo! & Gmail), photo and other internet accounts (“Linked Accounts”) into Gathera. To add an account, you will need to select it and provide your username and password for that account. Your username and password for each Linked Account will be stored on our secure servers. For more information on how we safeguard and protect your information and privacy, please refer to http://www.gathera.com/privacy. Once added, the Linked Accounts will appear in your browser side bar for easy access to the messages and functions within. When the Software starts up, it will auto log you into all your Linked Accounts.

- Aggregated Message Preview. The software will periodically check each of your Linked Accounts for any new messages (e.g. emails, social network status updates, friend requests) and displace them within the Software. You will be able to preview, open or detele these message and even respond or comment on them in some cases.

- Macros. Once launched, the Software will provide streamlined access to most common functions in each Linked account. For example, in email Linked Accounts, if you click on the reply link within the Software, it will auto log you into the email account and navigate to the reply page. If you wish to compose a new message, the Software will auto log you into the account and navigate to the compose message page.

- Aggregate all your contacts. Once your accounts are aggregated, the Software will also display a compiled view of all your contacts across all your accounts. You will be able to add, edit or delete contacts from any of your accounts.

- Invite your Friends. Every time you add a Linked Account, you may be provided the option to invite your contacts in that account to join you on the Gathera network. This will be sent via an email, IM or a private message (“Invite Message”) in the social network depending on the account that is being added.

Additional information on the functional components within Gathera is available at http://www.gathera.com/.

Technical support for Gathera, as made available by Esaya, is described at:
http://www.gathera.com/help.html.

2. PRIVACY POLICY
Esaya is committed to safeguarding your privacy online. Please refer to our separate Privacy Policy at http://www.gathera.com/privacy.html for further details.

3. USER OBLIGATIONS
The Services are being offered to you for your personal non-commercial use. Any other use which is unlawful or in violation of this Agreement's terms and conditions is prohibited. You are responsible for obtaining and for paying all applicable fees, taxes and costs of the Linked Accounts. You agree not to do any of the following while using the Website or Software:

intentionally or unintentionally violate any applicable law or regulation, keeping in mind that access to the Website and Software may not be legal by certain persons or in certain countries.
post or transmit any content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship.
post or transmit any content that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy rights.
access, tamper with or use non-public areas of the Website, Esaya's computer systems, or the technical delivery systems of our licensors. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
frame or link to the website except as permitted in writing by Esaya.
impersonate or misrepresent your affiliation with any person or entity. For example, you agree not to falsely represent that you are a copyright holder of a work or the agent of a copyright holder.

Either you or Esaya may terminate the Services at any time, for cause or no cause, with or without written notice. Your only right with respect to any dissatisfaction with the Agreement or the Website or Software is to terminate your use and uninstalling the Software from your personal computer. We reserve the right to set limits on the Services which may include limits on the frequency of message retrieval and re-routing, the number of messages, message size and length of service term at any time and at our sole discretion.

4. THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information of service providers and users, are those of the respective author(s) or distributor(s) and not of Esaya. Esaya neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website by anyone other than authorized Esaya employees acting in their official capacities. You understand and acknowledge that Esaya does not monitor user-contributed content for accuracy or reliability.

5. LINKS
The Services and Invite Message will contain links to other websites or resources. You acknowledge and agree that Esaya is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the website does not imply that we endorse the linked site.

6. COMPUTER SOFTWARE
Any computer software applications, including the Software, available through the Website or the Software are licensed subject to the terms and conditions of license agreements with Esaya. Except as expressly permitted in such license agreements, you may not reproduce, record, publish, publicly exhibit or distribute any software made available on the Website without Esaya’s express written consent. Esaya and its suppliers and licensors retain title to any such software made available as part of the Software and you may only be granted a non-exclusive license to use such software in accordance with a license agreement with Esaya. Esaya and its suppliers and licensors reserve all other intellectual property rights in and relating to such software.

7. PROTECTION OF CONTENT PROVIDED BY ESAYA AND ITS LICENSORS
The Website contains trademarks and other material furnished by Esaya, its licensors, and others. You should assume that everything you see or read on the Website or through the Software, or via the Invite Message, which was not furnished by or received for you (such as sound clips, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. All Site Content is provided to you by Esaya for the sole purpose of using the Software.

You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Esaya or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Gathera website and the Software.

8. LIMITATION OF LIABILITY
NEITHER ESAYA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING GATHERA SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, WEBSITE, OR SITE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY ISP IN CONNECTION WITH THE SERVICES.

9. DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE SITE CONTENT, ARE PROVIDED TO YOU ""AS IS"" AND ""AS AVAILABLE"" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ESAYA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES; ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESAYA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Esaya, its officers, directors, employees, consultants, agents, co-branders or other partners, from and against any claims, actions, liability, damages and/or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Software; your connection to the Software; your violation of the rights of others, these Terms of Service or any intellectual property or other right of any person or entity; and any intellectual property infringement by any other user of your account. These Terms of Service will inure to the benefit of Esaya’s successors, assigns and licensors.

11. SEVERABILITY
If any part of these Terms of Service is held to be invalid or unenforceable under any applicable statute or rule of law, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

2. NO ASSIGNMENT
These Terms of Service are personal to you and you may not transfer, assign or delegate these rights granted and obligations undertaken hereunder to anyone without the express written permission of Esaya. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of Esaya shall be null and void. Esaya may transfer, assign or delegate its rights and obligations at its sole discretion and without notice.

13. WAIVER
Any waiver of any provisions of these Terms of Service, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. Any waiver of any provisions of these Terms of Service will be effective only if in writing signed by an authorized officer of Esaya.

14. HEADINGS OF NO EFFECT
The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

15. NOTICES
Esaya will give you any necessary notices by posting them on the Website. You authorize Esaya to send notices via electronic mail as well if Esaya decides, in its sole discretion, to do so. You agree to check the website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the website.

16. JURISDICTION
The law of New York, U.S.A., without regard to its conflicts of law provisions, will govern these Terms of Service.