Gazebo Terms of Use
Effective Date: February 1, 2022

IMPORTANT NOTICE: THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THESE TERMS ALSO INCLUDE A JURY WAIVER AND A CLASS ACTION WAIVER, THE LATTER OF WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
Welcome to the network of interactive services provided by Gazebo News, Inc., its affiliates, its subsidiaries, and its successors in interests (collectively, “Gazebo”, “us”, “we”, or “our”). These Terms of Use, along with our Privacy Policy, Community Guidelines, and any other terms and conditions referenced on our website or within these Terms of Use or our Privacy Policy (collectively, the “Terms”) govern your use of the websites, applications, and other products and services offered by Gazebo that include an authorized link to these Terms of Use (collectively, the “Services”).
1. Agreement
Please read these Terms of Use carefully before using the Services as these Terms of Use constitute a legally binding agreement between you and Gazebo. By selecting or clicking “I Agree” or a similar designation, establishing an account, or downloading, installing, accessing, or using the Services, you (a) accept and agree to be bound by and to comply with these Terms of Use and the Terms and (b) confirm you have read, understood and consent to the collection, use, disclosure, and other handling of your information as described in our Privacy Policy, as each may be updated from time to time in accordance with applicable laws and regulations. If you do not accept or understand the Terms, please do not download, access, use, or register an account with the Services.

If you are under 18 years of age, or the age of majority in your location, you may use the Service only with involvement of a parent or guardian. You represent you are the age of majority in your jurisdiction of residence or you are using the registered account or device of your parent or guardian with permission and involvement. You agree to be responsible for any person you permit to use your account or device to access the Services and represent that you have the authority to bind them to the Terms. You will ensure they comply with and do not dispute the application of these Terms to them, and will indemnify and hold us harmless from and against any claims related to the use of the Service on your device or use of your account by any other person.

Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
2. Changes and Additional Terms
These Terms are effective as of the Effective Date above. If you have not reviewed the Terms applicable to a Service since the Effective Date, please review these updated Terms carefully before using any Service.

We may modify the Terms, including these Terms of Use, at any time in our sole discretion. We will notify you of any material change to the Terms (for example, by posting a notice on the Services or an updated version of the Terms with a new Effective Date). Any change to these Terms will be effective either thirty (30) days following our posting of the changes or, for new users who register or access our services during this thirty (30) day period, at the time of registration or access, as applicable. Your continued access or use of the Services after the effective date of any changes to the Terms will be deemed as acceptance of the Terms as modified. Customer service representatives are not authorized to modify these Terms, either verbally or in writing, and any such modification shall have no effect.
3. Privacy Policy
Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through use of the Services, and you consent to our use of data in compliance with the Privacy Policy.
4. Account Registration; Access Controls and Restrictions
If we request registration or other information from you, you must provide us with accurate and complete information and must update the information when it changes. In no case are persons under the age of thirteen (13) permitted to use the Services. The Services are only intended for use in the United States, by US-based users.

You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household meeting the age requirements set forth herein. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us at [email protected] immediately. We are not responsible for any loss or damage resulting from unauthorized use.

You can access and edit specific details on your account, including your name, location, and information concerning your Payment Method (as defined below), on the Gazebo website at any time, by logging into your account and clicking the “Edit your Profile” tab in the main menu. You are responsible for keeping your account information current and accurate at all times.
5. Intellectual Property Rights and Non-Commercial License
a. Content. The audio and video materials, photographs, images, illustrations, text, graphics, logos, layouts, designs, interfaces, software, data, metadata, “look and feel,” and other content associated with the Services (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices, and restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Gazebo, Gazebo will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.

b. License. You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with the Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4(d) or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

c. Restrictions. Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Gazebo software, including our video player or other Content display interfaces, our underlying technology, or any digital rights management mechanism, device, or other content protection or access control measure incorporated therein. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing such technology or software in any manner that enables users to view Content without (i) visibly displaying our video player and Content display interfaces and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks), or (ii) having full access to all functionality of our video player and Content display interfaces, including all video quality and display functionality and all interactive, elective or click-through advertising functionality.

d. Redistribution. We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, social platforms, or embedded players). We may revoke this authorization at any time for any reasons, and we further reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
6. Commercial Licenses and Legal Complaints
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us at [email protected].

Gazebo respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.
7. Content Submitted by You
a. User Submissions and Community Guidelines. If you upload, post or submit any content (including articles, comments, videos, images, etc.) on the Service (each, a “User Submission”), you represent to us that you have all the necessary legal rights to upload, post or submit such User Submission including all content contained therein (including all legal rights for us to publish, display, distribute, and perform the User Submission on the Services), the User Submission complies with our Community Guidelines, and the User Submission will not violate any law or the rights of any person. You further represent that you have read and understand our Community Guidelines and that you will not upload to, or distribute, or otherwise publish on to the Services any content that does not strictly conform to our Community Guidelines and the Terms. Without limiting any requirements in our Community Guidelines, you shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. Your User Submission’s violation of the Terms, including our Community Guidelines, may result in suspension or termination of your account, at our sole discretion.

b. License; Right to Reject or Modify. By submitting any User Submission to the Services, you hereby grant Gazebo a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to your User Submissions, which includes the right for us, or any third party directed by us, to use, copy, transmit, publish, distribute, excerpt, publicly display or perform, create derivative works of, host, modify, and adapt (including to adapt to for use in any other media, such as streaming, download, podcast, broadcast, mobile, digital, or other technologies) in any form or media now known or hereinafter developed. User Submissions made to the Services may be made available for republishing through other formats, and by submitting a User Submission, you consent to its display and publication on the Services and for related online and offline promotional uses by Gazebo.

The foregoing license to User Submissions includes our right to edit, modify, or supplement User Submissions prior to, or after, publishing or displaying such User Submissions on the Services, and you hereby waive any rights you may have to object to changes to your User Submissions. We have the right to review and reject or accept User Submissions at our sole discretion, which may include removing previously published User Submissions from the Services. You understand that we have no obligation to you to accept User Submissions or publish or display your User Submissions on the Services, and we reserve the right to reject any User Submission, for any or no reason, with or without notice to you. You understand and agree that you are solely responsible for the content of your User Submissions, notwithstanding any review or editing done by Gazebo.

c. Waiver and Release. You agree that your User Submissions (including your name and location) may be put into the public domain and it could therefore become generally known and available (including on the internet). To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in your User Submissions. You agree that Gazebo shall not have any liability to you or your assignees, heirs, distributees, guardians, and representatives in respect of, and you hereby expressly waive as against Gazebo, any and all claims, damages, expenses, suits, costs, fees, or losses which may be incurred by or threatened against you or your assignees, heirs, distributees, guardians, and representatives as a result of your User Submissions being used by Gazebo as permitted in these Terms of Use, or otherwise relating to the User Submissions, and such waiver shall survive any termination of the Terms or your use of the Services.
8. Third-Party Content and Sites
We may provide third party content (including advertisements) or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.
9. Gazebo Unlimited Subscriptions and Billing
Certain Services are provided to you free of charge, while other Services, including unlimited access to all Content within the Services (“Gazebo Unlimited”), require payment before you can access them. If you choose to subscribe to Gazebo Unlimited, please ensure you review the provisions of this Section 9. If you are not a subscriber of Gazebo Unlimited, then Section 9 does not apply to you. For clarity, references to Services throughout these Terms include Gazebo Unlimited.

a. Payment. By providing your credit card or other payment method (“Payment Method”) for your Gazebo Unlimited subscription, you agree to pay a monthly or annual subscription fee, as applicable, and any applicable taxes and service fees (“Fees”) in connection with your use of Gazebo Unlimited. Your subscription will automatically renew, and the Fees will be charged to your Payment Method automatically at the beginning of your subscription, and at the beginning of each subscription period renewal thereafter on the calendar day corresponding to the commencement of your subscription, unless you cancel your subscription or your account or Gazebo Unlimited is suspended or terminated pursuant to the Terms. The Fees charged to your Payment Method may vary from month to month or year-to-year due to changes in your subscription plan or applicable taxes, and you authorize Gazebo to charge your Payment Method for these amounts. Gazebo reserves the right to change the pricing of Gazebo Unlimited at any time. In the event of a price change, Gazebo will post the new pricing in Gazebo Unlimited and attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your Gazebo Unlimited subscription as described in Section 9(c). If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Gazebo within sixty (60) days after they first appear on an account statement.

b. No Refunds. ALL FEES ARE NON-REFUNDABLE. As described further in Section 9(c), even if you cancel Gazebo Unlimited during a monthly or annual subscription period, as applicable, you will not receive a refund for any portion of the Fees for the remainder of that monthly or annual subscription period. In rare circumstances, we may provide a credit, refund, discount, or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

c. Cancellation. You can cancel your subscription to Gazebo Unlimited at any time by logging into your account and clicking "Edit your Profile”, in the main menu, and then clicking “Manage my Subscription". If you cancel your subscription, the cancellation will go into effect at the end of the then-current monthly or annual subscription period, as applicable. You will have continued access to Gazebo Unlimited for the remainder of your paid subscription period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID. You must cancel your subscription before it renews for the next month or year, as applicable, to avoid paying the Fees for the next month or year, as applicable. After cancellation of your subscription, you will continue to owe any accrued amounts due under the Terms and not yet paid. You acknowledge and agree that cancellation of your subscription is your sole and exclusive recourse if you have any dissatisfaction, issue, or concern related to Gazebo Unlimited, the Content or features of the Services, or the Terms, including Fees, applicable taxes, or billing methods.

d. Unpaid Amounts. If you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (a) you will remain liable for all such amounts, as well as any costs that Gazebo incurs in collecting any amounts you fail to pay, including attorney and collections fees; (b) you authorize Gazebo to continue charging your Payment Method, as your Payment Method information may be updated; and (c) we may suspend or terminate your subscription or account. Changing your Payment Method information or late payments may affect the day of your Gazebo Unlimited subscription renewal.

e. Promo Codes. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers, subject to certain restrictions as determined by Gazebo in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
10. Acceptable Use
Without limiting any other provision in these Terms of Use, you agree not to do or assist others to do, any of the following:
  • Access the Services using any interface other than ours;
  • Maintain any link to the Services that we ask you to remove, in our sole discretion;
  • Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Gazebo and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
  • Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
  • Interfere with others using the Services or otherwise disrupt the Services;
  • Disassemble, decompile, or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
  • Transmit, collect, or access personally identifiable information about other users without the consent of those users and Gazebo;
  • Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
  • Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
  • Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
If you violate this Section 10, Gazebo may terminate your access to the Services without notice, and take any other actions or seek any remedies permitted by law.
11. Access; Changes to Services
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
  • Change or discontinue the Services;
  • Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
  • Remove Content from the Services;
  • Restrict, suspend or terminate your access to one or more Services or features thereof; and
  • Deactivate your accounts and delete all related information and files in your accounts.
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If Gazebo terminates your access to any of the Services, you must immediately stop using such Service.
12. Indemnification
You will defend, indemnify and hold harmless Gazebo, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Gazebo Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with (a) your use or misuse of the Services (including use of your account, whether or not authorized by you), and including your or anyone who uses your account’s breach of the Terms; (b) User Submissions submitted through your account, including claims related to plagiarism, intellectual property infringement, liable, privacy violation, or other unlawful content. Gazebo retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 12 without Gazebo’s prior written approval.
13. Disclaimers; Limitation of Liability
a. DISCLAIMER. THE GAZEBO PARTIES DO NOT REPRESENT OR WARRANT: (A) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS, OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (B) THE ACCURACY OR RELIABILITY OF USER SUBMISSIONS OR OTHER SUBMISSIONS BY ANY THIRD PARTY (AND GAZEBO DOES NOT ENDORSE STATEMENTS OR OPINIONS CONTAINED IN USER SUBMISSIONS OR OTHER THIRD-PARTY CONTENT AVAILABLE ON THE SERVICES); (C) THAT DEFECTS WILL BE CORRECTED; (D) THAT THE SERVICES OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (E) THAT THE SERVICES OR CONTENT WILL CONTINUE TO BE AVAILABLE. THE GAZEBO PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE GAZEBO PARTIES FURTHER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY, AND SUBJECT MATTER OF CONTENT.

THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. WE SHALL HAVE NO LIABILITY FOR LEGAL, FINANCIAL, INVESTMENT, TAX, MEDICAL, OR OTHER DECISIONS BASED UPON THE CONTENT, INCLUDING ANY RELATED OUTCOMES. NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

b. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAZEBO PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE (OR ANY OTHER USERS OF YOUR ACCOUNT’S USE) OF THE SERVICES, THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE GAZEBO PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE GAZEBO PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO GAZEBO FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE GAZEBO PARTIES’ ACTS OR OMISSIONS OR THE SERVICES OR CONTENT, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, OR CONTENT OWNED, CONTROLLED, OR LICENSED BY THE GAZEBO PARTIES.

c. Exceptions; Waiver for California Residents. Because some jurisdictions do not allow for the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, some of the limitations set forth in these Terms of Use may not apply to you. The Gazebo Parties’ liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction. This paragraph will only apply if an arbitrator or court with applicable jurisdiction in accordance with these terms finds exclusions of damages or limitations of liability to be unconscionable or otherwise violate applicable laws. Nothing in these terms shall effect a waiver of any non-waivable statutory rights that apply to you. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

14. Governing Law, Venue, and Jurisdiction
These Terms of Use and the rest of the Terms and all claims as between you and us arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of New York, except New York's conflict of law rules. We and you agree that the Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in New York, New York. Notwithstanding any other provision of the Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one (1) year after such claim or action accrued. Otherwise, you will waive the claim or action.
15. Disputes; Arbitration
IF YOU HAVE ANY DISPUTE WITH OR CLAIM AGAINST US OR ANY OF OUR AFFILIATES, OR IF WE HAVE A DISPUTE WITH OR CLAIM AGAINST YOU, IN EITHER CASE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS (A “CLAIM”), AND THE CLAIM IS NOT RESOLVED BY CONTACTING US AT [email protected], YOU AND WE EACH AGREE TO RESOLVE SUCH CLAIM THROUGH AN INDIVIDUAL BINDING ARBITRATION OR THROUGH AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IN IN NEW YORK, NEW YORK.

YOU AND GAZEBO AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOUR CLAIM MAY NOT BE CONSOLIDATED WITH ANY OTHER PERSON’S CLAIM. YOU AND WE AGREE THAT THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section 15 shall survive termination of the Terms or any subscription that you may have to any of the Services.
Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to Gazebo a written notice of your claim or we must send a written notice of our claim to you ("Notice"). Your Notice must (a) be sent by certified mail; (b) be addressed to: Gazebo, 140 W 12th Street, #301, New York, NY 10011; (c) describe the nature of your Claim; and (d) specify the damages or other relief you seek. If we and you do not then resolve the Claim within thirty (30) days after our Notice is received, either you or we may commence an arbitration to resolve the Claim.

Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org. In circumstances in which the Rules provide for an in-person hearing, such hearing will take place in New York, New York.
16. Notice For California Residents
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Miscellaneous
a. Notices. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address on your account by logging into your account on the Gazebo website and clicking the “Edit your Profile” tab in the main menu. If you do not provide us with accurate information, we will not be responsible for failure to notify you.

b. No Waiver; Entire Agreement. Our failure to exercise or enforce any right or provision in the Terms will not constitute a waiver of such right or provision. These Terms of Use and the other Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

c. Authorization. You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.

d. Email Acknowledgement. As part of Gazebo Unlimited, Gazebo may send you emails regarding the Content and Gazebo Unlimited from time to time. You agree that Gazebo may send you these types of emails to the email address that you provide. If you do not want to receive marketing emails from Gazebo, you may unsubscribe via the link provided in the emails.

e. Copyright Infringement. If you believe in good faith that your work has been copied on our Services in a way that constitutes copyright infringement, please provide us the following information in writing to Gazebo's Copyright Agent at [email protected]:
  • Your name, address, telephone number, and e-mail address;
  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner of the right that is allegedly infringed;
  • Identification of the copyrighted work or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of the works claimed to have been infringed;
  • Identification of the allegedly infringing material and information reasonably sufficient to permit Gazebo to locate the material;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
It is Gazebo’s policy to suspend or terminate the accounts of users who are determined to be repeat infringers of others’ copyrighted material. If you believe we have removed your User Submission in error, please contact us.

f. Survival. Sections 5, 7, 8, and 12-17 of these Terms, and any other provision which by its nature is intended to survive, will survive any deletion of your account or termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account, you may do so at any time by clicking the “Edit your Profile” tab in the main menu, and then clicking “Manage my Subscription”. Any User Submissions you made while using the Services may continue to be used on the Services and will continue to be governed by Section 7 of these Terms.
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