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TERMS AND CONDITIONS

Gobo Introductions

Please read these Terms and Conditions (collectively with gobo’s Privacy Policy and Payment Terms) fully and carefully before using www.itsagobo.com or www.thisisgobo.com (the “Site”) and the services, features, content or applications. The Site is, offered to you by Gobo Theatre Services Limited (“gobo”, “we”, “us” or “our”) (together with the Site and “Services”). These Terms and Conditions set forth the legally binding terms and conditions for your use of the Site and the Services. We’re excited to have you with us at gobo, and we’re pleased to make our Services available to you. These Terms and Conditions apply to all users of the Services. If you don’t agree with these terms, please do not use the Services.

Acceptance of Terms and Conditions

By registering for and/or using the Services in any manner — including but not limited to visiting or browsing the Site — you agree to these Terms and Conditions and all other operating rules, policies, and procedures published on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. When we make changes that we consider significant, we will inform you by an appropriate means of electronic communication. From time to time part of the Services may be subject to additional terms and conditions specified by us. When we add terms and conditions that we consider significant, we will inform you by an appropriate means of electronic communication. By continuing to use such Services after these changes are made, you are expressing your acceptance of these additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.

Registration

To sign up for the Services, you must register for an account on the Services (an “Account”).You must provide accurate and complete information and keep your Account information updated. Please respect gobo and the other users of the Services. Some examples of what this means: it is not permitted to (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to cancel your subscription, either directly or through a request made to one of our employees or affiliates; provided we may retain copies of information and Content associated with your account.

By registering for, or otherwise connecting to the Services with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service.

Content

Definition

For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, book, videos, motion pictures, audio recordings, music clips, video games, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.).

Notices and restrictions

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use license

Subject to these Terms and Conditions (including payment of all applicable fees and charges), we grant each registered user of the Services a worldwide, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Services in the manner set forth herein, and to access Content we make available via the Services solely for such user’s personal, non-commercial purposes during an applicable subscription or free membership period, and subject to any further usage restrictions we may indicate on the Services with respect to such Content. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. You agree and acknowledge that gobo and its licensors owns and retains all right, title and interest in its data, information and content on or through the Services, including without limitation, all associated copyright, trademark, patent and trade secret rights. Content served by gobo or third parties directly through the Services is the property either of gobo or its licensors, partners and/or advertisers. Other than as expressly provided herein, these Terms and Conditions gives you no express or implied license to gobo Content or any Content or any content owned by someone other than you including without limitation, any right to use sell, rent, copy, distribute, broadcast, modify, perform, or publicly display any gobo Content or any other content that is owned by someone other than you.

We do not transfer and, as between you and us we retain ownership of all right, title and interest in the Service, including without limitation, all its intellectual property rights. You shall not provide your password to any other person or use any other person’s user name and password.

Intellectual property

gobo takes intellectual property rights seriously and expects you to follow suit. This means, for example, that copying, reproducing, ripping or capturing, or attempting to copy, rip or capture, or making available to the public any part of the Services or Content is forbidden unless you have received express written permission from the underlying rights holder. You will not use the Services or Content to reverse-engineer, disassemble, decompile, modify, translate, sell, rent, lease, publish, transfer, distribute, broadcast, publicly display, assign, or otherwise exploit any content, elements, or materials on or through the Services or create derivative works based on the Services or Content or any part thereof. You will not circumvent any technology used by gobo, its licensors, or any third party to protect Content accessible through the Services. You will not rent, sell or lease your Account (nor any of the Content thereof). Lastly, and this should go without saying: it is not permitted to remove or alter any copyright, trademark, or other intellectual property notices contained or provided through the Services.

Availability of content

The Services include an online subscription service that provides members with access to Content on internet-connected Devices. Our library of Content is ever-changing, and we reserve the right to alter the Content available without notice. We do not guarantee that any Content will be made available (or continue to be available) on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Services.

Privacy policy

For details about our information practices, please read our privacy policy . This policy explains how we treat your personal information, and how we protect your privacy when you use the Services. You agree to the use of your data in accordance with our privacy policy.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

you know is false, misleading, untruthful or inaccurate;

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

impersonates any person or entity, including community members, curators, artist, or celebrities or any of our employees or representatives; or

includes anyone’s identification documents or sensitive financial information.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. If you see anything in gobo that violates these guidelines, please report it to our community team at thehelpdesk@itsagobo.com. We will respond as quickly as possible to remove any offensive or infringing content.

Explicit content

gobo shall have no liability or responsibility to you for any content or materials that may be available to you on the Service that you might find offensive, indecent, or objectionable.

Use of the services

Any attempt to use the Services to access or download the Content systematically or programmatically or to invade the privacy of or obtain personal information about any user of the Service (including any publicity, privacy, copyright or other intellectual property right) is not permitted. Any attempt to systematically or programmatically access, or download the Content in gobo will result in the termination of your account. If we suspect that you are attempting to systematically or programmatically access or download the Content in gobo, or if your behavior replicates, mimics, or resembles that of a program or automated task bot, we reserve the right to suspend your account without prior notice to you. Any use of the Services to take any action that is harassing, libellous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable.

Third party services

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Social Media

You may choose, upon availability, to connect your Account to Facebook and/or Twitter. Connecting to Facebook and/or Twitter is not necessary to use and enjoy the Services, but if you do decide to connect you will be able to take advantage of a number of social features. At the crux of social media is the sharing of information with others, and our interactive and social features reflect that. Please pay careful attention to the Privacy Settings in both your Account, Facebook and Twitter to ensure that you have control over what information you are sharing and whom it is shared with. (These are two different Privacy Settings, so please adjust them accordingly; your choices in Facebook and/or Twitter do not necessarily transfer automatically over to your Account.)

Payments and Billing

Please refer to our Payment Terms for the payment terms, conditions and policies applicable to the Services. By subscribing for, ordering and/or purchasing any subscription or other paid services, you agree to be bound by and accept the Payment Terms. The Payment Terms are subject to change without prior notice at any time, at gobo’s sole discretion. You should review the Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by gobo. gobo’s subscriptions and other paid services are made available through the Services, and are accordingly also subject to these Terms of Service. The Payment Terms are incorporated into these Terms of Service by this reference.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

which users gain access to the Services;

what Content you access via the Services; or

how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. You understand that you may encounter offensive, indecent, or other objectionable content when using the Services. gobo will have no liability to you for any such content.

The services, our content, and third party content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and third party content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. Your use of the services is solely at your own risk.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to your use or misuse of, or access to the Services and Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of liability

In no event shall we, nor our directors, employees, agents, partners, suppliers or third party content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate).

Governing law; jurisdiction

These terms and your use of the website are governed by English law and any dispute arising from the terms or your use shall be subject to the exclusive jurisdiction of the English courts.

Dispute resolution

Negotiations

Before initiating any arbitration, you and gobo agree to first attempt to negotiate any dispute, controversy, or claim excluding dispute or claims listed under this Section (collectively, a “Dispute”) arising from these Terms and Conditions or related to the Services informally for at least thirty (30) days.

In the event of a Dispute, you or gobo must give notice to the other party in writing. Such notice must set include the name, address, and contact information of the party giving it, the nature and basis giving rise to the claim or dispute, and the specific relief requested.

gobo will send any notice to you by mail, if we have your mailing address, or otherwise to your email address. You and gobo will attempt to resolve a Dispute through informal negotiation within thirty (30) days from the date the first notice is sent to the other party. After thirty (30) days, either you or gobo may commence arbitration.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by informing you by an appropriate means of electronic communication, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely inform you of any significant modification, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes.

Miscellaneous

Entire agreement and severability

These Terms and Conditions are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to thehelpdesk@itsagobo.com.

No waiver

Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings

The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

Term and termination

We shall have the right to terminate this Terms and Conditions including, without limitation, your right to access and use the Services, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Terms and Conditions. You may terminate this Terms and Conditions at any time by deactivating your user account on the Services and discontinuing use of any and all parts of the Services. Upon termination of this Terms and Conditions for any reason, you shall immediately cease using the Services. All provisions of these Terms and Conditions and the Payment Terms which by their nature should survive termination shall survive any such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, your payment obligations under the Payment Terms, limitations of liability, and provisions related to choice of law.

Contact

Gobo Theatre Services Limited

The Exchange

Somerset House

Strand

London

WC2R 1LA

UK

PAYMENT TERMS

Payment Terms gobo

The Site is offered to you by Gobo Theatre Services Limited (“gobo”, “we”, “us”, or “our”) These Payment Terms (the “Payment Terms”) set forth an agreement between you and gobo with respect to the subscription services and other paid services made available by gobo on or through the gobo Services. gobo’s website is located at www.thisisgobo.com (the “Site”). We collectively refer to the Site, the services, features, content and software applications. These Payment Terms supplement the Terms and Conditions governing your use of the gobo Services (the “Terms and Conditions”), which are incorporated here by reference. Any capitalized terms used in these Payment Terms and not defined here will have the meanings set forth in the Terms and Conditions.

By using any part of the Services, or by creating a user account, you signify your acceptance of these Payment Terms. gobo may amend these terms from time to time in our sole discretion and without notice to you. When we make changes that we consider significant, we will inform you by an appropriate means of electronic communication.

You may only open a gobo account and/or use the Services if your acceptance of these Payment Terms is not prohibited by applicable law.

If you do not agree to these Payment Terms, you may not subscribe to the Services or otherwise obtain paid services made available by gobo. You should review these Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by gobo. If we make significant amendments to these Payment Terms, we will inform you by an appropriate means of communication. You will be deemed to have accepted these Payment Terms, as amended, if you continue to use the Services after we inform you.

Paid services

Certain of our Services (including access to our library of digital Content) may be subject to payments now or in the future (the “Paid Services”).Please note that any payment terms presented to you by us in the process of using or signing up for gobo Paid Services are deemed part of this Agreement.

Reaffirmation of authorization

Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method (defined below) the applicable subscription price for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to receive payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Memberships and other promotions

You may be required to provide an applicable billing payment method to register for a free membership offer to the subscription service provided on or through the Services. The length of any free membership offer may vary and will be indicated at the time you register. There is a limit of one membership offer per payment method provided. In that event, you agree that gobo may obtain a pre-authorization for the full subscription price that you will be automatically charged if you complete the membership and continue the subscription service. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and you agree that gobo will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorizations.

Any free membership or other promotion that provides access to a Paid Service must be used within the specified membership period. You must stop using a Paid Service and cancel your Subscription before the end of the free membership period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the free membership period and are inadvertently charged for a Paid Service, please contact us at thehelpdesk@itsagobo.com.

Your gobo subscription starts with a free membership offer, and continues until canceled. The membership lasts for the period specified during sign-up. If you cancel your subscription during the initial free month, you will not be charged. By starting your free membership, you authorize gobo to continue your month-to-month, year to year, 6 month-to-6 month subscription (and to charge you at our then-current monthly rate) automatically after the conclusion of the initial free membership. Subscription fees will be charged as per the membership selected to the payment method provided until your subscription is canceled. No refunds or credits will be provided for partial months, and the subscription fee is charged at the beginning of the monthly period and the first day following the expiration of your membership will be your anniversary date for billing purposes.

Your account

To use gobo – as a paid subscriber or as part of an unpaid membership run — you will need to create an account and provide certain registration information. As per our Terms of Service, you acknowledge that you are responsible for keeping your account and password secure, with carefully restricted access. You agree to accept responsibility for all purchases and other activities that occur under your account. gobo reserves the right to deny or cancel orders, and gobo may, in its sole discretion, terminate or suspend accounts. In the event that gobo terminates your account due to an actual or suspected violation of the Terms of Service or Payment Terms, products and services purchased in accordance with these Payment Terms or Terms of Service may be forfeited without any refund.

Payment methods

gobo accepts various forms of payment, as set forth on the gobo Site from time to time. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to gobo or submitting an order for other paid services offered through the Services, you authorize gobo, or its designated payment processor, to charge the account you specify for the purchase amount. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. All payments are to be made in the currency designated by us. You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank or financial institution including, but not limited to, monthly package fees, overdraft, insufficient funds and over the credit limit fees.

Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Recurring billing

By subscribing to Paid Services, you authorize gobo or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to the Paid Services, you will be charged immediately for the initial period of the subscription at the then-current fee. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as specified on the Services. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All fees paid and charges made prior to cancelling your subscription are non-refundable, including advance charge(s) or payment for a subscription term during which you cancel your subscription. Cancellation of your subscription does not relieve you of any obligations to pay accrued charges.

We may submit periodic charges (e.g., monthly fees) without obtaining any further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to your account or call our customer service.

Current information requirement

You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made on “my account” page or by calling customer service. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.

Auto-renewal for subscription services

Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected starting from the anniversary date corresponding to the first day following the end of your membership period, at the then-current non-promotional rate. For example, if your membership period for the Services expires June 17 and your subscription begins on June 18 your Payment Method will be charged on July 18 for the next monthly period unless you cancel prior to the anniversary date. To change or resign your Subscription Services at any time, simply call 033 0088 9654. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Canceling paid subscriptions

To cancel an ongoing, paid subscription, please call our help desk on 033 0088 9654. Once you have cancelled your subscription, gobo will stop billing you until and unless you re-subscribe under your account or any other. Any and all fees paid and charges made prior to cancellation or termination of your account are non-refundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are nonrefundable.

Termination

If gobo believes that you have violated these Payment Terms or the Terms and Conditions, we may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All fees paid hereunder are non-refundable. gobo may also in its sole discretion, and at any time, modify or discontinue the subscription service, or any part thereof, with or without notice. You agree that gobo is not liable to you or any third-party for any interference with, or termination of, your access to the subscription service.

These Payment Terms, together with the Terms of Service and Privacy Policy, constitute the entire agreement between you and gobo regarding your use of the Services. In the event of a conflict between these Payment Terms and the Terms and Conditions, these Payment Terms will govern.

For help with billing questions or other order inquiries, please email thehelpdesk@itsagobo.com.

PRIVACY POLICY

To provide you with the best possible service, gobo needs to collect some information about you. In the following paragraphs, we’ll explain our policy regarding the collection, use, and disclosure of your information. We’ll also describe what types of data we gather, what we do with it, and how you can manage and control its use (as pertains to your personal information). As we update and grow our services, this Privacy Policy may change. We will inform you of significant changes to the Privacy Policy by posting a notice through an appropriate means of electronic communication, but we encourage you to check back here from time to time to keep yourself apprised of any modifications.

The Site is offered to you by Gobo Theatre Services Limited (“gobo”, “we”, “our” or “us”). This Privacy Policy describes the policies and procedures of gobo on the collection, use and disclosure of your information on www.thisisgobo.com or www.itsagobo.com (the “Site”) and the services, features, content or applications we offer (collectively with the Site and the Application, the “Services”).

We will receive information about you in various ways and from various sources. These include:

  • if you register for the Site and the Services, through your user account on the Services (your “Account”)
  • your use of the Services generally; and
  • from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

What does this privacy policy cover?

This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ. When you click on a third party logo displayed on or in the Services, and it links you to a different website or application, you are acknowledging that our Privacy Policy no longer applies to that website or application. You must read the privacy policies of the Third Party Services to see how your personal information will be handled on such Third Party Services.

While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

What information do we collect?

The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.

Account information:

When you create an Account, you will provide information that could be Personal Information, such as your username, password and email address. The information we collect here will be used to process your registration, your orders and payments, and to communicate with you about these topics, among others. We may also use the e-mail address provided to send you updates about us and the Services, including news about added features, special offers and promotions, surveys, and other general correspondence about the Services. If you do not want to receive certain types of communications from us, simply click ‘unsubscribe’ in the body of the email or contact thehelpdesk@itsagobo.com.

You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services, but as stated above, we will contact you only rarely when we feel such information is important.

Content consumption information:

We receive and record information regarding Content consumption behaviour  on the Services including, but not limited to, the Content that users click or consume, duration of use, specific sections of the Content displayed.

Financial information:

We may collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information).In addition, such financial information is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.

We may also collect some limited information related to processing your payment, such as your postal code, mobile number, and details of your transaction history with the Services. In addition, the Payment Processor may provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they have stored (this information may include your card’s type, expiration date, and the last four digits of your account number).

IP address information and other information collected automatically:

We automatically receive and record information from your web browser or device when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on). Information that we may collect includes, without limitation: the URL you come from, the unique device ID, the network and computer performance of the device you are using, the browser type, browser language and identifying information, transactional information that enables digital rights management, the operating system you are using, the Application version, and your location information.

Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

Email communications:

We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.

Information collected using cookies:

Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet. Generally speaking, cookies make the Internet more useful by storing information about your preferences as you interact with our Services — this helps us tailor the Services to your taste.

Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. If you do not want gobo to use cookies, please leave the website and do not use our services.

This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.

The Services uses analytics services, including but not limited to Google Analytics, an analytics service provided by Google Inc. (“Google”),. Google Analytics use cookies to help analyze how visitors arrive at and use the Site, and provide us with statistical reports on Services activity. The information generated by the cookies or other technologies about your use of the Services (including IP address) (the “Analytics Services Information”) is transmitted to Google Analytics and potentially stored on servers in the United States. Google Analytics will use the Analytics Services Information to compile reports on the activity on the Services for us. The Analytics Services Information will also provide us with other services related to activity on the Services and Internet usage. Google may also transfer the Analytics Services Information to third parties where required to do so by law, or where such third parties process the Analytics Services Information on their behalf. Google’s use of the Analytics Services Information is governed by the Google Terms of Service and the Google Privacy Policy; by using the Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

For more information about the use of cookies, visit www.allaboutcookies.org, www.youronlinechoices.eu (Europe) or www.aboutads.info/choices/ (United States). If you have any questions or comments about our use of cookies, please contact us at thehelpdesk@itsagobo.com.

Remarketing:

In addition to using cookies and related technologies in the ways described above, we may also allow certain third party companies to help us tailor advertising that we believe may be of interest to users, based on information collected about user activities on our Site. For example, we may use Google’s “remarketing” service to target advertisements to you based on past visits to our Site when you visit other sites in Google’s content network. This allows us to make special offers and continue to market our services to those who have shown interest in our service. Third-party companies may deliver ads that also place cookies and otherwise track user activities. Information collected for remarketing does not in any way identify you or give us or third-party companies access to your computer.

IP address information:

While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.

Information you elect to share:

Occasionally, at our discretion, we may include links to Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

Aggregate information:

We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Email communications with us:

As part of the Services, you may occasionally receive email and other communications from us, such as special offers we think may be of interest to you and communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Services, such as password recovery.

User profile information:

User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services.

Financial information:

As stated above, we may collect financial information. In addition, financial information is collected and stored by our Payment Processor. We may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

Information shared with our agents:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). For example, we may partner with other companies to provide infrastructure and IT services, process credit card transactions, provide customer support, analyse and enhance data, and personalize and optimize our web pages. We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use or disclose Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

Information disclosed pursuant to business transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Information disclosed for our protection and the protection of others:

We also reserve the right to access, read, preserve, and disclose any information without your consent as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, (ii) to satisfy requests from government institutions that have identified their “lawful” authorities request, (ii) enforce the Terms of Service or Payment Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Is information about me secure?

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your online device such as smartphone, computer and browser by signing off after you have finished accessing your Account.

We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

If you sell or return your smartphone or computer, it is your responsibility to log out of the Services, and to deactivate such devices before you return or sell them. If you fail to log out and deactivate such devices, subsequent users of such devices may be able to access your account information.

We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.

What information of mine can I access?

If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.

What laws apply to my information: The laws of England shall govern this Privacy Policy.

How can I cancel my subscription?

Should you ever decide to delete your subscription, you may do so through your Account or by calling our help desk on 033 0088 9654.

What choices do I have regarding my information?

  • You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.

What happens when there are changes to this privacy policy?

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you through an appropriate means of electronic communication. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been communicated.

What if I have questions or concerns?

If you have any questions or concerns regarding privacy using the Services, please send a detailed message to us at thehelpdesk@itsagobo.com. We will make every effort to resolve your concerns.

 

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