UPDATED February 19, 2020
Please carefully read these Terms & Conditions of Service (“Agreement” or “Terms of Service”) noted below before accessing, browsing or using the website and services offered at www.gofobo.com (the “Site”A). The Site and related sites are collectively referred to herein as the “Sites.” By accessing, browsing or using the Sites, you agree to, and will be bound by the terms and conditions of this Agreement. If you do not agree with the Terms of Service, do not access, browse or use the Sites, or register for any portion of the website or services offered on the Sites. Gofobo reserves the right to change this Agreement at any time by posting an updated Terms of Service on the Sites.
Gofobo.com provides an online community for movie fans to interact with movies through advance movie screenings, promotions, contests, sweepstakes and special events. Gofobo (“GFB”) is committed to giving you a great online experience while protecting your information. This Policy applies to our website, www.gofobo.com (the “Site”), and any of our mobile websites or applications (each an “App”) and governs data collection and usage. “Service(s)” refers to GFB’s services accessed via the Site or any App. The terms “we,” “us,” and “our” refer to GFB. “You” refers to you, as a user of our Site or our Service. This Policy also explains how GFB may use and share your information, as well as how you may control certain uses of it. By using the Services, you consent to this Privacy Policy, our Terms and Conditions, and any written agreement(s) executed and in effect in connection with any of our products or services.
This Policy contains an arbitration clause and class action waiver. By using the Services, you consent to this Policy and agree any dispute or claim you may have against GFB related to or arising under your relationship with GFB or this Policy will be resolved in arbitration. You waive your right to bring claims in court, to have those claims heard by a judge or jury, and to file claims on behalf of anyone but yourself and your family.
Please read the following terms and conditions ("Terms & Conditions of Service") carefully. These Terms & Conditions of Service govern your access to and use of the site, including any content, information, products or services therein.
This Web site is operated by Screen Engine/ASI a company incorporated under the laws of the United States, whose principal place of business is at 7670 Opportunity Rd., Ste 250, San Diego, CA 92111, USA, trading under the name “gofobo”. Gofobo can be contacted by email at info@gofobo.com and through the Contact Us area.
This is a legal agreement between you and gofobo and applies to you whether you are a registered user of the site ("Member") or a non-registered user just browsing (collectively "gofobo Users").
The services offered by Gofobo include the Sites, and any other features, content, events or applications offered from time to time by Gofobo in connection with the Sites (collectively, "Services"). Gofobo’s Services are hosted in the United States.
BY ACCESSING, BROWSING, USING OR REGISTERING FOR THE SITES, THE SERVICES OFFERED ON THE SITES, OR ANY PART THEREOF, USERS AND THE ENTITIES OR PERSONS THEY REPRESENT (“YOU”, "USER" OR "USERS") AGREE TO BE LEGALLY BOUND AND ABIDE BY THE TERMS, CONDITIONS AND NOTICES SET FORTH OR REFERENCED HEREIN. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS, BROWSE, USE OR REGISTER FOR THE SITES, THE SERVICES OFFERED ON THE SITES, OR ANY PART THEREOF.
Gofobo reserves the right to change these Terms of Service from time to time and at its sole discretion, so please check the Sites periodically for changes as they are legally binding on you. If you do not agree to the Terms of Service, your sole remedy is to cease accessing, browsing or using the Sites and Services, and if applicable, cancel your account (defined below). Your continued use of the Sites and the Services following the posting of any changes to the Terms of Service constitutes your acceptance of those changes, and any new provisions of these Terms of Service that may be posted on the Sites.
(a) To become a member you must be at least 13 years old. In consideration of your use of gofobo and the gofobo service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by gofobo service's registration form (such information being the "Registration Data") and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or gofobo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, gofobo has the right to suspend or terminate your account and refuse any and all current or future use of the gofobo Web site and/or gofobo service (or any portion thereof).
For Users between the ages of 13 through 17 years of age, gofobo suggests that you review and discuss on-line safety guidelines with your parents. The Services are not aimed at or intended for children under the age of thirteen. We do not knowingly collect information from children under the age of thirteen through the Services. If we obtain actual knowledge that we have inadvertently collected personal information relating to a child under the age of thirteen, we will delete that information from our records. If you believe we might have any information from or about a child under the age of thirteen, please contact us at support@gofobo.com.
For more information, check out these resources:
www.onguardonline.gov
www.ftc.gov/bcp/edu/microsites/livinglifeonline/index.shtm
(b) As part of the registration and account creation process necessary to obtain access to portions of the gofobo Web site and/or the service, you will select a subscriber ID and a password. You will provide gofobo with certain registration information, all of which must be accurate and updated. You shall not
c) You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (1) immediately notify gofobo of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password information and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your gofobo account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, in gofobo's sole discretion, and may refer you to appropriate law enforcement agencies. You are responsible for all charges, if any, incurred up to the time the account is terminated. Gofobo cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of gofobo are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the gofobo Web site may be subject to prosecution.
You agree that you are only authorized, in accordance with, and pursuant to these Terms of Service, to visit, view and to retain a copy of pages of the Sites for your own personal, non-commercial use, and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use the Sites or Services for any purpose other than to review movie and promotional information, RSVP and receive tickets to events, purchase products and/or for personal use, unless otherwise specifically authorized by Gofobo to do so. As an express condition of your use of the Sites and Services, you warrant to Gofobo that you will not use the Sites and/or Services for any unlawful purpose or any purpose prohibited by these Terms of Service. You also agree not to link or deep-link to the Sites for any purpose, unless specifically authorized by Gofobo to do so. You acquire absolutely no rights or licenses in or to the Sites and/or Services and materials contained therein other than the limited right to utilize the Sites and/or Services in accordance with these Terms of Service. Should you choose to download content from the Sites, you must do so in accordance with these Terms of Service. Such download is licensed to you by Gofobo ONLY for your own personal, non-commercial use in accordance with these Terms of Service and does not transfer any other rights to you. You shall not, without authority, interfere with, damage or disrupt any part of the Sites, any equipment or network on which the Sites are stored, any software used in the provision of the Sites or any equipment or network or software owned or used by any third party. If you violate any part of these Terms of Service, your permission to use the Sites and Services automatically terminates and you must immediately destroy any copies you have made of any material obtained through the Sites and/or Services.
(a) You are solely responsible for the content that you post on or through any of the gofobo services, and any material or information that you transmit to other members and for your interactions with other users. Gofobo.com does not endorse and has no control over the content. Content is not necessarily reviewed by gofobo.com prior to posting and does not necessarily reflect the opinions or policies of gofobo.com. Gofobo.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
(b) Gofobo assumes no responsibility for monitoring the Sites and/or the Services for inappropriate content or conduct. If at any time Gofobo chooses, in its sole discretion, to monitor the Sites and/or Services, Gofobo nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
(c) You may not use the Sites to send, knowingly receive, upload, download, use or re-use any material, which does not comply with our content standards. You must comply with the spirit of the standards as well as the letter. Prohibited content includes, but is not limited to, content that:
(d) Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in any country from which they are posted.
(e) GOFOBO RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT, USER SUBMISSIONS OR MEMBERSHIP FROM THE SITES WITHOUT NOTICE AT OUR SOLE DISCRETION AND WITHOUT CAUSE OR REASON.
(f) Gofobo may at times request user feedback or in a form of a movie rating about a particular event or screening. That content may be used for public display on the Gofobo.com website in a form of a movie rating. If you participate in this within the site, any information you provide through submission may be publicly available and you should exercise with caution on whether to provide personal or sensitive information. By submitting a movie rating, you automatically grant to us and our designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sublicenseable, assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally display, distribute, create derivatives, adapt, transmit, sell, offer for sale, and import such material or incorporate such materials into any form now know or later developed, for any purpose or commercial, without compensation to the provider of the submission to the site. For this type of content, you represent and warrant all rights to grant the licenses and that comply with all applicable laws, rules and regulations.
We have no obligation to review the site or any submissions made that you or other third parties post to the site. You agree that we have the right to review the site and the materials you posted; to modify or remove any such content to disclose content and the identity of the poster to any third party in order to operate the site properly; to protect ourselves, our sponsors, advertisers, clients, and our members and visitors; to comply with legal obligations or government requests; and to endorse these terms or for any other purpose.
(a) Rules of User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Gofobo, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Sites and/or the Services. Gofobo does not control the Content posted via the Sites and/or the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Sites and/or the Services, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will Gofobo be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Sites and/or the Services.
You also agree that you will not harvest or collect information about the users or members of the Sites or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent and will not use the Sites for the purpose of harming or attempting to harm minors in any way. You further agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our Web pages of the Sites or the Content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or to adversely affect the operation of any computer software or hardware. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Sites without the prior express written permission of Gofobo. Although Gofobo cannot monitor the conduct of its users or members off the Sites, it is also a violation of these rules to use any information obtained from the Sites in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or member without such user's or member’s prior explicit consent.
Gofobo is not responsible for screening, policing, editing or monitoring the Content posted by users of communications on or through the Sites. If notified of inaccurate Content, Gofobo may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content. Notwithstanding the foregoing, neither Gofobo, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Gofobo, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication or content on the Sites.
You acknowledge and agree that gofobo may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to
You understand that the technical processing and transmission of the gofobo service, including your Content, may involve
Use of Web Forums at Your Own Risk. The Services may contain bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities (collectively "Forums").
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Web site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of our interactive services by a minor is subject to the consent of their parent or guardian. We advice parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
(b) Conduct with Gofobo Members, Users and Personnel and Third Parties
You will not use vulgar, obscene, or offensive language or behaviour toward, nor will you abuse, harass, threaten or harm, another Gofobo member, user or personnel, or any third party associated with the Sites or the Services, including, but not limited to, customer service representatives associated with the Sites or Services or personnel at Gofobo screenings. GOFOBO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY USER OR PERMANENTLY DELETE ANY MEMBER ACCOUNT FROM THE SITES WITHOUT NOTICE AT OUR SOLE DISCRETION AND WITHOUT CAUSE OR REASON.
(c) User's Grant of Limited License
By posting or submitting content to any User-submit areas of the gofobo Web site, you automatically grant, or warrant that the owner of such content has expressly granted, gofobo and its affiliates and licensees the royalty-free perpetual, irrevocable, nonexclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed and promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; and warrant and represent that you own or otherwise control all of the rights to the Content and that public posting and use of your content by gofobo will not infringe or violate the rights of any third party. You also permit any other User to access, store or reproduce the Content for that User's personal use.
You acknowledge and agree that the Sites are the copyrighted properties of Gofobo, and you further acknowledge that the Sites and the Services contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material, some of which are owned by Gofobo and some of which are owned by third parties (collectively 'Protected Content') that may be protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that, so far as Gofobo is aware, these rights are valid and protected in all forms, media, modes of distribution and technologies existing now or hereinafter developed. Protected Content may be copyrighted individually or as a collective work under applicable copyright laws and treaties, and Gofobo owns all copyrights in the selection, coordination, arrangement and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by Gofobo, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Gofobo is prohibited. In addition, use of the Content or materials for any purpose not expressly permitted in these Terms of Service is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Sites and the Services or these Terms of Service. The Sites, or any portions thereof, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Gofobo (and the copyright owner if other than Gofobo). You may not frame or utilize framing techniques to enclose any trademark, service mark, logo or other proprietary information (including images, text, page layout or form) of Gofobo and our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Gofobo's name, trademarks, service marks, or trade names without the express written consent of Gofobo. Any unauthorized use terminates the permission or license granted by Gofobo.
You agree not to use, transfer, distribute or dispose of any information contained in Gofobo and the Services in any manner that could compete with the business of Gofobo. You agree to protect the proprietary rights of Gofobo and all others having rights in the Sites and the Services during and after the term of this Agreement and to comply with all reasonable written requests made by Gofobo or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Sites and the Services. You agree to notify Gofobo in writing promptly upon becoming aware of any unauthorized access or use of the Sites or the Services by any party or of any claim that the Sites or the Services infringe upon any copyright, trademark or other contractual, statutory or common-law rights.
Illegal and/or unauthorized uses of the Sites, including, but not limited to, unauthorized ticket sales, duplication or alteration of tickets, unauthorized framing of or linking to the Sites or unauthorized use of any robot, spider or other automated device on the Sites, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
As noted above, except as provided in the preceding paragraphs, or as permitted by the fair-use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce or distribute for commercial purposes any materials or design elements on the Sites protected by copyright, or other proprietary right without the express written permission of Gofobo
In further instance of the above noted, you hereby agree as follows: you will not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Sites, tickets or the Services; except that you may download materials from the Sites and Services and/or make one (1) print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices on such materials. Modification of the Sites’ content and/or ticketing service would be a violation of Gofobo's copyright and other proprietary rights, and legal actions may be taken against offenders. Additionally, you may not offer any part of the Sites or the Services for sale, or distribute the Sites (in whole or in part) or the Services over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the Internet without the prior written consent of Gofobo. Furthermore, you may not use any of Gofobo's brands, logos, trademarks, trade names, trade dress or service marks (collectively, the “Marks”) in any manner, which creates the impression that such Marks belong to or are associated with you or are used with Gofobo's consent, and you acknowledge that you have no ownership rights in and to any of these Marks. You will not use the Sites or Services, or the information contained therein, in unsolicited mailings or spam material. You will not use any of Gofobo's Marks in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Sites or Services..
Transfer or resale of screening passes is strictly prohibited. Any violation shall subject the distributor and recipient to all remedies available at law including criminal prosecutions, terminations of right to participate and view screenings, or future rights to participate in screenings and events.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, trade dress, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Gofobo the Sites and/or the Services (collectively, "Intellectual Property Rights") shall, as between you and Gofobo, at all times be and remain the sole and exclusive property of Gofobo. All present and future rights in and title to the Sites and/or the Services (including the right to exploit the Sites and/or the Services and any portions of the Sites and/or the Services over any present or future technology) are reserved to Gofobo for its exclusive use.
Gofobo respects the intellectual property rights of others and expects its users and members to do the same. Gofobo will respond to notices of alleged copyright infringement if such notices comply with and are properly provided to us in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law. Gofobo reserves the rights to remove content or disable access to content that is alleged to be infringing the copyrights of others. In addition, Gofobo reserves the right to terminate the accounts of members, or deny users permission to access, browse or use the Sites who repeatedly infringe the copyrights of others.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright and believe that a User of Gofobo has infringed your copyrights, please notify Gofobo’s designated agent noted below and provide the following information:
(a) Reasonably sufficient details to enable gofobo to identify the copyrighted work claimed to be infringed or, if multiple copyrighted works are claimed to be infringed, a representative list of such copyrighted works (for example: title, author, any registration or tracking number, URL);
(b) Reasonably sufficient detail to enable gofobo to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
(c) Your contact information, including your address, telephone number, and if available, email address;
(d) A statement that you have a good faith belief that the use of the material identified in (b) is not authorized by the copyright owner, its agent, or the law (including, as a fair use);
(e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner, or authorized to act on behalf of the copyright owner of the exclusive right that is alleged to be infringed; and
(f) Your full legal name, and your physical or electronic signature.
Gofobo’s designated agent can be reached at:
By Mail:
Attn: Compliance Representative
ticktBox, a Screen Engine/ASI company
7670 Opportunity Road
San Diego, CA 92111
USA
By E-mail:
support@gofobo.com
Users may, through hypertext or other computer links, gain access to other sites on the Internet that are not under gofobo's control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by gofobo, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy or otherwise reviewed by gofobo. These third-party sites are not, and you acknowledge that gofobo is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such by gofobo, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by gofobo.
Portions of the Sites’ content are supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors and not of Gofobo. Gofobo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Sites and/or Services by anyone other than an authorized employed spokesperson of Gofobo while acting in his or her official capacity.
You agree that your use of the Services are at your sole risk and acknowledge that the Sites and the Services and anything contained therein or available through, including, but not limited to, materials, information, software, products, content, services, goods or advertisements (the "items") are provided "as is" and "as available" for your use, and that Gofobo makes no warranty of any kind, express or implied, as to the items, including, but not limited to, implied warranties of merchantability, non-infringement, title or fitness for a particular purpose or use. Gofobo, its affiliates, subsidiaries and licensors do not warrant that the Sites and the Services are accurate, reliable or correct; that the Sites and the Services will be available at any particular time or location; that any defects or errors will be corrected; or that the Sites and the Services are free of viruses, worms or 'Trojan Horses' or other harmful components and they are not liable, jointly or separately for any damage you may suffer as a result of destructive features. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Moreover, you agree that gofobo, its suppliers and its third-party agents shall specifically have no responsibility or liability for:
Gofobo is not responsible for the availability, content or accuracy of the content of other sites, websites, applications, services, goods or advertisements that may be linked to, or advertised on, the Sites or the Services which are not maintained or controlled by Gofobo.
Gofobo does not
Gofobo is also not responsible for the reliability of continued availability of the telephone lines and equipment you use to access the gofobo Web site or the gofobo service. You understand that gofobo and/or Third-party contributors to the gofobo Web site or the gofobo service may choose at any time to inhibit or prohibit their content from be accessed under the Terms & Conditions of Service.
Gofobo's liability in such jurisdictions shall be limited to the extent permitted by law.
In no event shall gofobo's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, in any connection with the Sites and Services
You agree to defend, indemnify and hold harmless Gofobo and its subsidiaries, affiliates, officers, directors, representatives, contractors, agents, suppliers, co-branders or other partners and employees from any and all liabilities, claims, expenses or demand, including reasonable attorneys' fees made by any third party due to or arising (1) from your use or misuse of or your connection to the Sites and/or Services; (2) out of Content you submit, post to or transmit through the Services; (3) from your violation of the Terms of Service; or (4) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Gofobo reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gofobo in asserting any available defences.
If you choose to attend an event posted on the Sites, you agree to indemnify and hold Gofobo and its affiliates, and each of Gofobo's and its affiliates' respective officers, agents, employees, representatives, contractors and principals harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of situations that arise at an event.
In no event will gofobo be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if gofobo has been advised of the possibility of such damages.
It is a violation to use any information obtained from the Sites in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any Sites’ user or member without their prior explicit consent.
You Represent, Warrant and Covenant That:
(a) you have the power and authority to enter into this agreement;
(b) you shall not use any rights granted hereunder for any unlawful purpose; and
(c) you shall use the Sites and the Services only as set forth in these Terms of Service.
Gofobo makes no representation that materials on the Sites and/or the Services are appropriate, legal or available for use in locations outside the United States or Canada, or that it is authorized for export from the United States or Canada or import into any other country. These Sites are not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Those who choose to access the Sites from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of the Sites and the Services. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States or Canada from which you may access the Sites and the Services.
A. Gofobo works with our studio clients and the community on the fair and equitable distribution of passes, however our studio clients have sole discretion on the final issuance of screening passes. In certain circumstances, users may have an option to enter into a pool of users that may receive a screening pass pursuant the studio clients’ sole discretion on the selection of such users; those users selected may receive an e-mail invitation to download a screening pass. There is no guarantee that a user will receive an invitation to download a screening pass upon entering into the pool. Furthermore, an invitation to download a screening pass does not guarantee a seat at a screening. Seating is on a first-come, first served basis, except for members of the reviewing press. The theater is overbooked to assure a full house. The theater is not responsible for overbooking. Furthermore, no one will be admitted without a screening pass, and no one will be gain admittance after screening begins except the reviewing press.
B. It is in the interest of fairness that we ask our guests to limit their RSVPs to all community screenings to NO MORE THAN FOUR (4) SCREENINGS PER 30 DAY PERIOD (“Screenings Policy”). Those found in violation of this Screenings Policy may have their screening privileges suspended for 45 days. Repeated violation of the Screenings Policy may result in deletion of their membership to the Sites and/or Services. In addition, as a community we want to contribute to a mutually respectful and cooperative work environment for the studio and agency representatives who conduct the screenings. Abusive language and/or disruptive behaviour from any Gofobo member that hinders the safe conduct of a promotional screening will NOT BE TOLERATED. Representatives may exercise their judgment and have abusive/disruptive members removed from the screening. In addition, repeated use of abusive language and/or disruptive behaviour or violation of the RSVP Policy may result in member screening privileges suspension or revocation. Members found creating multiple user accounts in order to claim extra screening passes are in violation and may have their accounts suspended or deleted without notice.
C. Members must meet minimum age requirements as set forth by the MPAA, or any of their relevant foreign equivalent for Members outside the US, including, but not limited to, the British Board of Film Classification, to RSVP and attend gofobo screenings. Members found in violation of this policy will be asked to leave. Check rating information and minimum age requirements at mpaa.org.
In accordance herewith, either you or Gofobo may terminate the Terms of Service with or without cause at any time and effective immediately. You may terminate the Terms of Service by discontinuing to access, browse or use the Sites and the Services, and destroying all materials obtained therefrom. Failure to comply with these Terms of Service constitutes a material breach of the terms upon which you are permitted to access, browse or use the Sites. Your permission to access, browse or use the Sites and the Services will terminate immediately without notice from Gofobo if you, in Gofobo's sole discretion, fail to comply with any provision of these Terms of Service. Upon termination by you or upon notice of termination by Gofobo, you must immediately cease all use of the Sites and the Services and destroy all materials obtained from the Sites and the Services and any copies thereof. To manually cancel your member account, please send your request through the “Contact Us” area on the site at www.gofobo.com.
The section headings used in these Terms of Service are for convenience only and do not form a part of these Terms of Service and no construction or inference shall be derived from them
These Terms & Conditions of Service, the gofobo Privacy Policy, and any and all other terms and conditions of service on the Sites and their successors, represent and constitute the entire agreement between you and gofobo regarding your relationship with gofobo, supersedes any prior statements or representations and governs your use of the Sites and the Services.
Gofobo may update this Policy or the Services to reflect material changes in how we collect, use, share, or store your information, to satisfy legal requirements, or for other business purposes. You should review this Policy when you visit the Services to understand our current practices. The date at the top of the page shows when this Policy was last updated.
We encourage you to refer to this Policy on an ongoing basis so that you understand our current practices. You consent to any changes we make to this Policy if you continue to use the Services after receiving a notice of the change or upon our posting of the new Policy on the Services.
Any interpretation associated with this Policy will be made by Gofobo’s legal counsel. This Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it means “including without limitation.”
This Policy does not create or confer upon any individual any rights, or impose upon Gofobo any rights or obligations outside of, or in addition to, any rights or obligations imposed by applicable country, state, and other laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and applicable privacy laws, this Policy shall be interpreted in that case to give effect to, and comply with, such laws.
In the event any privacy or other issue remains unresolved between you and Gofobo after you contact us at support@gofobo.com, all disputes will be settled by binding arbitration administered by an arbitrator of GFB’s choosing or the American Arbitration Association. All arbitration will occur within Los Angeles County, CA. You may contact GFB to make an arbitration request at support@gofobo.com. Neither you nor Gofobo shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
We recognize that the Services may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of California. You should be aware that data related to the Services is hosted in the United States. Because we cannot practicably prevent users in different jurisdictions from accessing the Services, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Services or any of their content or functionality, the Services are not intended for you, and we ask you not to use them or submit any information through them.
This following describes gofobo’s cookie policy, which applies to the services offered by gofobo.com ("gofobo.com" or "We") including the gofobo.com Web site ("gofobo Web Site"), and any other features, content, events or applications offered from time to time by gofobo.com in connection with the gofobo Web site (collectively "gofobo"). If you do not accept this Cookie Policy, please do not use this Web site. To read more about the cookies we use and to change your settings see our cookies policy.
Websites may create files known as cookies – which are small text files – on its users’ computers, which allow websites to recognize its users on subsequent visits, users’ preferences or interests, or to authorize other designated websites to recognize these users for a particular purpose.
Cookies can also help ensure that the advertisements that you see online are more relevant to you and your interests. Much, though not all, of the data that they collect is anonymous, though some of it is designed to detect browsing patterns and approximate geographical location to improve user experience.
Some of our pages may also contain images called ‘web beacons’ (also known as ‘clear gifs’), which allow us to count visitors. Web beacons only collect limited information, including a cookie number, a timestamp, and a record of the page on which they are placed. We may also carry web beacons placed by third party advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.
Information collected by cookies and web beacons is not personally identifiable.
Broadly speaking, there are four types of cookie: strictly necessary cookies, performance cookies, functionality cookies and targeting or advertising cookies.
Strictly necessary cookies are essential to navigate around a website and use its features. Without them, you wouldn’t be able to use basic services like shopping baskets and e-billing.
Performance cookies collect anonymous data on how visitors use a website; they can’t track users, and are only used to improve how a website works.
Functionality cookies allow users to customize how a website looks for them: they can remember usernames, language preferences and regions, and can be used to provide more personal services like local weather reports and traffic news.
Advertising and targeting cookies are used to deliver advertisements more relevant to you, but can also limit the number of times you see an advertisement, and be used to chart the effectiveness of an ad campaign by tracking users’ clicks. They can also provide security in transactions. They are usually placed by third-party advertising networks with a website operator’s permission, but can be placed by the operator themselves. They can remember that you have visited a website, and this information can be shared with other organizations, including other advertisers.
Additionally, these cookies break down into two further sub-types.
Persistent cookies remain on a user’s device for a set period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
Session cookies are temporary. They allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Once you close the browser, all session cookies are deleted.
Gofobo collects a number of cookies from its users for various reasons, not least to track our own performance – but also to let us serve you content tailored to your own specifications, hopefully improving your overall experience of the site. Amongst other things, the cookies we use allow users to register to make comments, allow us to calculate how many visitors we have - anonymously, of course - and how long they stay on our site.
We do our utmost to respect users’ privacy. We use these cookies to monitor and improve our services, but they do also allow us to sell advertising space, which helps keeps us free to our readers (and, with a user’s consent, market carefully selected services to individual users). We believe that your experience of the site would be adversely affected if you opted out of the cookies we use.
Most browsers accept cookies automatically, but you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. Generally you have the option to accept all cookies, to be notified when a cookie is issued or reject all cookies. Visit the ‘options’ or ‘preferences’ menu on your browser to change settings.
By continuing to use our site, you agree to the placement of cookies on your device. If you choose not to receive our cookies, we cannot guarantee that your experience will be as fulfilling as it would otherwise be. For instance, the site won’t be able to recognize your commenter ID, meaning that you won’t be able to leave comments.
California Civil Code Section 1798.83 permits California residents who are users of the Services to request from us once a year, free of charge, information about the personal information GFB disclosed to third parties for direct marketing purposes in the preceding calendar year (if any). If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which GFB shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at support@gofobo.com. “Do Not Track” is a privacy setting that you may set in your web browsers. If turned on, this setting requests that websites not track information about users. At this time, we do not respond to “Do Not Track” browser settings or signals.
You can review and change your personal information by logging into the Services and visiting your profile. You may also send us an e-mail at support@gofobo.com to correct or delete any personal information that you have provided to us. If you request that your profile information be deleted or if you unsubscribe from communications, we may maintain information about your inquiries for future service and recordkeeping purposes. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide you information, products, or services. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you have questions or comments about this Privacy Policy or the Services, please contact us at: support@gofobo.com.
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