Terms & Conditions of Service
UPDATED MARCH 5, 2013
To continue to use this site, please read the Terms & Conditions of Use below, and complete the form to confirm your acceptance. By ticking the "Accept Terms & Conditions of Use" box, you agree to, and will be bound by, the Terms & Conditions of Use. If you do not agree to the Terms & Conditions of Use, you must not access, use, or register for the services offered on the GOFOBO site.
TABLE OF CONTENTS
1. Welcome to gofobo!
2. User Acceptance and Consent to Terms and Conditions of Service
3. Modification of the Site or Terms & Conditions of Service
4. Registration: Member Account Creation and Security
5. License: Permitted Use
6. Content
7. Rules Of User Conduct: User's Grant of Limited License
8. Proprietary Rights: Restrictions on Use
9. Rights Reserved
10. DMCA Copyright Policy
11. Third-Party Websites and Links
12. Disclaimer of Warranties; Limitation of Liability
13. Representations and Warranties
14. International Use
15. Gofobo RSVP Policy
16. Termination
17. Entire Agreement
18. Dispute Resolution
1. Welcome to gofobo!
Gofobo.com provides an online community for movie fans to interact with movies through advance movie screenings, promotions, contests, sweepstakes and special events.
2. User Acceptance and Consent to Terms and Conditions of Service
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 Entertainment Printing Services, LLC, a company incorporated under the laws of the United States, whose principal place of business is at 1406 Crestdale Drive, Houston, TX 77080-7214, 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.com ("gofobo.com" or "We") include 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"). Gofobo Services are hosted in the United States.
BY TICKING THE "ACCEPT TERMS & CONDITIONS OF USE" BOX, ACCESSING, USING OR REGISTERING FOR THE SERVICES OFFERED ON THE GOFOBO WEB SITE, 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, USE OR REGISTER FOR THE SERVICES OFFERED ON THE GOFOBO WEB SITE, OR ANY PART THEREOF.
3. Modification of the Site or Terms & Conditions of Service
Gofobo reserves the right to change these Terms & Conditions of Service from time to time and at its sole discretion, so please check back periodically for changes as they are legally binding on you. If you do not agree to the Terms & Conditions of Service, your sole remedy is to cease using the site and services, and if applicable, cancel your account (defined below). Your continued use of the gofobo Web site and its service following the posting of any changes to the Terms & Conditions of Service constitutes acceptance of those changes, and any new provisions of these Terms & Conditions of Service that may be posted on the gofobo Web site.
4. Registration: Member Account Creation and Security
(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.
For more information, check out these resources:
onguardonline.gov
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
• select a username or subscriber ID already used by another person;
• use a username or subscriber ID in which another person has rights without such person's authorization;
• use a username or subscriber ID or password that gofobo, in its sole discretion, deems offensive or inappropriate.
• Create multiple gofobo accounts in order to obtain additional screening passes in excess of the allotted number of passes per user.
• RSVP for screenings not in the approximate geographic location (50 miles) of user zip code.
• RSVP for screenings that the user will not personally plan on attending, i.e. RSVP to screenings for friends or others not registered with a gofobo account.
• RSVP to more than one screening a day.
• RSVP to multiple screenings of a single film.
(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.
5. License: Permitted Use
You agree that you are only authorized, in accordance with, and pursuant to these Terms & Conditions of Service, to visit, view and to retain a copy of pages of the gofobo Web site 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 gofobo Web site or gofobo service for any purpose other than to review movie and promotional information, and/or for personal use, unless otherwise specifically authorized by gofobo to do so. As an express condition of your use of the gofobo Web site and gofobo service, you warrant to gofobo that you will not use the gofobo Web site or service for any unlawful purpose or purpose prohibited by these Terms & Conditions of Service. You also agree not to link or deep-link to the gofobo Web site for any purpose, unless specifically authorized by gofobo to do so. You acquire absolutely no rights or licenses in or to the gofobo Web site and/or service and materials contained therein other than the limited right to utilize the gofobo Web site and/or service in accordance with these Terms & Conditions of Service. Should you choose to download content from gofobo, you must do so in accordance with these Terms & Conditions of Service. Such download is licensed to you by gofobo ONLY for your own personal, non-commercial use in accordance with these Terms & Conditions 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 Web site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party. If you violate any part of these Terms & Conditions of Service, your permission to use the gofobo Web site and service automatically terminates and you must immediately destroy any copies you have made of any material obtained through the gofobo Web site and/or service.
6. Content
(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.com assumes no responsibility for monitoring gofobo services for inappropriate content or conduct. If at any time gofobo.com chooses, in its sole discretion, to monitor gofobo services, gofobo.com 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 Web site 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:
• contains full or partial nudity, excessive violence, or offensive subject matter;
• publicly posts information that poses or creates a privacy or security risk to any person;
• harasses or advocates harassment of another person; violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
• contains any material which is defamatory of any person;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• is patently offensive and/or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or hatred or physical harm of any kind against any group or individual;
• contains a link to an adult website or potentially harmful website;
• is likely to deceive any person;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• gives the impression that it emanates from us, if this is not the case;
• promotes any illegal activity;
(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 SITE WITHOUT NOTICE.
7. Rules Of User Conduct: User's Grant of Limited License
(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 gofobo and/or the gofobo service. Gofobo does not control the Content posted via the gofobo Web site and/or the gofobo service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the gofobo Web site and/or the gofobo service, 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 gofobo and/or the gofobo service.
You also agree that you will not harvest or collect information about the users or members of the gofobo Web site 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 Web site 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 gofobo 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 gofobo 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 gofobo Web site without the prior expressed written permission of gofobo. Although gofobo cannot monitor the conduct of its Users off the gofobo Web site, it is also a violation of these rules to use any information obtained from the gofobo Web site in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any User without such User'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 gofobo Web site. 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 gofobo.
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
• comply with legal process;
• enforce the Terms & Conditions of Service;
• respond to claims that any Content violates the rights of third parties;
• protect the rights, property or personal safety of gofobo, its users and
• the public.
You understand that the technical processing and transmission of the gofobo service, including your Content, may involve
• transmissions over various networks;
• changes to conform and adapt to technical requirements of connecting networks or devices.
Use of Web Forums at Your Own Risk. The gofobo service contains 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) 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.
8. Proprietary Rights: Restrictions on Use
You acknowledge and agree that the gofobo Web site is the copyrighted property of gofobo, and you further acknowledge that the gofobo Web site and the gofobo service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material, some of which is owned by gofobo and some of which is 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 this gofobo 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 & Conditions 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 gofobo Web site and the gofobo service or these Terms & Conditions of Service. The gofobo Web site or any portion 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, logo or other proprietary information (including images, text, page layout or form) of gofobo and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing gofobo's name or trademarks 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 gofobo service 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 gofobo and the gofobo service 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 gofobo and the gofobo service. You agree to notify gofobo in writing promptly upon becoming aware of any unauthorized access or use of gofobo or the gofobo service by any party or of any claim that gofobo or the gofobo service infringes upon any copyright, trademark or other contractual, statutory or common-law rights.
Illegal and/or unauthorized uses of gofobo, including, but not limited to, unauthorized ticket sales, duplication or alteration of tickets, unauthorized framing of or linking to the gofobo Web site or unauthorized use of any robot, spider or other automated device on the site, 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 this gofobo Web site 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 may 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 a part of gofobo, tickets or the gofobo service: expect that you may download materials from the gofobo Website and service and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. Modification of the gofobo Web site content and 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 gofobo Web site or the service for sale or distribute it 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 trademarks, trade names or service marks in any manner, which creates the impression that such names and 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 names and marks. You will not use the gofobo Web site or service or the information contained therein in unsolicited mailings or spam material. You will not use any of gofobo's trademarks, trade names or service marks in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.
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.
9. Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, 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 the gofobo and/or the gofobo service ("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 gofobo Web site and/or the gofobo service (including the right to exploit the gofobo Web site and/or the gofobo service and any portions of the gofobo Web site and/or the gofobo service over any present or future technology) are reserved to gofobo for its exclusive use.
10. DMCA Copyright Policy
Gofobo respects the intellectual property rights of others and expects its Users to do the same. Gofobo will respond to notices of alleged copyright 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 Users 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
Entertainment Printing Services, LLC
1406 Crestdale Drive
Houston, Texas 77080-7214
USA
By E-mail:
11. Third-Party Websites and Links
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.
12. Disclaimer of Warranties; Limitation of Liability
A portion of gofobo's content is 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 gofobo 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 service is at your sole risk and acknowledge that the gofobo Web site and the gofobo service 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 gofobo Web site and the gofobo service is accurate, reliable or correct; that this gofobo will be available at any particular time or location; that any defects or errors will be corrected; or that the gofobo Web site and services is 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
• any injury or damages, whether caused by the negligence of gofobo, its employees, subcontractors, agents, suppliers or otherwise arising in connection with gofobo or the gofobo service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against gofobo by any other party;
• any fault, inaccuracy, omission, delay or any other failure in the gofobo Web site of gofobo service caused by your computer equipment or arising from your use of the gofobo Web site or the gofobo service on such equipment.
Gofobo is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on, the gofobo Web site or the gofobo service which are not maintained or controlled by gofobo.
Gofobo does not
• make any warranty, express or implied, with respect to the use of the links provided on, or to, the gofobo Web site or the gofobo service;
• guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the gofobo Web site or the gofobo service;
• make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the gofobo Web site or the gofobo service.
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 gofobo Web site and service.
You agree to defend, indemnify and hold harmless gofobo and its subsidiaries, affiliates, officers, directors, 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 gofobo Web site and/or the gofobo service; (2) out of Content you submit, post to or transmit through the gofobo service; (3) from your violation of the Terms & Conditions 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 gofobo, you agree to indemnify and hold gofobo and its affiliates, and each of gofobo's and its affiliates' respective officers, agents, employees, 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 this Site in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.
13. Representations and Warranties
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 gofobo Web site and the gofobo service only as set forth in these Terms & Conditions of Service.
14. International Use
Gofobo makes no representation that materials on this gofobo Web site and/or the gofobo service 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. This gofobo Web site is 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 this gofobo 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 this gofobo Web site and the gofobo 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 gofobo Web site and the gofobo service.
15. Gofobo RSVP Policy
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. Those found in violation of this policy may have their screening privileges suspended for 45 days. Repeated violation may result in deletion of their gofobo membership. 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 and repeated violations 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.
16. Termination
In accordance herewith, either you or gofobo may terminate the Terms & Conditions of Service with or without cause at any time and effective immediately. You may terminate the Terms & Conditions of Service by discontinuing use of the gofobo Web site and the gofobo service and destroying all materials obtained therefrom. Failure to comply with these Terms & Conditions of Service constitutes a material breach of the terms upon which you are permitted to use the Web site. Your use of the gofobo Web site and the gofobo service will terminate immediately without notice from gofobo if you, in gofobo's sole discretion, fail to comply with any provision of these Terms & Conditions of Service. Upon termination by you or upon notice of termination by gofobo, you must immediately cease all use of the gofobo Web site and the gofobo service and destroy all materials obtained from the gofobo Web site and the gofobo service and any copies thereof. To manually cancel your account, please send your request through the Contact Us area on gofobo.
17. Entire Agreement
These Terms & Conditions of Service, the gofobo Privacy Policy, the gofobo Cookie Policy and any and all other terms and conditions of service on www.gofobo.com, and its successor, 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 gofobo Web site and the gofobo service.
18. Dispute Resolution
These Terms of Use and the relationship between you and gofobo.com shall be governed by the laws of the United States and the State of Texas without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in Houston, Texas, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non convenient or otherwise. No failure or delay by gofobo.com in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without gofobo.com's prior written consent.