Terms & Conditions of Service
UPDATED June 21, 2013
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”) and before accessing or using the website and services offered at www.gofoboshop.com (the “Shop”). The Site and the Shop 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.
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
7. Rules Of User Conduct: User's Grant of Limited License
8. Proprietary Rights: Restrictions on Use
9. Rights Reserved
10. The Shop
11. DMCA Copyright Policy
12. Third-Party Websites and Links
13. Disclaimer of Warranties; Limitation of Liability
14. Representations and Warranties
15. International Use
16. Gofobo RSVP Policy
19. Entire Agreement
20. 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 email@example.com 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, including but not limited to the purchase of products at the Shop (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.
3. Modification of the Site or Terms & Conditions of Service
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.
For more information, check out these resources:
(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 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:
• 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 SITES WITHOUT NOTICE AT OUR SOLE DISCRETION AND WITHOUT CAUSE OR REASON.
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 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
• 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; and/or
• changes to conform and adapt to technical requirements of connecting networks or devices.
Use of Web Forums at Your Own Risk. The Services 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.
8. Proprietary Rights: Restrictions on 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.
9. Rights Reserved
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.
10. The Shop
In addition to this Terms of Service, the following terms and conditions apply specifically to your use of, and the purchase of products from Gofobo’s online store, which can be found at www.gofoboshop.com (the “Shop”):
A. Pricing & Availability of ProductAll products and prices of products displayed and/or described on the Shop are subject to change at any time at Gofobo’s discretion. Once an order is placed at the Shop, we will attempt fill such order subject to available inventories.
B. TaxesWhen required by law, you are responsible for any taxes owed on any product(s) purchased at the Shop, which shall be invoiced to you at the time of purchase.
C. ShippingThe Shop only ships items within the United States. No shipments can be made to P.O. Box addresses, or addresses located outside of the United States. Subject to available inventories, we will endeavour to promptly ship your purchased product(s) as soon as we can. We cannot guarantee that the shipment of your products will be made within a certain time for any and all purchases made from the Shop
D. Return and Exchange Policy
1. We want you to be happy with your purchase from the Shop. All unworn, unused item(s) may be returned or exchanged within twenty-one (21) days of the ship date. Tags and/or labels should still be on items. Any defective or damaged item or incorrect shipment will be replaced at no cost, including the retail price paid, plus any applicable sales tax, to the credit card on the original order. Refund amount will be made to the original form of payment. We do not refund to match promotional discounts or coupons, as these items will not apply to previous purchases, and we do not necessarily refund postal charges on returned or exchanged product(s).
2. Return Merchandise Authorization (RMA) is required. Please email our Support Team at firstname.lastname@example.org BEFORE sending back a shipment to us via our Return Merchandise Authorization process (RMA). This will allow us to be prepared for the arrival of your shipment.
3. The customer is responsible for all return shipping charges, including duty and tax, if applicable. We cannot accept C.O.D. shipments. For your protection, we suggest all returns be sent back to us through a traceable carrier. Most major carriers offer tracking information; however, domestic and international parcel packages are typically not traceable. The customer is also responsible for all re-delivery postal charges.
4. Please allow 10 business days after receipt in our warehouse for your return and refund to be processed.
5. Out of stock items will be refunded only.
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:
Attn: Compliance Representative
Entertainment Printing Services, LLC
1406 Crestdale Drive
Houston, Texas 77080-7214
12. 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.
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:
• 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 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
• 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 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.
14. 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 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.
16. 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 (“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
19. Entire Agreement
These Terms of Service and the relationship between you and Gofobo 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 Service 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 in exercising any right, power or privilege under these Terms of Service 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 Service. The invalidity or unenforceability of any provision of these Terms of Service 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 Services or these Terms of Service 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 Service are for convenience only and have no legal or contractual effect. These Terms of Service 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's prior written consent.