Terms And Conditions

The Rooftop Terms and Policies consist of:

• Terms of Use
• Movie Ticket Policy
• Cookies and Tracking Technologies Information Center
• Mobile Apps Information Center

Additionally you can see our Privacy Policy.

 

NOTICE OF ARBITRATION TERMS:

All the above Terms and Policies and your use of the Services are subject to binding individual arbitration of any disputes which may arise. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and less expensive way to resolve disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding or relating to: (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships with Rooftop, or (iii) any data or information you may provide to Rooftop or that Rooftop may gather in connection with such use, interaction or transaction (collectively, “Rooftop Transactions or Relationships”), you will NOT have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Rooftop Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of Rooftop’s Owners (as defined in the Privacy Policy) regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against Rooftop, and any claim that Rooftop may have against you, arising out of, relating to, or connected in any way with our Terms of Use, our Privacy Policy, our Terms and Policies, or any Rooftop Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated, or, if the amount in controversy exceeds USD $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Rooftop agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth herein; provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You further agree that:

• the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Rooftop (the “Arbitrator”);
• the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Policies and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms and Policies is void or voidable;
• the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Rooftop; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
• except for claims involving gift cards, the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
• the Arbitration can resolve only your and/or Rooftop’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
• the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
• in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Rooftop will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
• in the event you recover an Award greater than Rooftop’s last written settlement offer to you, the Arbitrator shall also have the right to include in the Award Rooftop’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Rooftop shall in all events bear its own attorneys’ fees; and
• with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Rooftop shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
• Rooftop may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Rooftop has given notice of such modifications and only on a prospective basis for claims arising from Rooftop Transactions and Relationships occurring after the effective date of such notification.
• Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Rooftop in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

These Terms of Use (these “Terms”) were last updated on: September 13, 2017. When we say “our”, “us”, “we”, “Rooftop” or “Rooftop Film Club” in these Terms, we mean Rooftop Film Club International or its subsidiaries. When we say “Services” or “Site” in these Terms, we mean websites operating under the Rooftop Film Club International brands or other brands that we own, as well as those of our websites, applications, emails and other communications that link to or reference these Terms or other Terms and Policies, or the other services provided through any of these means. These Terms are subject to, and shall also include, the other Terms and Policies.

NOTICE OF ARBITRATION PROVISIONS:

Your use of the Services is subject to binding individual arbitration of any disputes which may arise, as provided below and in our Terms and Policies. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.

1. ACCEPTANCE OF TERMS

These Terms of Use set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand and agree to be legally bound by these Terms.

If you do not agree to these Terms, please do not use the Services.

Rooftop may, subject to the below, change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

2. PERMITTED USE

Our Site and Services are for your personal and non-commercial use. They contain material that is derived in whole or in part from material supplied and owned by Rooftop and other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by Rooftop, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material in the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, “deep linking”), without Rooftop’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make a derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.

3. REGISTRATION, ACCOUNTS AND PASSWORDS

If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Rooftop of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Access and use of password-protected and/or secure areas of the Services is restricted to users who have been given a valid password by Rooftop. We may terminate your membership and access to the Services if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change it or terminate your account.

4. MOBILE TERMS

To view our Mobile Apps Information Center, click here.

The following additional terms are applicable to our mobile apps:

TEXTS AND OTHER SMS MESSAGES

If you are a member of Rooftop, you may receive text messages (SMS) and other promotional texts to your mobile phone using automated technology. You can unsubscribe at any time by texting ‘STOP’ or Contact Us.

You can either request individual text messages (such as show times for a particular movie) or sign up for text messages (movie alerts and special Rooftop promotions on a recurring basis) either on our website or on your mobile device. By subscribing to text messages, you consent to receiving, from time to time, text messages from Rooftop, which may include movie alerts, promotions, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us and for other business purposes.

ROOFTOP MOBILE TICKETS

Rather than bringing a Print-at-Home Bar-Coded Ticket or confirmation number to the theater, some of Rooftop’s exhibitor partners give you the option of having your ticket delivered to your mobile device as a picture message (a “Mobile Ticket”). The Mobile Ticket contains a unique barcode and some accompanying text with details of the movie you are going to see. If you have questions about the purchase or use of the Mobile Ticket, please see the Rooftop Mobile Ticket Delivery FAQ.

Your purchase of a Mobile Ticket will be deemed your agreement to the following terms:

Message and data rates may apply and, if so, are billed by and payable to your mobile service provider.

The Mobile Ticket is in the form of a unique barcode sent as a text message to your mobile device or delivered on the confirmation page from the Rooftop Movies – Times & Tickets Mobile App. The barcode and any accompanying text sent to you by Rooftop is the entire ticket, and not the barcode in isolation from the accompanying text. Accompanying text includes any text stating the originating source of the barcode. Any barcode with non-original text is invalid.

The Mobile Ticket barcode cannot be forwarded to anyone else. Doing so invalidates your Mobile Ticket without the right to a refund.

If you purchase multiple tickets in a single order, your Mobile Ticket holds all of those tickets, and all of your guests must arrive at the same time to gain entry using your Mobile Ticket.

Rooftop is not responsible for lost or stolen Mobile Tickets, except as required by law. Anyone attempting to gain entry with a Mobile Ticket reported lost or stolen, or cancelled for any other reason, may be reported to the authorities and may have their mobile device withheld as evidence.

Rooftop shall have the right to void any Mobile Tickets that violate these policies.

5. PRIVACY POLICY

PERSONALLY IDENTIFIABLE INFORMATION

Your use of the Services and any information provided by you or gathered by Rooftop or third parties during any visit to or use of the Services is governed by the Privacy Policy which is incorporated by this reference. You agree to Rooftop’s collection, use and sharing of your information as set forth in the Privacy Policy.

6. USER CONDUCT AND SUBMISSIONS

You are responsible for your use of the Services and the Site, and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services or the Site (including posts), usernames and passwords that you provide to the Services or the Site, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Site).

It is a condition of your use of the Services that you do not:

• Interfere with any other user from using and enjoying the Services;
• Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;
• Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, without Rooftop’s prior written consent;
• Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
• Attempt to gain unauthorized access to other computer systems or networks connected to the Services; or
• Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any service or product that may be presented by the Services.
• Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers.
• Use the Services for unlawful purposes.
• Additionally, you agree that you will not use the Services to upload, post, or otherwise distribute or facilitate distribution of any material that:
• Is libelous, defamatory or slanderous;
• Is sexually suggestive or contains explicit sexual content (including nudity);
• Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Does or may threaten, abuse, harass, or invade the privacy of any third party;
• Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;
• Encourages conduct that would constitute a criminal offense or give rise to civil liability;
• Impersonates any person or entity, including any employee or representative of Rooftop; or
• Violates any applicable law or these Terms.

Certain areas on the Services may allow you to provide us or others with photos and other images, commentaries, reviews, audio and video, “Feedback” (defined as suggestions, comments or other feedback you provide to us), posts, public or private messages or other content from you (“User Materials”). You alone are responsible for your User Materials, and once published, it cannot always be withdrawn. You assume all risks associated with your User Materials, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Materials that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your User Materials as described herein. You may not imply that your User Materials is in any way sponsored or endorsed by Rooftop.

You may expose yourself to liability if, for example, your User Materials contain material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. All User Materials must comply with these Terms. Specific additional rules or terms may apply to the submission of User Materials. In any event, any User Materials you send to us will not be treated as confidential.

7. MONITORING

Rooftop may, but has no obligation to, monitor the use of the Services by members. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Privacy Policy. Furthermore, Rooftop reserves the right at all times to disclose any information posted on any portion of the Services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Rooftop’s sole and absolute discretion are objectionable or in violation of these Terms.

8. GRANT OF LIMITED LICENSE

Rooftop may use User Materials in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant Rooftop and its affiliates and licensees a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use, including, but not limited to the right to copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of, any User Materials for any purpose. Please note that you also irrevocably grant the users of the Services and any Other Media the right to access User Materials in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Rooftop and its users any claims and assertions of moral rights or attribution with respect to your User Materials. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Rooftop the foregoing license without infringing or violating the rights of any third party. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of User Materials. You hereby confirm: (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through the Services does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; and (c) your posting is in accordance with these Terms and that we shall not be liable for any use or disclosure of such User Materials. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to the Services or Site. You acknowledge that we do not verify, adopt, ratify, or sanction User Materials, and you agree that you must evaluate and bear all risks associated with our use of User Materials or our reliance on the accuracy, completeness, or usefulness of User Materials.

9. COPYRIGHTS

Rooftop respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA” or the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Rooftop, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Rooftop to locate the material on the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Rooftop a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to: Rooftop Film Club International, DMCA Takedown Notice Process, Attn: Head of Operations, Rooftop Film Club, B3.1 Office Club, 133 Copeland Road, London, SE15 3SN, United Kingdom or [email protected]Rooftop suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.

10. PROPRIETARY RIGHTS

Rooftop owns all right, title and interest in and to the Services and all materials and content contained in the Services, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Services solely for personal use. Any other use of materials on the Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Rooftop is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Rooftop.

Rooftop’s service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Rooftop, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rooftop.

11. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Services and the Site is not designed or intended for use by children under the age of 13, and thus all users must be at least 13. If you are under age 18, you should use Rooftop only with involvement and permission of a parent or guardian. Some of our Services or portions of the Site may require you to be over the age of 18 or the age of majority for your state; please see the terms and conditions of the relevant offer for more details.

Pursuant to 47 U.S.C. Section 230(d) as amended, Rooftop hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

12. DISCLAIMER OF WARRANTIES

While Rooftop uses reasonable efforts to include up to date information on the Site and other Services, Rooftop makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

ROOFTOP PROVIDES THE SITE AND OTHER SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROOFTOP, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “ROOFTOP PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ROOFTOP DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR RISK.

13. EXCLUSION OF DAMAGES

NONE OF THE ROOFTOP PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF ROOFTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE ROOFTOP PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, ROOFTOP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SITE OR OTHER SERVICE BY YOU OR ANY THIRD PARTY.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL THE ROOFTOP PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO ROOFTOP IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.

15. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, ROOFTOP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

16. THIRD PARTY WEB SITES AND FUNCTIONALITIES

THE THIRD-PARTY WEB SITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY ROOFTOP. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, ROOFTOP MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEB SITES OR THIRD PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD SERVICES OR WEB SITES OR THIRD PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEB SITES OR THIRD PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY SERVICE OR WEB SITE, OR INCLUSION OF A THIRD PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY ROOFTOP. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY WEB SITES OR SERVICES OR THIRD PARTY TOOLS.

17. INDEMNIFICATION

You will indemnify and hold harmless the Rooftop Parties, and at Rooftop’s option defend the Rooftop Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Rooftop Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Rooftop Parties, Rooftop may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Rooftop.

18. TERMINATION

In its sole and absolute discretion, with or without notice to you, Rooftop may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services, or (vi) failure to use the Services on a regular basis. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by e-mailing Rooftop at [email protected] Rooftop shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Rooftop may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Rooftop.

19. GENERAL

These Terms and the relationship between you and Rooftop shall be governed by the laws of the United States and the States which Rooftop operates without regard to its conflict of law provisions. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts, 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 nonconveniens or otherwise. Licensors of the Rooftop Services are third party beneficiaries to these Terms. No failure or delay by Rooftop in exercising any right, power or privilege under these Terms 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. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms 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 which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms, our Privacy Policy, our Terms and Policies, or other Rooftop Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms 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, and may not be amended, altered or waived except in writing by the party to be charged. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Rooftop’s prior written consent.

20. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships with Rooftop, or (iii) any data or information you may provide to Rooftop or that Rooftop may gather in connection with such use, interaction or transaction (collectively, “Rooftop Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Rooftop Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of Rooftop’s Owners (as defined in the Privacy Policy regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against Rooftop, and any claim that Rooftop may have against you, arising out of, relating to, or connected in any way with our Terms of Use, our Privacy Policy, our Terms and Policies, or any Rooftop Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Rooftop agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth herein, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You further agree that:

• the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Rooftop (the “Arbitrator”);
• the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Policies and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms and Policies is void or voidable;
• the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Rooftop; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
• except for claims involving gift cards, the Arbitrator (i) shall apply internal laws of the State in which Rooftop operates consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with State or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
• the Arbitration can resolve only your and/or Rooftop’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
• the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
• in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Rooftop will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
• in the event you recover an Award greater than Rooftop’s last written settlement offer to you, the Arbitrator shall also have the right to include in the Award Rooftop’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Rooftop shall in all events bear its own attorneys’ fees; and
• with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Rooftop shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
• Rooftop may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Rooftop has given notice of such modifications and only on a prospective basis for claims arising from Rooftop Transactions and Relationships occurring after the effective date of such notification.
• Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Rooftop in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

Movie Ticket Policy

This Movie Ticket Policy (this “Movie Ticket Policy”) was last updated on: September 13, 2017. When we say “our”, “us”, “we”, “Rooftop” or “Rooftop Film Club” in this Movie Ticket Policy, we mean Rooftop Film Club International or its subsidiaries. When we say “Services” or “Site” in this Movie Ticket Policy, we mean websites operating under the Rooftop Film Club International brands or other brands that we own, as well as those of our websites, applications, emails and other communications that link to or reference this Movie Ticket Policy or other Terms and Policies, or the other services provided through any of these means. This Movie Ticket Policy is subject to, and shall also include, the other Terms and Policies.

NOTICE OF ARBITRATION PROVISIONS: Your purchase of Rooftop tickets or other use of our Services is subject to binding individual arbitration of any disputes which may arise, as provided in the Terms and Policies. Please read the arbitration provisions carefully and do not purchase tickets from Rooftop or otherwise use our Services if you are unwilling to arbitrate any disputes you may have with us as provided below.

Our goal at Rooftop is to make your movie-going experience as easy and enjoyable as possible. Our Movie Ticket Policy is designed to provide you with much of the information you need. Please take a minute to read the following:

1. REFUNDS AND EXCHANGES

Refunds and exchanges of Rooftop movie ticket(s) are available in certain limited circumstances. Movie tickets purchased through the Services include a non-refundable Rooftop Convenience Charge. Before purchasing your Rooftop movie ticket(s) we urge you to confirm the title, time, location and quantity of tickets for the movie you wish to see. Gift vouchers are valid for 1 year from date of purchase, after which they will expire. Refunds cannot be claimed on expired vouchers.

A refund will return the value of the Rooftop movie ticket(s) you purchased using the Services to the method of payment used for the transaction, minus the per-ticket Rooftop Convenience Charge and subject to certain eligibility restrictions as described below. Amounts paid with gift cards will not be refunded; instead, amounts paid with gift cards will be credited for future ticket purchases. If a promo code is used to purchase a ticket, the amount paid with the promo code will be forfeited, and will not be refunded.

Instead of a refund, you may wish to exchange your Rooftop movie ticket(s) for another movie and/or show time. Exchanging your Rooftop movie ticket(s) will allow you to keep the Rooftop movie ticket price and the per-ticket Rooftop Convenience Charge as a stored credit in your Rooftop account, subject to certain eligibility restrictions as described below. Any stored credit in your Rooftop account will automatically be applied to your next Rooftop movie ticket purchase made through the Services using your Rooftop account. Amounts paid with gift cards can be used for exchanges. If a promo code is used to purchase a ticket, the amount paid with the promo code will be forfeited, and cannot be used for an exchange.

You may initiate a refund or exchange using an online automated tool accessible via your Rooftop account available through the website, mobile phone apps, or your purchase confirmation email. However, in certain events such as when the total value of your refund or exchange exceeds Rooftop’s self-service refunds and exchanges limit and/or your purchase includes the use of a Rooftop gift card or promo code, you may be directed to Rooftop Customer Service to complete your refund or exchange. Please note that once you have received an exchange, Rooftop credits may be exchanged for other credit but are no longer eligible for a refund back to your credit card or other payment type.

The refunds and exchanges eligibility period is defined as 7 days prior to the date of the first event of any of the Rooftop movie tickets included in your purchase. In certain circumstances tickets may be sold as non-refundable.

You are eligible for a refund (minus any Rooftop Convenience Charges) or exchange only if you: (i) are seeking a refund or exchange of an entire order (i.e. no partial refunds or exchanges), (ii) initiated the refund or exchange within the refunds and exchanges eligibility period prior to show time for the earliest show time of any of the Rooftop movie tickets included in your purchase, (iii) used a credit card, PayPal or Rooftop gift card (except that gift cards purchases can be exchanged but not refunded) to pay for the transaction, and (iv) already have a Rooftop account or you create one during the initiation of a refund or exchange. You may need to visit the theater to request a refund or exchange in certain circumstances, including but not limited to those instances where any portion of your payment was made using a theater rewards or loyalty card or a theater gift card. In certain circumstances, a theater may not provide a refund or exchange, so please confirm with your theater whether a refund or exchange is available for your order.

Exceptions to this refunds and exchanges policy include, but are not limited to: (1) transactions appearing as ‘not found’ or that resulted in a ‘system error’ (Rooftop will refund the Rooftop movie ticket purchase price, plus the Rooftop Convenience Charge), (2) movie showings which are oversold or cancelled by the theater (Rooftop will refund the Rooftop Convenience Charge only) and (3) certain other limited circumstances in which you were referred to Rooftop by the theater manager.

2. PICKING UP YOUR TICKETS

Please read your online, email and/or mobile confirmation pages carefully, as they provide you with important information about retrieving your tickets that may be unique to your chosen theater. Please remember to bring your Print-at-Home ticket with barcode to the theater if you used this feature on Rooftop. If you can’t print or don’t have a printer, just take your confirmation number with you. However, if you have a Print-at-Home Bar-Coded Ticket, you should present it when you arrive at the theater. If you purchased a Rooftop Mobile Ticket (mobile accessible barcode ticket), bring a mobile device capable of accessing your email account with you to the theater ticket-taker.

3. BE PREPARED TO PRESENT YOUR CREDIT CARD AND YOUR PICTURE ID

Certain Rooftop partner theaters may require that you present the actual credit card used to purchase tickets on Rooftop and the number printed on the card must match the number stored for your transaction. Also, please be prepared to present your picture ID.

4. PAYMENT METHODS

Rooftop accepts a variety of payment methods, including Visa, MasterCard, American Express. We also accept debit cards, Rooftop Promotional Codes and Rooftop Gift Cards. We may also accept certain theater partners’ gift cards for their theaters. Rooftop does not accept “Single-Use” card number security products.

5. TICKET CONFIRMATION, MOVIE RATE-AND-REVIEW AND RELATIONSHIP E-MAILS

As an integral part of your ticketing transaction with Rooftop, we send you via e-mail a ticket confirmation following purchase explaining how to retrieve your tickets at the theater, as well as one or more subsequent invitations to rate-and-review the movie or other communications regarding your Rooftop experience or relationship. Providing feedback via a rate-and-review or other e-mails is optional; if you do not wish to participate, just ignore or delete those emails.

6. PRICING AND AVAILABILITY

Your ticket for a Rooftop Cinema Club event includes exclusive pre movie access to a unique venue and the outdoor terrace or rooftop as well as advanced hire of the wireless headphones, free blanket available to each person, pre purchased F&B and an outdoor movie screening. Pricing can vary subject to our venue partners and shows/events can include access to private members club, third party member benefits at each venue, catered shows with pop up street food partners, DJs, pre show entertainment, access to pool side terrace or hotel services, F&B offers and access to their/our licensed bar with mixologists, themed products and offers and discounts to affiliated events.

Rooftop sells tickets on behalf of our theater partners. Rooftop does not set ticket prices, determine show times, or control ticket availability and inventory. Prices displayed may include taxes, where they are to be collected by the theater and remitted by the theater to taxing authorities.

7. PRIVACY

As set forth in our Terms of Use, your use of the Services is governed by our Privacy Policy. You agree to Rooftop’s collection, use and sharing of your information as set forth in the Privacy Policy. As further set forth in our Terms of Use, the third-party web sites linked to or from the Service are not controlled by Rooftop, and Rooftop does not control their privacy policies. The personal data you choose to provide to third parties or that is collected by any third parties is not covered by the Privacy Policy, and we encourage you to review the privacy policy of any company before submitting your personal information.

8. ARBITRATION

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to the Terms and Policies, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any Rooftop ticket purchases or other purchases, transactions or relationships with Rooftop, or (iii) any data or information you may provide to Rooftop or that Rooftop may gather in connection with such use, interaction or transaction (collectively, “Rooftop Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Rooftop Transactions or Relationships with us, you agree to binding arbitration as provided in the Terms and Policies.

9. CHANGES TO MOVIE TICKET POLICY

From time to time, we may revise this Movie Ticket Policy. You can determine when this Movie Ticket Policy was last revised by referring to the top of this page. Any changes to this Movie Ticket Policy will become effective upon posting of the revised Movie Ticket Policy on the Internet, accessible through Services. By purchasing Rooftop tickets or otherwise continuing to use Services following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Movie Ticket Policy, as it may be amended from time to time, please do not purchase Rooftop tickets or continue using the Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to this Movie Ticket Policy would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this Movie Ticket Policy being deemed illusory or unenforceable.

10. TERMS OF USE

Your purchase of Rooftop tickets and other access to and use of the Services is also subject to the Terms of Use.

If you have any questions about the information above, please Contact Us.

 

Cookies and Tracking Technologies Information Center

This Cookies and Tracking Technologies Information Center (this “Cookies and Tracking Technologies Information Center”) was last updated on: September 13, 2017. When we say “our”, “us”, “we”, “Rooftop” or “Rooftop Film Club” in this Cookies and Tracking Technologies Information Center, we mean Rooftop Film Club International or its subsidiaries. When we say “Services” or “Site” in this Cookies and Tracking Technologies Information Center, we mean websites operating under the Rooftop Film Club International brands or other brands that we own, as well as those of our websites, applications, emails and other communications that link to or reference this Cookies and Tracking Technologies Information Center or other Terms and Policies, or the other services provided through any of these means. This Cookies and Tracking Technologies Information Center is subject to, and shall also include, the other Terms and Policies.

NOTICE OF ARBITRATION PROVISIONS: Your use of the Online Services is subject to binding individual arbitration of any disputes which may arise, as provided in the Terms and Policies. Please read the arbitration provisions carefully and do not purchase tickets from Rooftop or otherwise use our services if you are unwilling to arbitrate any disputes you may have with us as provided below.

1. COOKIES AND SIMILAR TECHNOLOGIES AND HOW WE USE THEM

Like many companies, we use cookies and similar technologies on our Online Services (referred to together from this point forward as “Cookies”, unless otherwise stated) including HTTP cookies, flash cookies, HTML5 and Flash local storage, web beacons/GIFs, embedded scripts, e-tags/cache browsers (as defined below).

We may use Cookies for a variety of purposes and to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of an Online Service, for when you later return to that Online Service. In particular, our Online Services use the following categories of Cookies:

Strictly Necessary Cookies: We may use Cookies required for system administration, to prevent fraudulent activity, to improve security or to allow you to make use of shopping cart functionality. We are not required to obtain your consent to Cookies that are strictly necessary.

Analytics and Performance-Related Cookies: We may use Cookies to assess the performance of our Online Services, including as part of our analytic practices to improve the content offered through the Online Services. We use third party analytics vendors to analyze statistics and evaluate our services and the content we provide to you. These vendors may collect or have access to your anonymized information, pursuant to their own privacy policies. One of the vendors we use is Google Analytics.

Functionality-Related Cookies: We use Cookies to tell us, for example, whether you have visited the Online Services before or if you are a new visitor and to help us identify the features and content in which you may have the greatest interest.

Targeting-Related Cookies: We may use Cookies to deliver content, including ads, relevant to your interests on our Online Service and third-party sites based on how you interact with our advertisements or content. We have set out further information about the use of Cookies by ad networks below.

Your use of the Online Services indicates your consent to our use of Cookies. For further information about our use of Cookies and your opt-out choices, see Section 2 below.

2. YOUR COOKIE CHOICES AND HOW TO OPT OUT

You have the choice whether to accept the use of Cookies and we have explained how we can exercise your rights, as follows:

Most browsers are initially set up to accept HTTP cookies. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, and how to disable existing cookies. For more information about HTTP cookies and how to disable them, or restrict the categories of cookies you wish to accept, you can consult the information at www.allaboutcookies.org/manage-cookies.

Controlling the HTML5 local storage on your browser depends on which browser you use. For more information regarding your specific browser please consult the browser’s website (often in the Help section).

For more information about Flash “cookies” or local storage objects or LSOs, and how to disable them, you can consult the information provided at http://kb2.adobe.com/cps/526/52697ee8.html.

Please note that rejecting Cookies does not mean that you will no longer see ads when you visit our Online Services.

Please note that without HTTP cookies and HTML5 and Flash local storage, you may not be able to take full advantage of all our Online Services features and some parts of the Online Services may not function properly.

You may also opt out of additional third-party advertising by going to the Network Advertising Initiative’s Website at http://www.networkadvertising.org/managing/opt_out.asp and following the directions there, or to the Digital Advertising Alliance website at http://www.aboutads.info/choices and following the directions there. The effect of opting out of third-party advertising networks is explained on each opt out page. Note that for some sites, the effect of opting out of third-party advertising means that customized advertising will not be delivered to you. Information regarding your usage of the Online Services may still be collected for research, analytics or internal operations purposes. We are not responsible for the effectiveness of any such opt-out options.

3. DEFINITIONS

Cookies

A cookie is a set of data sent from a website to a device user’s web browser which is stored in that user’s device. Cookies are stored as small text files containing a string of characters. They provide certain information to us or to third parties about a variety of things, including, but not limited to, how Online Services are used (e.g., which pages and advertisements have been viewed), about users’ preferences (e.g., what size font a user prefers) and for site functionality (e.g., remembering where a user paused watching video content). Regular cookies may generally be disabled or removed by tools that are available as part of most browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Please be aware that if you disable or remove cookies or HTML5 cookies on your device, some parts of our Online Services may not function properly, and that when you revisit our Online Service your ability to limit cookies is subject to your browser settings and limitations.

Web Beacons

Web beacons or similar technologies may be used for a number of purposes, including to count visitors to the Online Service, to monitor how users navigate the Online Services, to count how many e-mails were sent that were actually opened, or to count how many particular articles or links were actually viewed. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to HTTP cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence.

Embedded Script

An embedded script is programming code that is designed to collect information about your interactions with the Online Service, such as the links you click on. The code is temporarily downloaded onto your device from a web server or a third-party service provider, is active only while you are connected to the Online Service, and is deactivated or deleted thereafter.

ETag, or entity tag

A feature of the cache in browsers, an ETag is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

 

4. CONTACT US

For any queries in relation to this Cookies and Tracking Technologies Information Center please contact us at [email protected]

 

Last updated: September 13, 2017

In addition to the terms of the Privacy Policy, this Mobile Apps Information Center (“Mobile Apps Policy”) explains how Rooftop Film Club International and its subsidiary companies, including the businesses operating under the Rooftop Film Club International brands (“our”, “us”, “we”, “Rooftop” or “Rooftop Film Club”)may process Personally Identifiable Information received through our mobile applications that link to this Mobile Apps Policy or to our Privacy Policy (“Mobile Apps”). Please note that this is a general overview of what may be processed and additional specific notices and terms may be applied within specific Mobile Apps where appropriate and/or required by law. This Mobile Apps Policy forms part of the Privacy Policy, and if some of the terms used in this Mobile Apps Policy aren’t defined in this Mobile Apps Policy, you may find definitions for them in the Privacy Policy.

1. INFORMATION WE COLLECT ON OUR MOBILE APPS AND HOW IT IS USED

We have set out the types of information we collect and how it is used below. The information collected will depend on the functionality of the specific Mobile App you are using and additional information may be collected through the Mobile App as specified in the Mobile App, this Mobile Apps Policy or other portions of the Privacy Policy.

Type of information & how is it used Additionally?

Unique Device Identifier

A unique device identifier (or “Unique Device ID”) is an alpha-numeric string of data that can either be part of the hardware of your device or automatically assigned to your device by the operating system or software. We may associate Unique Device IDs with Personally Identifiable Information and will treat the combined information as Personally Identifiable Information in accordance with this policy for as long as it is combined. Unique Device IDs may be used to enable certain features and also to personalize and serve advertising based on your interests and usage of other apps. See “Opt-Outs” in Section 4, below, for information regarding how to limit the use of Unique Device IDs.

Location information

When you use one of our location-enabled services, we may collect and process information about your actual location. Some Mobile Apps and other Online Services require your location information for one or more features to work. Where a Mobile App does collect precise information about the location of your device it will be used to provide location services for the Mobile App, and for other purposes, including, but not limited to, tagging or check-in. Please check the settings in the Mobile App for information about how to opt out of providing location information or contact [email protected]. The location-based services offered in connection with our Mobile Apps are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use other products exist today that may be used specifically for these purposes.

Log Information

When you use the Mobile App or view content on our websites on a mobile device, we may automatically collect and store certain information in server logs including but not limited to internet protocol (IP) addresses, port numbers, device model and make information, internet service provider (ISP), clickstream data, battery and memory allocation, boot time, browser type and language, viewed and exit pages and date or time stamps. We may use log information as specifically indicated in the Mobile App, as well as to assess the performance of our Mobile App or other Online Services, distinguish your device from others, prevent fraud, provide technical support and/or respond to your needs. We may also use this information to personalize the services offered by us or our affiliates, including providing personalized advertising on some Mobile Apps.

Unique Mobile App numbers

When you install or uninstall a Mobile App containing a unique Mobile App number, or when such a service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us. We may use the Unique Mobile App numbers as specifically indicated in the Mobile App, as well as to assess the performance of our Mobile App or other Online Services, prevent fraud, provide technical support, conduct research, generate analytics, to address internal Online Services operations, and/or respond to your needs. We may also use this information to personalize the services offered by us or our affiliates, including providing personalized advertising on some Mobile Apps.

Information you submit through the Mobile App

When you register with us and use a Mobile App, you may provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use Mobile Apps from us; (c) information you provide us when you contact us for help; (d) credit or other payment card information for purchase and use of the Mobile App; and (e) information you enter into our system when using the Mobile App, such as contact information. We may also use the information you provided us, in accordance with applicable laws, to contact you from time to time to provide you with important information, required notices and marketing promotions.

Information we may collect through the Mobile App

Subject to the functionality of a particular Mobile App we may also collect additional information through your use of a Mobile App including (a) your mobile phone number; (b) any name you might have assigned to your device; (c) contacts/address book; (d) web browsing history; (e) information concerning other apps you have downloaded or used; (f) other stored information on your device such as videos, photos, photo location, audio, calendar, passwords, dialer, microphone and/or social network credentials. We may use information collected through the Mobile App as specifically indicated in the Mobile App, as well as to assess the performance of our Mobile App or other Online Services, prevent fraud, provide technical support, conduct research, generate analytics, to address internal Online Services operations, and/or respond to your needs. We may also use this information to personalize the services offered by us or our affiliates, including providing personalized advertising on some Mobile Apps.

 

2. HOW WE SHARE INFORMATION COLLECTED ON OUR MOBILE APPS

Subject to applicable laws and the terms of our Privacy Policy, we may share information about you with mobile carriers, or the operators of platforms, operating systems or Mobile Apps, as well as any other companies described in any particular Mobile App, this Mobile Apps Information Center, or any other part of the Privacy Policy.

3. HOW TO OPT-OUT

In addition to the options provided by your mobile operating systems, you may opt out of the collection of information on Mobile Apps as follows:

Uninstalling the Mobile App – you can stop all collection of information by the Mobile App easily by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the Mobile App marketplace or network;

Opt out of interest-based advertising – see the instructions below or contact [email protected] for information about how to opt out from the use of information to serve targeted advertising by advertisers and/or third-party network advertisers. Note that the effect of opting out of targeted advertising will be to prevent targeted advertising, but will not prevent you from seeing all advertisements. Information may still be collected and used for other purposes (such as research, Online Services analytics or internal operations, and to enforce your opt-out preferences):

For Apple Users:

iOS 7 or higher, you can change your settings in the following location: Settings > Privacy > Advertising

iOS 6, you can change your settings in the following location: Settings > General > About > Advertising

iOS 4 or 5, you can opt out following the instructions here.

For further information please see Apple’s website here.

For other major mobile platforms:

Open the platform account settings

Select Ads

Opt out of location data – You can manage your location preferences in the “My Account” section of the Mobile App, or by disabling the GPS services for the Mobile App on your mobile device. Contact [email protected] for information about how to opt out from allowing us to have further access to your location data. Please include as much detail as possible when you make a request.

Opt-out of Cross-App Data Collection – the Digital Advertising Alliance (“DAA”) offers a separate choice tool for the collection of cross-app data on a mobile device for interest-based advertising and other applicable uses. To exercise choice for companies participating in this choice tool, you can install the DAA’s AppChoices app (see http://www.aboutads.info/appchoices).

4. CONTACT US

For any queries in relation to this Cookies and Tracking Technologies Information Center please contact us at [email protected]