TERMS AND POLICIES

Due to the COVID-19 restrictions imposed by individual states and in order to prevent the spread of the virus, the Garden State Film Festival has placed certain films and activities online. In order for customers to have access to the films and to participate in the online activities, the customers acknowledge and agree to the following terms and policies, which may or may not completely cover all terms and policies and privacy agreements that the customer has with the Garden State Film Festival.

Definitions 

The use of terms such as “our”, “us”, or “we” or “Garden State Film Festival” shall mean Garden State Film Festival, including but not limited to its agents, directors, contractors, assigns, employees and its subsidiaries. The “Garden State Film Festival” may be abbreviated to “GSFF.”

“Services” or “Site” shall mean any websites and streaming services operating under the F&S Digital and GSFF, as well as any websites, applications, emails and other communications that reference or are connected to this Ticket Policy or any other GSFF Terms and Policies and those services that are provided by GSFF by and through any means.

This Ticket Policy is subject to the other Terms and Policies contained in this agreement and others that may be provided to the customer later on. These terms may be updated by GSFF.

“Tampering” or “abusing” shall mean, but is not limited to performing any action that would interfere with the use of GSFF services, site or system or performing any action that would affect the copyrights of the film or its ownership, which include but are not limited to those terms covered by the Digital Media Copyright Act (DMCA) without the permission of the film’s owner and/or GSFF. Due to the artistic nature of the films and activities that are being shown, GSFF has the discretion to remove a customer’s access to the films and activities if that customer or someone in that customer’s control is found to be abusing or tampering with the system, site or services provided by the GSFF. Further, the customer agrees that if the customer or someone under the customer’s control is found tampering or abusing GSFF’s services, sites and systems, GSFF has the discretion to penalize the customer via lose any and all tickets, no appeals, or process to get any and all tickets reimbursed.

TICKET POLICY

Our goal is to make your movie-going experience as easy and enjoyable as possible. Our 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

ALL TICKETS ARE FINAL SALE; NO REFUND-NO RETURNS. Refunds and exchanges of movie ticket(s) are unavailable. Movie tickets purchased through the Services are non-refundable. Before purchasing your movie ticket(s) we urge you to confirm the title, time, location and quantity of tickets for the movie you wish to see. Further, The Garden State Film Festival reserves the right to extend this prohibition of refunds or exchanges of a movie ticket purchased or otherwise acquired through a contest, membership, sponsorship, gift or loyalty program. 

2. PAYMENT METHODS 

The Garden State Film Festival accepts a variety of payment methods, which may include Visa, MasterCard, Discover/Novus, and PayPal and certain other digital wallets. We also accept Promotional Codes. The Garden State Film Festival does not accept “Single-Use” card number security products. The Garden State Film Festival will not retain any credit card information after payment has been processed and received.

3. RETRIEVING YOUR TICKETS

Please read your online, email and/or mobile confirmation pages carefully, as they provide you with important information about retrieving your tickets to access the platform that may be unique to your chosen virtual theater. The confirmation of the ticket purchase shall be sent to the email or mobile number provided at the time of purchase.

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

As an integral part of your ticketing transaction with us, we may send you via e-mail and/or text a ticket confirmation following purchase explaining how to access the platform at the virtual theater, and we may also send one or more subsequent invitations to rate-and-review the movie or other communications regarding your experience or relationship with us. Providing feedback via a rate-and-review or other similar e-mails is optional. It is the customer’s choice to participate in such activities, but should the customer not wish to participate the customer may just ignore or delete those messages.

6. PRICING, AVAILABILITY AND TAXES

The GSFF is a 501(C) 3 nonprofit.  Sometimes, venues or local jurisdictions may tax tickets, convenience fees or other fees. Prices displayed on the Site or by the Services are inclusive of any such taxes, and reflect the “grossed-up” amounts. For example, you may see on the Site a ticket price of $10.80 for a theater selling a $10.00 ticket in a jurisdiction that has an 8% tax (in such a case, the theater may receive and retain the $10.00 and remit the $0.80 tax to the local taxing authority)—in such a case, we do not separately show on the Site these various components but instead simplify the display and show $10.80 as the ticket price. We display things in a similar way where there are taxes on convenience fees or on other fees—we would show the total amount that includes any such tax, and not show the tax separately.

7. ARBITRATION

NOTICE OF ARBITRATION PROVISIONS: Your purchase of movie 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 all terms including the arbitration provisions carefully and do not purchase tickets from us or otherwise use our Services if you are unwilling to arbitrate any disputes you may have with us as provided below.

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 movie ticket purchases or other purchases, transactions or relationships with us, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction or transaction (collectively, ” Transactions or Relationships”), your only recourse is to bring the matter before a panel of three (3) arbitrators licensed and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Further, each party may select a single (1) arbitrator, and the two partisan arbitrators shall select one (1) nonpartisan arbitrator to serve as the chief arbitrator. The customer agrees to waive their rights to pursue a claim in court, have a jury trial, and 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 Transactions or Relationships with us, you agree to binding arbitration as provided in the Terms and Policies. GSFF shall indemnify, hold harmless any claims, demands, loss, damages, or expense.

8. CHANGES TO TICKET POLICY

From time to time, we may revise this Ticket Policy. The customer can determine when this Ticket Policy was last revised by referencing the top of this page. Any changes to this Ticket Policy will become effective upon posting of the revised Ticket Policy on the Internet, accessible through any of the Services. By purchasing movie tickets or otherwise continuing to use Services following such changes, you will be deemed to have implicitly agreed to such changes. If you do not agree with the terms of this Ticket Policy, as it may be amended from time to time, please do not purchase movie tickets from us or continue using the Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to this 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 Ticket Policy being deemed illusory or unenforceable.

10. MONITORING

GSFF 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, GSFF 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 GSFF’s sole and absolute discretion are objectionable or in violation of these Terms.

11. FORCE MAJEURE.

In the event that the GSFF activity is canceled or the film’s showing is prevented by reason of war, revolution, civil commotion, act of public enemies, blockage, embargo, fire, flood, typhoon, earthquake, or other natural disaster, law, order, proclamation, regulation, ordinance, demand, pandemic, or requirement having a legal effect of any government or judicial authority, GSFF may permit the tickets purchased to be redeemable in the following years activities. In the event that performance of the event is proven impossible, upon giving prior written notice to the other party, GSFF will be excused from such performance to the extent of such prevention, restriction, or interference; provided, however, that the party affected shall use reasonable commercial efforts to avoid or remove such causes of non-performance, and shall continue performance hereunder with reasonable dispatch upon removal of such causes.

12. SEVERABILITY. 

The customer and GSFF agree that each and every Section of this Agreement will be considered in whole and in part a valid contract between the customer and GSFF. If any Section is deemed unenforceable or void, only that Section will be deemed void and will not affect any other section of this Agreement or the Agreement as a whole.

13. WAIVER 

GSFF will not have been deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party. A waiver of a right or remedy on one occasion will not be construed as a waiver on any other occasion. 

14. INTERPRETATION 

Each party acknowledges and agrees that this Agreement resulted from customer’s interest in the events and activities provided by GSFF and will not be construed in favor of or against a party by reason of the identity of the drafter or the extent to which a party or its advisors participated in its preparation. Section headings are provided for convenience only and are not to be used to construe or interpret this Agreement.   

15. Privacy Rights Notice to California Residents

Under the “Shine the Light” law (California Code Section 1789.83), GSFF customers, who are residents of California, may request information regarding the disclosure of the customer’s personal information the GSFF to third parties for those third parties’ direct marketing purposes within the previous calendar year. Note that under this law, businesses are only required to respond only once to a customer’s request during any calendar year. To make such a request, please send an email to GSFF through the Contact Us link. 

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