Cannes Lions mobile application end-user licence agreement
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We Ascential Events (Europe) Limited a company incorporated in England and Wales with registered number 07814172 whose registered office is c/o Ascential Group Limited, The Prow, 1 Wilder Walk, London W1B 5AP, England (“we”, “us”, “Ascential”) license you to use the Cannes Lions app (the “App”) as permitted in these terms.
The types of personal information collected and stored by the App might include your name, job title, company, your picture and some of your interests. It will also include any information that you send the App. Your information is used to provide the App networking services to you and to other users and to enhance your experience of Cannes Lions International Festival of Creativity.
If you enable location tracking we may also use your location to provide the AR experiences to you.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and install the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If you do not accept the notified changes you will not be permitted to continue to use the App.
UPDATE TO THE APP
From time to time we may automatically update the App and to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
The App or any content within the App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
USE OF THE HELP FUNCTION
If you have an iOS device you can use the ‘Need help @ Cannes’ link in the Connect function within the App to ask questions about the festival. This function is provided by LivePerson Inc on our behalf and uses Apple Business Chat. LivePerson Inc will process your personal data (for example, your telephone’s device ID or any personal data you provide in your messages) as required to provide the service (including to monitor usage, to install cookies on your device and for message functionality). The service also contains features that monitor user behaviour. Your data will be shared with LivePerson Inc and Apple Inc. You can read LivePerson Inc and Apple Inc’s privacy policies here:
You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
• not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or the them to be combined with, or become incorporated in, any other programs, except as necessary to use the App as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.
ACCEPTABLE USE RESTRICTIONS
• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• not transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any services on the App.
USER GENERATED CONTENT RULES
We may provide facilities on the App via which you are permitted to post content to the App.
Any such facilities are provided for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. You may not use any such facility in a way that is inconsistent with the foregoing.
In addition to the general standard set out above, user-generated content must:
• be accurate, where it states facts;
• be genuinely held, where it states opinions;
• comply with the laws applicable in any country from which it is posted.
User generated content must not:
• be defamatory of any person or organisation;
• be obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe the intellectual property or other proprietary rights of Planet Retail or any third party;
• be likely to deceive any person;
• breach any legal duty owed to a third party;
• promote any illegal activity;
• advocate, promote or encourage anti-competitive conduct;
• contain any information which is commercially sensitive or otherwise confidential to the relevant user or any third party;
• be in contempt of court;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent a user’s identity or affiliation with any person;
• give the impression that the content emanates from Ascential, if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act;
• contain a statement which the user knows or has reasonable grounds to believe that members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
• contain any advertising or promote any services or links to other websites or Apps.
We exclude our liability for any loss or damage arising from the use of any App facility by a user in contravention of these User Generated Content Rules.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
AUGMENTED REALITY COMPONENT
The App contains an augmented reality (“AR”) component that will provide you with branded AR experiences, , and also share photos from the festival with other users (the “AR Experience”). The AR Experience is provided by Unity Technologies, an official App sponsor of the Cannes Lions festival (“Sponsor”). The AR Experience is incorporated into and made a part of the App, so it is subject to the terms and conditions of these App licence terms.
In addition to the App license terms, the following terms and guidelines specifically apply to your use of the AR Experience:
While using the AR Experience, please be aware of your surroundings and be considerate of others. You agree that your use of the AR Experience is at your own risk. If you choose to share your photos with other users of the AR Experience, they will have access your name and other identifying information. If you do not want Sponsor to collect your information, do not use the AR Experience.
The AR Experience requires use of your device’s camera, which could result in cached images saved to your device. As always, keep your device’s software up to date to ensure you have the most recent security measures installed.
Photos uploaded to the AR Experience are “User Generated Content” under these App licence terms and so are subject to the “User Generated Content Rules.” Subject to your compliance with these terms, Sponsor grants you a personal, non-commercial, nonexclusive, non-transferable, non-sublicensable, revocable license to download, view, display, and use other users’ photos uploaded to the AR Experience solely in connection with your permitted use of the AR Experience. By uploading a photo to the AR Experience, you grant Sponsor a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free licence to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute that photo in connection with providing the AR Experience to you and other users. You are solely responsible for photos you upload to the AR Experience, and you represent and warrant that you own all such photos or have all rights necessary to grant Sponsor the licence rights set forth in these terms. Sponsor reserves the right to remove your photos from the AR Experience at any time and without notice.
To the extent permitted by applicable law, Sponsor disclaims all liability related to any property damage, personal injury, or death that may occur during your use of the AR Experience, including any claims based on the violations of any applicable law, rule, or regulation, or your alleged negligence or other tort liability. Without prejudice to the foregoing, any liability of Sponsor arising in respect of your use of the AR Experience (whether in tort, contract or otherwise) shall be limited in aggregate to ten euros (€10).
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We will not be liable to you for any loss or damage caused by us, our employees sub-contractors in circumstances where: (i) there is no breach of a legal duty of care owed to you; (ii) such loss or damage is not a reasonably foreseeable result of any such breach; or (iii) in respect of any increase in the loss or damage resulting from your actions. Without prejudice to the foregoing, any liability of Ascential arising in respect of your use of the App (whether in tort, contract or otherwise) shall be limited in aggregate to ten euros (€10).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App. The App is provided on an “as is” basis. All implied warranties, terms and conditions relating to the App (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded. The App does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements.
We are not responsible for events outside our control. If our provision of the App is unavailable or delayed by an event outside our control then we will take steps to minimise the effect of the unavailability or delay. We will not be liable for unavailability or delays caused by the event.
Availability. We will use reasonable endeavours to make the App available to you at all times. However, there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In addition, you acknowledge that the Internet may be subject to breaches of security and that the submission of content may not be secure.
WE MAY END YOUR RIGHTS TO USE THE APP AND IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
• You must stop all activities authorised by these terms, including your use of the App.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any third party rights.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by the laws of England and Wales and you can only bring legal proceedings in the English courts.