Terms & Conditions

INTRODUCTION
1. These terms and conditions govern access to the online streaming service known as Cannes Lions Digital Pass.
2. Cannes Lions Digital Pass is made available by Ascential Events (Europe) Limited, a company incorporated in England and Wales with registration number 04858491 and whose registered office is at c/o Cannes Lions Group Limited, The Prow, 1 Wilder Walk, London, W1B 5AP ("Cannes Lions").
3. Access to Cannes Lions Digital Pass is through the website www.canneslions.com/digital-pass (the “Website”).
4. Access to the Cannes Lions Digital Pass shall be subject to these terms and conditions to the exclusion of all other terms and conditions of business, including any purchase order that the user may provide, save that the user shall also be bound by the terms and conditions of the streaming platform and payment services provider, InPlayer, which can be found here https://inplayer.com/terms/.
5. As between Cannes Lions and the user, to the extent that there is any conflict between these terms and conditions and InPlayer’s terms and conditions, these terms and conditions shall prevail.

FEES
6. The fee for Digital Pass is €99 euros for an individual pass.
7. The fees are exclusive of any sales taxes which may be payable in addition (e.g. VAT or TVA).  Similarly, the payee shall be responsible for any local taxes which may apply, which will not be deducted from the fees.
8. Each individual pass gives the named user access to Cannes Lions Digital Pass while it is live (which is expected to be from 18 to 23 June 2018 inclusive) (the “Term”).

LICENCE FOR USE 
9. No rights whatsoever to Cannes Lions Digital Pass are assigned or transferred to the user.
10. The rights granted under these terms and conditions are granted to the user only and shall not be considered granted to any third party.
11. Subject to payment of the fees and to the restrictions set out in these terms and conditions, Cannes Lions hereby grants to the user a non-exclusive, non-transferable right to access and use Cannes Lions Digital Pass during the Term solely for the user’s personal use.
12. Without prejudice to Clause 11, and except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, the user shall NOT: 
a. reproduce, distribute, exploit or otherwise use all or part of Cannes Lions Digital Pass for any commercial purposes (outside of the user’s personal use), including but not limited to reproduction of all or part of Cannes Lions Digital Pass on products or within marketing or promotional materials (for the avoidance of doubt, users may not hold public screenings of Cannes Lions Digital Pass with or without an entrance fee or broadcast Cannes Lions Digital Pass via any means other than the Website);
b. upload content from Cannes Lions Digital Pass into any shared system or any database, website or intranet;
c. use all or any part of Cannes Lions Digital Pass to build a product or service which competes with Cannes Lions Digital Pass, the Website or any other product of Cannes Lions or any of its associated companies;
d. help any third parties to get unauthorised access to Cannes Lions Digital Pass;
e. scrape, extract, download, upload, sell or offer for sale any of Cannes Lions Digital Pass and user agrees not to use, or cause to be used, any computerised or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of Cannes Lions Digital Pass. User must not bypass robot exclusion headers or other similar measures that Cannes Lions may use to restrict access to, or caching of, Cannes Lions Digital Pass;
f. try to interfere with the proper working of Cannes Lions Digital Pass or to monitor use of Cannes Lions Digital Pass without Cannes Lions’s prior written permission;
g. take any action that imposes an unreasonable or disproportionately large load on the Cannes Lions Digital Pass infrastructure;
h. decompile, disassemble or otherwise reverse engineer or try to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within the Cannes Lions Digital Pass (except that these restrictions only apply to the extent permitted by law);
i. use any network monitoring or discovery software to determine the Cannes Lions Digital Pass architecture or extract information about usage, individual identities or users; or
j. circumvent, disable or otherwise interfere with security-related features of Cannes Lions Digital Pass including any features designed to prevent, limit or restrict use or copying of any Cannes Lions Digital Pass.
13. Cannes Lions may track use of Cannes Lions Digital Pass to ensure compliance with these terms and conditions.
14. Without incurring any liability to the user, and without prejudice to any other rights or remedies available to it, if Cannes Lions has reasonable cause to believe that the user has breached the provisions of these terms and conditions it shall be entitled to disable the user’s access to Cannes Lions Digital Pass while it investigates if there has been a breach.  If Cannes Lions, acting reasonably, determines that there has been a breach, it shall be entitled to terminate the user’s use of Cannes Lions Digital Pass without a refund.
15. The user shall indemnify and hold harmless Cannes Lions and its directors and officers from and against all costs, claims, damages, expenses, claims and losses that may be incurred as a result of a breach of any of the provisions of Clause 12 of these terms and conditions.

AUTHORISED USERS
16. User shall keep secure any identification, including user name and password relating to the user’s access to Cannes Lions Digital Pass.
17. User shall immediately notify Cannes Lions, at digitalpass@canneslions.com, of any known or suspected unauthorised use of any such identification or other breach of security, including loss, theft or unauthorised disclosure of a user name and password. 
18. The user shall be liable for access to Cannes Lions Digital Pass through their user name(s) and password(s), and shall indemnify Cannes Lions from and against all costs, losses or expenses resulting from any unauthorised use of a user name and/or password by any unnamed user or third party.
19. The user agrees that a single user name and password shall be made available to each user, and not made available to multiple users (i.e. no sharing of user names and passwords).  Breach of this Clause 19 shall be considered a material breach of these terms and conditions.

DATA PROTECTION
20. Cannes Lions agrees that it will take appropriate technical and organisational measures against the accidental, unlawful or unauthorised processing, destruction, loss, damage or disclosure of personal data received or used in fulfilling its obligations under these terms and conditions. In these terms and conditions personal data is as defined by all laws and regulations (as updated, amended or replaced from time to time) applicable to such data.  Further information about how Cannes Lions uses person data can be found in our Privacy & Cookie Policy https://www.canneslions.com/privacy-policy.  Further information about how InPlayer uses personal data can be foundation in InPlayer’s Privacy Policy https://inplayer.com/privacy-policy/.

AVAILABILITY OF THE WEBSITES AND THE WORK
21. Cannes Lions shall use its reasonable endeavours to provide reliable access to Cannes Lions Digital Pass, provided that Cannes Lions does not undertake or warrant that access to Cannes Lions Digital Pass will be uninterrupted.  If you have any problems accessing or using the service please see our FAQs.  If the FAQs do not resolve your problem, please email support@inplayer.com.
22. From time to time, Cannes Lions or its service providers may: 
a. temporarily suspend for emergency repair, maintenance or improvement, all or part of Cannes Lions Digital Pass without notice; and/or
b. vary the technical specification of Cannes Lions Digital Pass for operational or any other reason provided that there is no material detriment to Cannes Lions Digital Pass.
23. The user acknowledges that there are special risks attached to the transmission of information by electronic, online or similar means and that Cannes Lions is not responsible for the loss or corruption of information in transmission by these means.

LIMITATION OF LIABILITY
24. The user acknowledges that because of the number of sources from which Cannes Lions obtains content used in Cannes Lions Digital Pass, Cannes Lions does not give any warranties in respect of the content of Lions Digital Pass.
25. Cannes Lions Digital Pass is provided on an “as is” basis without guarantee of accuracy, timeliness or completeness.  All implied warranties or conditions of satisfactory quality, and fitness for a particular purpose are excluded to the fullest extent permitted by law.  
26. The user is solely responsible for ensuring that Cannes Lions Digital Pass is appropriate and suitable for its needs.
27. The user agrees that Cannes Lions Digital Pass is made available only for general information and is not intended to address particular requirements or interests of the user and the user acknowledges that the fees are priced accordingly. 
28. Cannes Lions shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for: (a) loss of profits; (b) loss of business; (c) depletion of goodwill and/or similar losses; (d) loss of anticipated savings; (e) loss of goods; (f) loss of contract; (g) loss of use; (h) loss or corruption of data or information; (i) business interruption; (j) any kind of special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; (k) loss or damage that arise as a result of the use of all or part of Cannes Lions Digital Pass in breach of these terms and conditions; (l) loss or damage arising as a result of any error, omission, inaccuracy or third party right infringement, in any part of Cannes Lions Digital Pass where such error, omission, inaccuracy or third party infringement is caused by any third party content; and/or (m) loss or damage to a computer, software, modem, telephone or other property.
29. If, notwithstanding any other provisions of these terms and conditions, Cannes Lions is held liable to the user for any reason, Cannes Lions’ aggregate liability in respect of any loss or damage suffered by the user arising out of or in connection with these terms and conditions, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the fees paid by the user during the 12 months preceding the date on which the claim arose.
30. Nothing in these terms and conditions shall limit Cannes Lions’ liability for death or personal injury resulting from Cannes Lions’ negligence or for fraud or fraudulent misrepresentation.

TERMINATION
31. Cannes Lions shall be entitled to terminate a user’s use of Cannes Lions Digital Pass with immediate effect if the user breaches these terms and conditions.
32. On expiry or termination of these terms and conditions for any reason, the user shall stop using Cannes Lions Digital Pass.
33. Termination of these terms and conditions shall not affect the accrued rights of the parties.
34. Notwithstanding termination, the following Clauses shall remain in force: 24 to 30 inclusive (Limitation of Liability); and those other clauses which are expressly or by implication intended to survive termination.

GENERAL
35. The terms and conditions shall be governed by, and construed in accordance with, the laws of England and Wales and the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
36. The Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes any previous agreement in relation to such subject matter.
37. Cannes Lions may update these terms and conditions at any time without prior notice. We will post any changes on the Website.  It is the user’s responsibility to ensure they review these terms and conditions regularly to familiarise themselves with any changes.  Continued use of Cannes Lions Digital Pass shall constitute acceptance of the new terms and conditions.
38. If there is a dispute between the user and Cannes Lions concerning these terms and conditions, the parties will use all reasonable endeavours to act reasonably and settle the matter as appropriate. Nothing in this Clause 38 shall prevent either party from seeking interim or injunctive relief.
39. If any provision of these terms and conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of it, which shall remain valid and enforceable.
40. No person who is not a party to these terms and conditions, shall have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 and the rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these terms and conditions shall not be subject to the consent of any third party.
41. No failure or delay by Cannes Lions to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
42. Nothing in these terms and conditions restricts the user’s statutory rights as a consumer (where applicable).