1. OBJECT OF THE CONTRACTThese Terms and Conditions (the « Agreement ») governs the access and the use by you of the Internet website www.cinecardz.com/uk (the “Website”) any applications (e.g. iPhone, Ipad or Android applications) (the “Applications”), widgets, social media platforms or interactive features (together the "Sites") which Highlands Technologies Solutions S.A.S (“ Highlands”) offer to you under the commercial brand CINECADZ for the creation of personalized animated greetings cards in DCP (Digital Cinema Package) format (a “CineCardz”) for playback during preshow in the CineCardz partners cinemas (the “Cinemas”) at the showtime of your choice (the “Service”).
The access and the use of the Sites and Applications are on a free of charge basis. The use of the Service is on a paid for basis. Your use of the Service may be subject to additional Agreement and conditions (“Additional Agreement”). If Additional Agreement applies to the Service (for example, in connection with a promotion, contest, or ecommerce offering), we will make them available for you to read through your use of the Service. By using the Service, you agree to the Agreement and the Additional Agreement. In case of conflict between the Agreement and Additional Agreement, Additional Agreement shall prevail.
The contractual language is English. The Agreement is available at any time on the Sites and can be printed and saved.
2. IDENTIFICATION OF THE PARTIES
This Agreement is entered into by, on one hand, Highlands Technologies Solutions, S.A.S., registered at the commercial register of Grasse (France) record No. 789 721 115, with its principal offices 1 900 route des Crêtes, C.P. 06905, Sophia Antipolis CEDEX, (France), and , on the other hand, by you.
To use the Service you are required to create an account (an “Account”) and provide all the information not marked as optional. Creating an Account for the service is free. If you are not identified on the Sites, you won’t be able to use the Service. You won’t be able to create an Account and use the Service if you do not accept the Agreement and, where appropriate, the Additional Agreement.
You are solely responsible for the accuracy of the information entered by you and hereby guarantee that the information you provide are true, accurate and complete.
Only natural persons over the age of 18 years and resident in England are entitled to create an Account on the Sites and use the Service. Should Highlands so request, you shall be obliged to prove your age by presenting a certified copy of your valid ID card or passport.
3. USE OF THE SITES AND SERVICE
You acknowledge and agree that you are responsible for the use of the Sites and Service (without Highlands assuming any liability in this respect to you or any third party), and that you will be the sole responsible for the breach by you of any provision of this Agreement and/or Additional Agreement and its consequences (including any loss or damages suffered by Highlands or any third party).
Highlands does not endorse any content of a CineCardz or any opinion, recommendation, or advice submitted and expressed by you in relation thereto, and expressly excludes all liability concerning the content of a CineCardz.
At Highlands, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, the audience or to Highlands. When you use the Sites and the Service, you shall not:
- violate any law, regulation, this Agreement or Additional Agreement;
- damage the image, interests and rights of Highlands, CineCardz or third parties;
- interfere with or disrupt the Service and/or the Sites;
- violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights, particularly by interfering, disrupting, or attempting to gain unauthorized access to other user Accounts on the Sites, or any other computer network or to portions of the Sites that are restricted;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
- send or use the Sites and/or Service to send, sell or promote unauthorized advertising, sponsorship or commercial communications;
- use the Sites and/or the Service to offer services in relation to a commercial activity;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your affiliation with someone else, create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
- disseminate, store, or transmit viruses, trojan horses or any other malicious or unsolicited software;
- copy, reproduce, distribute, transmit, broadcast to the public , display, sell, license, or otherwise exploit the Sites and/or Service for any purpose without the prior written consent of Highlands
- use automated methods to use the Services in a manner that sends more requests to the Highlands servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
- destroy, alter, disable or otherwise , damage data, programs or documents and other items found on the Sites;
- circumvent, disable or otherwise manipulate (or attempt to circumvent, disable or manipulate) the security features of the Sites and/or Service or other functions that apply restrictions on the use of the Service or content offered through the Service.
You acknowledge and understand that by using the Service, you may be exposed to an objectively inaccurate, offensive, indecent or objectionable CineCardz. You hereby waive to exercise any right you may have against Highlands regarding any CineCardz.
Highlands adopts reasonably adequate security measures to detect the existence of viruses. However, you should be aware that security measures of computer systems on the Internet are not impregnable and, therefore Highlands cannot guarantee the absence of viruses, malware, worms, social engineering attacks from third parties (phishing, pharming, trojans, etc.) or other elements that may cause alterations in computer systems (software and hardware) or in the electronic documents and files contained in those documents.
Highlands excludes any and all liability that may arise through no fault of Highlands for the following reasons:
(i) interference, omissions , interruptions , computer viruses, telephone faults or disconnections in the operation of the electronic system
(ii) delays or blockages in the functioning of electronic systems caused by deficiencies or overload of telephone lines or the Internet, as well as damage caused by third parties
Highlands constantly innovates in order to offer its users the best possible experience. You acknowledge and agree that the form and nature of the Sites and Service provided by Highlands may change at any time without notice. You acknowledge and agree that Highlands may need to stop temporarily the provision of the Sites and/or Service (or any features thereof), as a result of operational requirements such as those related to security of the Sites and/or Service or to maintenance needs.
4. USER CONTENT
Within the Service, you are proposed different models to use in order to create a CineCardz, which incorporates images, sounds, musical and audio-visal works. From that model, you can add personal elements i.e. pictures and texts.
You represent and warrant that you own and hold all necessary license, right, consent and permissions required to use all content and information you post or share using the Service, such as any text or photos that you include in a CineCardz, or any other text, comments, photos, videos and profile information (the « User Content »).
You give Highlands permission to use your User Content as follows: you grant to Highlands and its affiliates a license to (with the right to sublicense) use, copy, display, and perform your User Content in connection with the Sites and Service, including as necessary to display your CineCardz messages in Cinemas as enabled by the Service. We may display advertisements in connection with your User Content or on screens or pages where your User Content may be viewed and we may use your User Content to advertise and promote Highlands, Sites and the Service. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
5. HOW TO CREATE AND PURCHASE A CINECARDZ
You must proceed with the following steps in order to buy a CineCardz:
- You must identify yourself by logging in to your Account (by entering your email and password) before or during the process of creation of a CineCardz. If you don’t have an Account, you can create a new one, on a free of charge basis, at any time on the Sites. You cannot complete the purchase of a CineCardz without being logged in to your Account.
- Selection and Customization of your CineCardz: you are proposed a selection of themes and animations for your CineCardz. You are then proposed to upload pictures and names of the characters to be portrayed in the CineCardz, together with a written message.
- Selection of the showtime: you are requested to select a city, a Cinema, the date and time of the Showtime where you want your CineCardz to be played. You can also start by the selection of the showtime or the movie and then the selection of your CineCardz. Once you have selected a showtime, such showtime shall be reserved for your CineCardz. The CineCardz must be booked at the latest 24 hours before the showtime you want your CineCardz to be played at. There can be only one CineCardz per showtime.
It is your responsibility to: i) buy the tickets corresponding to the showtime you have selected for your CineCardz, and ii) verify that the showtime you have selected for your CineCardz is identical to the showtime for which you have bought tickets. We strongly advise you to buy in advance your ticket(s) for the selected showtime, through the relevant exhibitor website.
- Check out: on this page you will be requested to identify yourself, either by creating an Account, or by logging in to your Account if you didn’t already do so. Your will be required to enter your physical address, which shall be saved in your Account. You will have the possibility to edit your address from your Account section. You will be asked to select your payment method, either Paypal or credit card, and enter your payment details. If you chose Paypal, you will be redirected to external Virtual Payment System to complete your payment. You are offered the possibility to save your payment details for further CineCardz purchase. In case of any changes to your payment details or your adress, you shall update your details without delay. You can at any time delete your payment details from your Account by following the procedure as indicated in the FAQ.
Please check your entered order details carefully. You can correct input errors by clicking the pen button. If all the data is correct, click the “purchase my CineCardz” button. By clicking the “purchase my CineCardz” button the contract will be concluded.
- Confirmation of your order: if the purchase process has been completed successfully, you will be presented a confirmation page which will display the detail of your CineCardz purchase, and a reference number. The reference number identifies uniquely your CineCardz purchase and will be required in case you have any claim related to your CineCardz. We advise you to print such page or save this reference number on your computer.
The CineCardz will be played at the Cinema, on the date, and during the pre-roll of the showtime you have selected during the CineCardz creation process.
Highlands shall save this agreement content and shall send you the order details and this Agreement by e-mail. You can also find the Agreement in the footer of the Sites at any time. The details about your recent orders can be found via your customer login in your Account section of the Sites.
6. PRICE OF THE SERVICE – AGREEMENT OF PAYMENT
The price for the CineCardz shall be displayed on the Sites before you conclude this Agreement and shall include VAT. The fee for the Service shall be charged right after the contract conclusion. Should the payment method you have elected to for the payment for the Service implies costs, such costs shall be displayed to you on the Sites before concluding this Agreement and shall be included in the final price for the Service.
Highlands reserves the right to modify the price applicable to the Service without notice. Such price changes shall not affect the CineCardz you already purchased as at the date of such change.
Should Highlands not be able to debit the means of payment you specified for any claims to payment due, or should an amount charged be recalled without justification, Highlands shall be entitled to terminate the contract between Highlands and you without notice and/or block your access to the Sites and/or Service.
8. RIGHT OF REVOCATION AND REIMBURSEMENT POLICY
It is your responsibility to check the Cinema, the movie, the date, the showtime and any other details requested on the Sites when creating a CineCardz.
In accordance with the provisions of the article 28 (1) (h) of the Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013 of December 11th 2013, you will not benefit from the right of cancellation in connection with the Services and your CineCardz orders.
Once you have created and purchased your CineCardz, you won’t be able to change such CineCardz or get reimbursed, except for cases provided by the applicable laws (e.g. if the showtime is cancelled). Should you cannot attend the showtime or made a mistake during the CineCardz creation process, Highlands will not change your CineCardz or reimburse the corresponding amount to you.
Should your CineCardz be rejected by Highlands or by the Cinema in which your CineCardz should have been played, your order shall be cancelled and Highlands shall notify you by email of such cancellation and shall either reimburse you the amount you paid for the cancelled CineCardz through the payment method you have elected for the payment of the Service or shall give you a voucher code, at his own discretion.
Should you have any claim in relation to the Sites and/or the Service, you can address your claim to the following email address: email@example.com.
Highlands reserves the right not to provide the Service to any user. Highlands also reserves the right to terminate any user’s right to access the Sites and/or Service at any time, in Highlands discretion. If you violate any of the terms of this Agreement, your permission to use the Service automatically terminates.
11. COMMUNICATION OF INFORMATION
Highlands reserves the right to inform any relevant authority of any activity that has been performed by a user using the Sites and/or the Service.
Highlands may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, a sale of assets or by operation of law.
Highlands own or license the content on the Sites and Service, including, but not limited to, all software, text, images, videos, and other audio, visual and audio-visual content ("Content"); Highlands trademarks, trade names, logos, and brand elements (“ Highlands Marks”); and the trademarks, trade names, logos and brand elements of third party products and services that may be offered on the Sites or through the Service ("Third-Party Marks"). The Content, Highlands Marks and Third-Party Marks (collectively “Materials”) are protected under local and international laws. The posting of Materials on the Sites or through the Service by Highlands does not constitute a waiver of any rights in such Materials. We reserve the right in our sole discretion to edit or delete any Materials without notice. Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Sites is strictly prohibited without the express written consent of Highlands or its owner if Highlands is not the owner.
14. PARTIAL NULLITY
If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of any remaining provisions.
The failure of Highlands to enforce any right or provision of these Terms will not prevent Highlands from enforcing such right or provision in the future.
15. DISCLAIMER AND LIMITATIONS ON HIGHLANDS LIABILITY
YOU USE THE SITES AND SERVICE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT. THE SITES AND SERVICE AND ALL CONTENT AND OTHER PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HIGHLANDS AND ITS OFFICERS, DIRECTORS EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICE (INCLUDING THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF OR IN THE COURSE OF CONDUCT, TRADE, CUSTOM OR USAGE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HIGHLANDS NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES OR SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES OR SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES OR SERVICE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITES OR SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HIGHLANDS NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITES OR SERVICE.
Under no circumstances will Highlands be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
To the extent Highlands may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Highlands’ liability will be the minimum permitted under such law.
16. APPLICABLE LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of France, without giving effect to any conflict or choice of laws rules or provisions, and any dispute arise out of its execution or interpretation shall be submitted to the competent courts of the user domicile.
17. CHANGES TO THIS AGREEMENT
From time to time, we may change this Agreement and/or the Additional Agreement. If we change this Agreement and/or the Additional Agreement, we will inform you by posting the revised Agreement and/or Additional Agreement on the Sites. Those changes will go into effect on the Revision Date shown in the revised Agreement. By continuing to use our Sites or the Service, you agree to the revised Agreement and/or Additional Agreement. If you object to any such changes, your sole recourse shall be to cease using the Sites and/or Service.
"Digital Awakening" music is Ouroboros Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
Last revision: 1 June 2017
© Highlands Technologies Solutions S.A.S, 2016.