Digital Celebration Terms of Use

DIGITAL SCREENINGS: August 7 - August 9, 2020

All digital passes may include admittance to non-ticketed events including public panels. Digital passes are non-transferable and may not be sold or shared under any circumstances. Unauthorized duplication is a violation of UK law. Access to the site is password protected and revocable at any time. Passwords are personal to you as the passholder and /or ticketholder and may not be shared with others. Violation may result in cancellation of these credentials and privileges. Individual tickets are valid only to the screening that was purchased. Recording or photographing of films and events to which you are being granted admission is strictly prohibited. Your email address and account are uniquely tied to you and are traceable in the event that any of the film content is shared or reproduced. Sundance Institute is a United States non profit corporation dedicated to the support of artists worldwide. All pass and ticket purchases are final and non-refundable.

1. Ownership and Content

Restrictions On Your Use of the Services. You may not do any of the following, unless laws prohibit these restrictions or you have our written permission to do so:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

© use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;

(d) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

(e) use the Services in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Services or use any device, software or routine that causes the same;

(f) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;

(g) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

(h) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

(i) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(j) use the Services for illegal, harassing, unethical, or disruptive purposes;

(k) violate any applicable law or regulation in connection with your use of the Services; or

(l) use the Services in any way not expressly permitted by these Sundance Institute Terms.

2. Disclaimers, Limitations of Liability and Indemnification

a) Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Sundance Institute, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, instructors and licensors (the “Sundance Institute Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Sundance Institute Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; © the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Sundance Institute Entities or through the Services, will create any warranty or representation not expressly made herein.

3. Limitations of Liability

a) TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE Sundance Institute ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE Sundance Institute TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE Sundance Institute TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE Sundance Institute ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE Sundance Institute TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE Sundance Institute ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE Sundance Institute ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

b) Indemnification. By entering into these Sundance Institute Terms and using the Services, you agree that you shall defend, indemnify and hold the Sundance Institute Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Sundance Institute Terms or any applicable law or regulation; (b) your violation of any rights of any third party; © any unauthorized use of the Services; (d) Your Content; and/or (e) your negligence or willful misconduct.

4. ARBITRATION AND CLASS ACTION WAIVER

a) Informal Process First. You agree that in the event of any dispute between you and the Sundance Institute Entities relating in any way to these Sundance Institute Terms or your use of the Services, you will first contact Sundance Institute and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

b) Agreement to Arbitrate and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Sundance Institute Terms or your use of the Services, will be resolved by arbitration. You and the Sundance Institute agree that, to the maximum extent permitted by applicable law, any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Sundance Institute Terms, and provided that with respect to Claims involving users of the Service that are outside of the United States, the applicable JAMS Rules will be the JAMS International Arbitration Rules). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Sundance Institute Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Sundance Institute Terms, you and Sundance Institute are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Sundance Institute will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court (or your local jurisdiction’s equivalent venue, if any), but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

c) Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Sundance Institute will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

d) Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Sundance Institute Terms by sending written notice of your decision to opt-out to collab@sundance.org or to Sundance Institute, P.O. Box 684429, Park City, UT 84068. The notice must be sent to Sundance Institute within thirty (30) days of your registering to use the Services or agreeing to these Sundance Institute Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Sundance Institute Terms. If you opt-out of these arbitration provisions, Sundance Institute also will not be bound by them.

5. Additional Provisions

a) Updating These Sundance Institute Terms. We may modify these Sundance Institute Terms from time to time in which case we will update the “Last Revised” date at the top of these Sundance Institute Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the front webpage for the Services. However, it is your sole responsibility to review these Sundance Institute Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

b) Termination of License and Your Account. If you breach any of these Sundance Institute Terms, all licenses granted by Sundance Institute will terminate automatically. Additionally, Sundance Institute may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Sundance Institute deletes your Account for any suspected breach of these Sundance Institute Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, Sundance Institute may, but is not obligated to, delete any of Your Content. All sections which by their nature should survive the termination of these Sundance Institute Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Sundance Institute or you. Termination will not limit any of Sundance Institute’s other rights or remedies at law or in equity.

c) Injunctive Relief. You agree that a breach of these Sundance Institute Terms will cause irreparable injury to Sundance Institute for which monetary damages would not be an adequate remedy and Sundance Institute shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

d) California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

e) Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Sundance Institute hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

f) Severability. If any provision of these Sundance Institute Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sundance Institute Terms and shall not affect the validity and enforceability of any remaining provisions.

g) Miscellaneous. These Sundance Institute Terms and the licenses granted hereunder may be assigned by Sundance Institute but may not be assigned by you without the prior express written consent of Sundance Institute. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local rules and laws regarding your use of Services, including as it concerns online conduct and acceptable content. Our headquarters are in Park City, Utah, and the laws of the state of Utah shall govern this agreement, as well as providing exclusive venue and jurisdiction of any disputes. These Sundance Institute Terms are governed by the laws of the State of Utah, and with respect to arbitration by the JAMS Rules, without regard to conflict of laws rules. Except as otherwise expressly provided in these Sundance Institute Terms, all arbitration and other litigation of any dispute between you and Sundance Institute related to these Sundance Institute Terms shall be located in Summit County, Utah.

h) How to Contact Us. You may contact Sundance Institute regarding the Services or these Sundance Institute Terms at: Sundance Institute, P.O. Box 684429, Park City, UT 84068, or by e-mail at collab@sundance.org.

**6. Ownership of the Services **

The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. Other than with respect to Your Content (as defined below), you agree that Sundance Institute and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works. The Sundance Institute name, the terms SUNDANCE Sundance Institute, SUNDANCE FILM FESTIVAL® and SUNDANCE INSTITUTE®, the Sundance Institute logo and all related names, logos, product and service names, designs and slogans are trademarks of Sundance Institute or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Privacy Policy and Code of Conduct Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. For an explanation of our privacy practices, please visit our Privacy Policy at http://www.sundance.org/about/privacy-policy#-sundance-institute-privacy-policy.

Code of Conduct. Our Code of Conduct provides guidelines on how you must conduct yourself on our Services. The Sundance Institute Code of Conduct must be followed and can be found on http://collab.sundance.org and is incorporated herein by reference. In the event of a conflict between the Code of Conduct and these Sundance Institute Terms, these Sundance Institute Terms will supersede and control.