Rakuten Technology Conference App TERMS OF USE


The following are the terms of use (“Terms of Use”) for the Rakuten Technology Conference App ("Application"), made available by Rakuten Inc, a Japanese company located at Rakuten Crimson House, 1-14-1 Tamagawa, Setagaya-ku, Tokyo 158-0094 ("Rakuten"), on mobile devices with Android and iOS systems.

By downloading to use the Application, the User will automatically be subject to the rules and conditions of these Terms of Use.


1. DEFINITIONS

1.1 App or Application: is software designed to be installed in a mobile electronic device, such as a mobile phone or smartphone. This application can be downloaded and installed on the device by the User through an online store such as Google Play or Apple Store.

1.2 Android: is an operating system for mobile devices, developed by the “Open Handset Alliance,” led by Google.

1.3 iOS: is an Apple, Inc. mobile operating system originally developed for the iPhone.

1.4 Geolocation: is a system capable of locating mobile devices such as, but not limited to, cellular devices, in order to send georeferenced messages (geolocalized alerts) when such mobile devices (and therefore their users of the georeferenced messages) are geographically close to a certain geographical point or within a certain region bounded by a virtual fence called “geofence.” Such georeferenced messages (geolocalized alerts) can serve several purposes including, for example, the sending of promotional messages from commercial establishments.

1.5 Push Technology: is an Internet content distribution system in which information exits from a server to a client, based on a series of parameters established by the client, also called "signature.” In the case of this Terms of Use this is content to be forwarded as alerts, reminders or messages to the User who has the Application installed.

1.6 Partners: Partner companies of Rakuten or affiliated companies.

1.7 Rakuten Technology Conference: event created and managed by Rakuten, which aims to provide content aimed at the tech community, as well as publicize the brand of the company.

1.8 Users: All people, without restriction, will be able to download and use the Application. Users will have access to resources, for example, but not limited to: the agenda with the Rakuten Technology Conference lecture hours, receive information about the Rakuten Expo event, receive information about the partners participating in the event, among others.


2. DOWNLOADING THE APPLICATION

2.1 In order for the User to download the Application to your mobile device, you must ensure that you have Android or iOS. There will be no other way to access the Application other than the smartphone.

2.2 The Application use tutorial will present the acceptance of the Term of Use to the Users. Acceptance is required for use of the Application, and it will not be possible to proceed without accepting it. Users under the age of consent must obtain parental consent prior to use of the Application.


3. APPLICATION FEE

3.1 There will be no cost to download and use the Application or for any updates.


4. REGISTRATION AND USE OF THE APPLICATION

4.1 There will be no need to register for the use of the Application, which may be used immediately after download.

4.2 Any action performed by the User with published content during the use of the Application shall be User’s sole and entire responsibility, and shall exempt and indemnify Rakuten from any claims, damages, losses and damages caused, as a result of such actions or manifestations.

4.3 The User authorizes Rakuten or third parties indicated by it, to use, for an indefinite period, any information provided during the use of the application, for statistical purposes and sending advertising material, newsletters, reports, etc.

4.4 Rakuten reserves the right to include, exclude or change the content and functionality of the application, as well as suspend it temporarily or cancel it at any time, regardless of prior notice to the User. Likewise, Rakuten may modify these Terms of Use, whose latest version is always available for consultation in the application itself.

4.5 User is solely responsible for any and all content that User submits or posts through the Application. By submitting/posting content, User warrants that it does not violate any third party rights or laws in force and User agrees to keep Rakuten free from any third party claims or claims.

4.6 Rakuten disclaims all liability for damages and losses of any kind that may arise from unauthorized access to, interception, deletion, alteration, modification or manipulation of User data while using the Application.

4.7 The information requested by the User at the time of registration shall be used by Rakuten only for the purposes set forth in these Terms of Use and in no other circumstance, such information will be assigned or shared with third parties not provided for in this Terms of Use, except to a competent court or authority when required.


5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

5.1. Rakuten is responsible for its services and for the management of the Application in relation to the Users, however, the quality and quantity of products and services offered by our partners is the exclusive responsibility of the latter.

5.2. The User is responsible for the updating of the Application when an update is available. If User does not update and has a problem with its use, Rakuten will be exempt from liability for any damages.

5.3 Rakuten is offered on an as-is basis and does not represent or warrant that the Application will be free from loss, defects, attacks, viruses, interference, hacking or other security intrusion, and Rakuten disclaims any liability in connection therewith of third parties.


6. INTELLECTUAL PROPERTY

6.1. The User agrees that Rakuten's services, including but not limited to the Application, integration with other services or applications, scripts and software used to implement it, contain proprietary information of Rakuten and/or its licensors and are protected by applicable intellectual property laws and other applicable laws, including, without limitation, copyright.

6.2. The User agrees that the information or materials contained in the Application will not be used in any way except as provided in the Terms of Use. Information or materials contained in the Application may not be reproduced in any form or by any means.

6.3. Without prejudice to any provision of this Agreement, Rakuten and its representatives reserve the right to change, suspend, remove or disable access to the application, contents or other materials at any time without notice or charge. Under no circumstances will Rakuten be liable for making such changes. Rakuten may also impose limits on the use of or access to certain features or parts of the application service, in any case without notice or liability.

6.4. All copyrights related to the Application, related software, and content are owned by Rakuten or its licensors, who reserve all their rights provided by law and equity. The use of the software or any part of the Application, except for the use allowed in this Terms of Use, is strictly prohibited and violates the intellectual property rights of Rakuten or third parties and may subject you to civil and criminal penalties, including possible damages for copyright infringement.

6.5. Rakuten, the Rakuten logo, as well as the Rakuten Technology Conference brand, and other brands are from Rakuten itself, companies from its economic group or companies partnerships, service marks, graphics and logos used in relation the Application are trademarks registered in Japan and/or in another country. The User does not receive any right or license with respect to any of the trademarks mentioned nor their use.


7. CANCELLATION

7.1 The User may uninstall the Application at any time, without giving either party the right of indemnification or any other rights.

7.2 Without prejudice to other legal sanctions and those provided herein, Rakuten may, in its discretion, notify, suspend and/or cancel User registration, terminate this Agreement and/or Account, revoke the software license, prevent access to the application (or any part thereof) at any time, definitively or temporarily, in the following cases, exemplifying, but not limited to: a) Non-compliance with any provisions of this Term of Use; b) Duplicate registration verification; c) Verification of new register made by User that had its registration canceled and/or suspended; d) Finding fraud or attempted fraud; and/or, e) Provision of incorrect and/or unreasonable requested information or refusal to provide any additional information requested by the Site.

7.3. With the termination, for any reason, of the relationship between Rakuten and the User.

7.4. Rakuten reserves the right to change, suspend or terminate the Application (or any part or content) at any time, with or without notice, and Rakuten shall not be liable to the User or any third party in the exercise of such rights.


8. GENERAL PROVISIONS

8.1 Rakuten reserves the right at any time to modify this Terms of Use and Privacy Policy and to impose new or additional terms or conditions on its use of the application. Such modifications and additional terms and conditions will have immediate effect and will be incorporated into this Terms of Use.

8.2 If any term or condition of the Terms of Use is held to be invalid, unlawful or unenforceable, the parties agree that such term or condition may be excluded and the remainder of the Terms of Use shall remain in full force and effect for an indefinite period.

8.3 Rakuten may, without prior notice, block and terminate access to the Application when it finds that User has performed any act or conduct that (i) violates federal, state and/or municipal laws and regulations, (ii) violates these Terms of Use, or (iii) violate the principles of morality and good manners.

8.4 This Term of Use shall be governed by and construed in accordance with the laws of Japan. In order to resolve any doubts about this instrument, as well as any event related to the use of our services, the Tokyo District Court is elected to resolve any disputes arising from these Terms of Use.