Retail Loyalty Congress 2019
TERMS AND CONDITIONS – EVENT APPLICATION RLC 2019
DESCRIPTION OF THE SOFTWARE
The Software allows the User to enjoy the advantages of the RLC 2019 event application. Once the User has entered the login credentials in the Software, the User will be part of this event application which is custom made to BrandLoyalty’s Retail Loyalty Congress 2019 (hereinafter the “RLC”). During the availability of the Software the User may use the application and its functionalities as made available through the Software at the moment of login. You acknowledge that BrandLoyalty reserves the right to take the Software offline and/or to deny access to the Software at any time.
The Software may only be used by individuals aged eighteen (18) years or older. If the User is under the age of eighteen (18) years, the User should review these Terms with the User’s parent or guardian to make sure the User and the User’s parent or guardian understand them and approve them.
Subject to these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited and revocable license (“User License”) to use the Software for personal use only on a phone, tablet or other suitable device (each a “Device”) owned or controlled by the User in accordance with these Terms. Any use of the Software in any other manner, including, without limitation, resale, transfer, modification or distribution of the Software or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Software (“Content”) is prohibited. These Terms and the User License also govern any updates to, or supplements for or replacements of, this Software unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Some functionalities of the Software may require the processing, transmission, storage and/or use of information generated and/or stored in the Software, in the Company systems or provided by the User in the Software or otherwise, including but not limited to personal(ly identifiable) data, such as User names and passwords, addresses, e-mail addresses, information on the usage of the Software and information on the User’s event experience (collectively “User Information”). If the User uses such Software functionalities, the User consents to the processing, transmission, storage and/or use of User Information by the Controller, its affiliates, licensors, suppliers, service or software providers, distributors, clients, agents and other third parties involved in the development and implementation of the Software (altogether, the “Processor(s)”); and the User authorizes the Processors to record, process, transmit, store and use such User Information as necessary for the Software functionality, for the purposes described herein and in accordance with the Privacy Statement, available at https://www.brandloyalty.com/en/privacy-statement-app-retail-loyalty-congress-2019
The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored in a Device, for all transactions and other activities undertaken with any user names and other identifiers registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify the Controller of any unauthorized transactions associated with the Software or any other breach of security. In no event shall the Controller and/or the Processors (hereinafter altogether referred to as the “Indemnified Parties”), be responsible for any losses or damages arising out of or related to the loss or theft of User Information transmitted from or stored in a Device or from unauthorized or fraudulent transactions associated with the Software.
The User is solely allowed to use the Software when it participates during the RLC through a personalized invitation e-mail send from Controller. Use of the Software and any Content and User Information collected, transmitted, processed, stored, used or analyzed in connection with the Software is limited to the contemplated functionality described above and shall be strictly subject to the conditions of acceptable use herein described (collectively “Acceptable Use”): In no event may the Software be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Indemnified Parties, or Content that is not authorized bythe Controller or the Processors; (d) uses or launches any automated system, including without limitation, "robots," "spiders,", “crawler” or "offline readers," to access the Indemnified Parties, or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to the Indemnified Parties, computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability, or that may otherwise impugn, detract from or disparage the goodwill the Controller, the Processors or third parties; (h) violates these Terms; (i) attempts to or does damage, disable, overburden, or impair the Indemnified Parties’ servers or networks; or (j) fails to comply with applicable third party terms.The Indemnified Parties reserve the right, in their sole discretion, to terminate any User License, terminate any User’s participation, remove Content and/or assert legal action with respect to the Content or use of the Software that the Indemnified Parties reasonably believe is or might be in violation of these Terms, or the terms of Acceptable Use or the Indemnified Parties Policies and these Terms. The Indemnified Parties’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User agrees to defend, indemnify, and hold harmless the Indemnified Parties, their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User’s use or misuse of the Software, violation of these Terms or violation of any rights of a third party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Software or User’s possession and use of the Software infringes that third party’s intellectual property right, the Indemnified Parties as applicable, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
THE SOFTWARE IS PROVIDED TO THE USER "AS IS" AND THE USER IS USING THE SOFTWARE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE SOFTWARE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES (A) BE LIABLE TO THE USER WITH RESPECT TO THE USE OF THE SOFTWARE; AND/OR (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE SOFTWARE OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SOFTWARE.
MARKS, SOFTWARE AND CONTENT
The logos, trademarks, service marks, graphics, copyright and other intellectual property rights of the Controller and/or the Processors or otherwise used in connection with the Software are trademarks or registered trademarks of the Controller and/or the Processors, respectively, all of which may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. The Software and the Content are or may be subject to protection by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by the owner of the Content, as applicable.
This Software provides its functionalities and services at no charge. However, Users may incur in costs derived from the use of the internet or the data transfer over the network provider, such costs to be borne by the Users.
The Company does not and cannot guarantee that the information contained or displayed in this Software is complete, correct, up to date and free of typographical errors at all times. However, the information on this Software has been compiled with the greatest possible care and the Company endeavors to provide accurate and updated information, and uninterrupted error-free transmissions. The information on this Software is general and does not contain any advice.
The Indemnified Parties reserve the right to take legal action in case of unsolicited advertising, such as spam electronic mails, and/or other acts and omissions relating to this Software and/or the Promotion.
This Software may offer the possibility to receive messages (“push notifications”) that may provide Users with information on the event activity(ies) that are the subject matter of these Terms, including but not limited to messages about the RLC, the Controller or the Processors with the purpose of informing Users about the Software, the progress of the RLC, the contribution of sponsors, speakers and third parties to the RLC and the User’s participation during the RLC. By downloading and using this Software, Users agree to receive push messages via this Software. Depending on the Device used to access this Software, such consent may be requested before any use of this Software. In all cases, push messages may be activated or deactivated by Users anytime at their sole discretion by manually changing the settings of the User’s device.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Netherlands, unless applicable mandatory law stipulates otherwise. For the purposes of any legal action arising out of or related to the use of the Software or these Terms, unless applicable mandatory law stipulates otherwise, the User irrevocably consents to the exclusive jurisdiction of the competent courts of ‘s-Hertogenbosch.
The Company reserves the right to change or modify these Terms or any other the Company policies related to use of the Software at any time and at its sole discretion by posting revisions on the Software. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Any questions, complaints or claims regarding the Software should be directed to:
Brand Loyalty International B.V.
5211 BH ‘s-Hertogenbosch, the Netherlands