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Philips Terms of Use Internet Enabled Product

Congratulations with your purchase of a Philips Internet enabled product (hereafter: “Device”).

 

The Internet enabled product functionality enables you to access services, content, software and products of third parties on the internet via the Philips service portals (hereafter: “Portal”) and provides you access to open internet.

A. Terms of Use.

 

1. Your relationship with Philips

 

1.1 Your use of the Portal and any products, content (e.g. web pages, pictures, video content services, music services etc.), software and services (collectively referred to as: “Services”), provided to you by third parties on or via the Portal are subject to the terms of a legal agreement between you and Philips (“Philips” means Philips Consumer Lifestyle B.V., High Tech Campus 37, 5656 AE, Eindhoven, the Netherlands).

 

1.2 Your legal agreement with Philips is made up of the following elements (collectively referred to as: “Terms of Use”):

(A) Terms of Use;

(B) Philips’ Privacy Policy;

(C) Philips’ Copyright Policy;

(D) About Us.

 
1.3 The Terms of Use form a legally binding agreement between you and Philips in relation to your use of the Portal to access Services and the open internet. The Services are provided to you by third parties (not by Philips!). It is important that you take the time to read them carefully. You should print off or save a local copy of the Terms of Use for your records. You can access the relevant document via www.philips.com/terms.
 
1.4 These Terms of Use supplement and do not replace, any terms, conditions or disclaimers, which were provided with your purchase of the Device. All such terms, conditions and disclaimers remain in full force and effect.

 

2. Acceptance of the Terms of Use

 

2.1 In order to use the Portal and access the Services you must firstly agree to the Terms of Use.If you do not agree to these Terms of Use, you may not use the Portal and may not access the Services.

 

2.2 Your use of the Device and Services constitutes your agreement to be bound by these Terms of Use. You understand and agree that Philips will treat your use of the Services as acceptance of the Terms of Use from that point onwards. If you do not agree to these Terms of Use, you may return your Device to the point of purchase.

 

2.3 You must be at least 18 years of age to assume the responsibility of these Terms of Use. If you are under 18 years of age, you may not use the Device unless one of your parents or legal guardians assumes the responsibility of these Terms of Use. Your use of the Device constitutes your representation that you are either 18 years of age or, if you are under 18 years of age, that your parent or legal guardian has assumed the responsibilities of these Terms of Use..

3. Use of the Portal

 

The use of the Portal and access to the Services are subject to installation of a working internet connection to your Device. Philips provides the Portal subject to availability and as is. Philips reserves the right in its sole discretion to limit or terminate the provision of the internet access or Portal at any time without prior notice.

4. Restrictions on Modification of your Device

Your Device allows you to access Services on the internet via the Portal. As a condition of obtaining access to the internet through the Device, you agree:

 

a) not to tamper with or otherwise modify or attempt to modify the Device in any way (including through the use of software or by making physical alterations to the Device).

 

b) that you will not circumvent or attempt to circumvent technological measures employed to control access to, or the rights in, any content.

 

c) that you will not circumvent or attempt to circumvent any copy management system by any means.

 

d) that you will not decipher or attempt to decipher cryptographic keys or otherwise defeat or attempt to defeat any security features implemented in the Device.

 

e) that you will not use the Device for any unauthorized purpose or in contravention of any law or regulation.

5. Disclaimers Regarding Services

 

The Services are not controlled or programmed by Philips but are provided by third parties. Your Device allows you to access and receive such Services from the internet. Since such Services are provided by others:

 

a) PHILIPS HAS NO EDITORIAL CONTROL OVER ANY OF THE SERVICES RECEIVED THROUGH YOUR DEVICE AND THEREFORE IS NOT LIABLE FOR THE SERVICES ITS CONTENT OR ITS NATURE OR DELIVERY.

b) PHILIPS DOES NOT ENDORSE ANY OPINIONS EXPRESSED IN ANY OF THE SERVICES RECEIVED BY YOU THROUGH YOUR DEVICE.

c) PHILIPS DOES NOT GUARANTEE THE TRUTHFULNESS, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES.

d) YOU AGREE THAT THE USE OF THE SERVICES AND ANY RELIANCE THEREON IS AT YOUR OWN RISK.

6. Limitations on Access

 

Philips does not warrant access to the Portal or to any of the Services. Philips may, in its sole discretion, add or remove access to any specific Service at any time. Although Philips will strive to provide a good selection of Services, Philips does not warrant continued access to any specific Service.

7. Rights in Content

 

The Services may be protected by copyright laws or other intellectual property or proprietary laws. In some situations, such as the use of Services in a commercial environment, Philips may require that you obtain, at your own cost, risk and liability, a license or other authorization to access and use such Service. You agree that, in the event such a license or authorization is necessary, it is your responsibility to obtain any such license or authorization. You agree that you are solely liable for any damages you may incur resulting from your failure to obtain the proper license or authorization for use of the Content accessible through the Device. You agree that Philips will have no liability to you with regard to your use of the Content.

8. Changes to Device, Portal and/or Terms of Use

 

8.1 Philips may, at its discretion, change the features of the Device or the Portal, for example by adding or removing features or Services to the Portal. Some changes may then impact these Terms of Use.

 

8.2 Philips may make changes to the Terms of Use from time to time. When these changes are made, Philips will make the changed Terms of Use available on its website. You should check the Terms of Use regularly for changes.

 

8.3 You understand and agree that if you use the Portal after the date on which the Terms of Use have changed, Philips will treat your use as acceptance of the updated Terms of Use.

9. Software and Intellectual Property Rights

 

9.1 You may need to use certain software programs to use the Portal and access some Services. You might have received certain software with the purchase of the Device and may receive other software from time to time in the future. Most software is or shall be contained in the Device and is not accessible by you. Some of that software is owned by Philips and some is owned by third parties.

 

9.2 Your use of software owned by Philips is subject to these Terms of Use and any applicable license agreement. Your use of software owned by third parties is governed by their applicable license agreements.

 

9.3 Your use of software does not transfer any title or ownership rights in the software to you. Philips retains all its rights in software and other intellectual property, including copyrights, patent rights, and rights in its trademarks and trade names.

 

9.4 By using the software you agree that you will not disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute the software or use the software for any unauthorized purpose or in contravention of any law or regulation.

10. Warranty Disclaimer

 

10.1 PHILIPS MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT: (I) THE DEVICE, PORTAL OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (II) THAT THE USE OF THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS.

 

10.2 PHILIPS MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE INFORMATION OR CONTENT ACCESSED THROUGH THE PORTAL OR OPEN INTERNET OR TO YOUR RELIANCE ON, OR USE OF, ANY INFORMATION OR CONTENT ACCESSED THROUGH THE PORTAL OR OPEN INTERNET. SPECIFIC WARRANTIES WERE PROVIDED WITH YOUR PURCHASE OF YOUR DEVICE AND THOSE WARRANTIES, INCLUDING ANY DISCLAIMERS TO THOSE WARRANTIES, CONTINUE TO APPLY.

11. Limitation of Liability

 

PHILIPS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST SAVINGS) OR FOR LOSS OF DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO YOUR USE OF THE DEVICE, PORTAL OR ANY SERVICE, WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY - EVEN IF PHILIPS HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PHILIPS CUMULATIVE LIABILITY FOR DAMAGE (FROM ANY CAUSE WHATSOEVER) EXCEED THE AMOUNT YOU PAID FOR YOUR DEVICE.

 

The exclusions set forth above shall not apply in the event of cases of gross negligence or intent, injury to life, body or health.

12. General Conditions

 

12.1 The Terms of Use constitute the whole legal agreement between you and Philips and govern your use of the Device and Portal to access Services of third Parties.

 

12.2 You agree that Philips may provide you with notices, including those regarding changes to the Terms of Use, by posting them on the Portal.

 

12.3 You agree that if Philips does not exercise or enforce any legal right or remedy, which is contained in the Terms of Use (or which Philips has the benefit of under any applicable law), this will not be taken to be a formal waiver of Philips’ rights and that those rights or remedies will still be available to Philips.

 

12.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

 

12.5 The Terms of Use, and your relationship with Philips under the Terms of Use, shall be governed by the laws of the jurisdiction in which the Device was sold and you hereby consent to the non-exclusive jurisdiction of courts in the relevant country. You agree that Philips shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction. These Terms and Conditions of Use will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly waived.

B. Philips’ Privacy Policy.

 

Philips believes strongly in protecting the privacy of the personally identifiable information you share with Philips. Philips also believes it is important to inform you about how your personal data will be used.

To improve the Portal Philips may make use of “cookies” to collect and store some of your personal data. Furthermore Philips makes use of Ad-Serving technology companies for marketing and advertising purposes, such as AdLINK, those Ad-Serving technology companies will also make use of “cookies”.

 

A "cookie" is a small text file sent to your Device, which allows Philips and the Ad-Serving technology companies to recognize your Device the next time you visit, without bothering you with another request to register. If you use the Portal, the Services and/or the open internet, the cookie will collect and store some "visitor information" from you, such as, amongst others but not limited to, the Internet Protocol (IP) address of the Device, the date and time of your use of the Portal, the name of the Services provider you have accessed via the Portal and the Internet address of the websites you accessed via open internet linked through via the Portal. The collected and stored information shall be deleted after some time by Philips and/or the Ad-Serving companies.

 

To learn more about cookies, the use thereof, the protection of your personal data and to give you choices about how those data will be used, you could to visit www.cookiecentral.com. Philips encourages you to read the Philips Privacy Policy, to learn more about the use of your personal data collected by cookies send to your Device by Philips, which can be accessed via:

 

https://www.philips.co.uk/privacypolicy/index.page

 

Philips encourages you to read the privacy policies of the Ad-Serving technology companies used by Philips for marketing and advertising purposes, to learn more about the use by them of your personal data collected by cookies send to your Device by the Ad- Serving technology companies, which can privacy policies be accessed via:

 

http://www.adlink.net/company/privacy.php

C. Philips’ Copyright Policy.

 

If you are a copyright owner or an agent thereof and believe that the Portal or any of the Services made accessible though it or linked to via the Portal infringes your copyrights, you may submit an infringement notice to Philips, by using the following format:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information sufficient to permit us or the service provider to contact you: postal address, telephone number, and, if available, an e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notifications of claimed infringement can be made to: Philips Consumer Lifestyle B.V., High Tech Campus 37, 5656 AE, Eindhoven, the Netherlands, email: nettv@philips.com, fax: +31 40 27 37290.

 

You acknowledge that if you fail to comply with all of the above requirements for infringement notifications, your notification is not valid and may be rejected without further notice.

 

Any person who knowingly materially misrepresents that material or Services are infringing and sending an infringement notice under this policy, causing Philips to remove or terminate access to such material or Services may be subject to legal liability.

D. About Us

 

The Net TV Portal is provided to you by:

 

Philips Consumer Lifestyle B.V.
High Tech Campus 37
5656 AE, Eindhoven
the Netherlands
Trade Register No 17066875
VAT Number NL009807184B01

 

For any remarks in relation to this website please contact: nettv@philips.com