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.
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).
(C) Philips’ Copyright Policy;
(D) About Us.
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.
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.
9.3 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
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.
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:
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: email@example.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.
The Net TV Portal is provided to you by:
Philips Consumer Lifestyle B.V.
High Tech Campus 37
5656 AE, Eindhoven
Trade Register No 17066875
VAT Number NL009807184B01
For any remarks in relation to this website please contact: firstname.lastname@example.org