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Fashion Retail Virtual Reality Experience
- Terms of Use

Terms of Use – Philips Lighting Fashion Retail Virtual Reality Experience

 

V1.0p: February 2018

 

Thank you for your interest in the Philips Lighting Fashion Retail Virtual Reality Experience “App”. This App is offered to you by Philips Lighting B.V., a Dutch limited liability company, with its principal office at High Tech Campus 45, 5656 AE Eindhoven, the Netherlands ("Philips Lighting").


Applicability: Please note that your use of and interaction with this App is subject to these Terms of Use, which remain in full force and effect so long as you continue to use or access the App, or until terminated earlier in accordance with the provisions of these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE APP. Any use or access to the App by anyone under the age of 18 is strictly prohibited and is a violation of these Terms of Use. By clicking to accept these Terms of Use or by using this App, you acknowledge that you have read all of its terms, and that you understand and agree to be bound by these Terms of Use. These Terms of Use only governs the use of App and in no way affects or overrides the contract that you have with Philips Lighting or its Affiliates with regards to products or services.
 

Scope of the App:

The App has been developed as a sales enablement tool and it provides an overview of currently available product and system propositions for Fashion Retail.
 

Privacy: Privacy of our end users is important to us, please read the privacy notice provided separately to you in this App carefully.
 

Third Party Services and Open Source Software:  Sometimes when you use the App you may (as a result of, or through your use of the App) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. If the App contains a third party software or component or an open source software or component then the use of such software or component shall be subject to the terms of use of such third party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the App in any manner that would subject the App to Open Source Terms. "Open Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party.
 

Amendments: These Terms of Use may be amended by Philips Lighting at any time. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any. 

Affiliates: For purposes of these Terms of Use include Philips Lighting N.V. and any and all companies, firms and legal entities with respect to which now or hereafter Philips Lighting N.V. directly or indirectly holds (i) 50% or more of the nominal value of the issued share capital; or (ii) ownership interest; and/or (iii) 50% or more of the voting power at general meetings; and/or (iv) has the power to appoint a majority of directors; and/or (v) to otherwise direct their activities and activities of such other companies, firms or legal entities as may be appointed by Philips Lighting N.V.
 

License grant: Philips Lighting grants you a non-exclusive, non-transferable, revocable and limited license solely to access the App, to download and use the App’s software and service, and to access the content of the App (“Content”) according to these Terms of Use.
 

Restrictions: You agree to (a) not use the App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose or in violation of these Terms of Use; (b) use the App only as intended by Philips Lighting; (c) not use the App in any manner that could harm Philips Lighting, its service providers, or any other person; (d) not to republish, reproduce, distribute, display, post or transmit any part of the App or modify or adapt the App or merge the App into another program or create derivative works based upon the App; (e) not perform an action with the intent of introducing to the App viruses, worms, defects, Trojan horses, malware or any items of a destructive nature or disabling the App or other end users’ devices; (f) not to circumvent or attempt to tamper with the security settings of App; (g) not to reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly prohibits the foregoing restriction; (h) comply with any other reasonable requirements or restrictions requested or imposed by Philips Lighting; (i) not publish and/or post any abusive, obscene or inappropriate content on the App; and (j) not permit others to do any of the foregoing restricted acts. You assume full responsibility for the legal and responsible use of the App.
 

Upgrades, updates: Philips Lighting may, at its sole option, make upgrades or updates to the App for seamless service, and may do so remotely without notifying you. Updates, upgrades or changes are subject to these Terms of Use, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. If you do not want such updates or upgrades, your sole remedy is to cease using the App altogether. Your continued use of the App implies deemed acceptance of such updates and upgrades by you.
 

Support: For any questions and support with regards to the App, please contact your local Philips Lighting organization which can be found at justyna.van.de.wal@signify.com.

 

Confidentiality: This App, including any information and materials or content on or in the App (“Information”) are all confidential information of Philips Lighting. You shall not discuss, exchange, share, disclose and/or otherwise make the information available with and/or to any party other than Philips Lighting and/or its Affiliates without Philips’ prior written approval. You shall not use the information for any purpose and/or use other than as herewith licensed by Philips to you under these Terms of Use.
 

Disclaimer of Warranties: ALL CONTENT AND USER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS LIGHTING AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY WEB SITE AND THE APP, THE CONTENT OR USER CONTENT. NEITHER PHILIPS LIGHTING NOR ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP (INCLUDING ANY INFORMATION AND MATERIALS, TOOLS OR CONTENT ON OR IN THE APP) WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS.
 

Limitation of Liability: TO THE MAXIMUN EXTENT PERMISSIBLE BY APPLICABLE, IN NO EVENT WILL PHILIPS LIGHTING, OR ANY AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE SOFTWARE OR APP OR CONTENT , BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH; LOSS OF CONTENT PROVIDED BY YOU OR ANY DAMAGES RELATING TO YOUR FAILURE TO KEEP YOUR ACOUNT INFORMATION OR PASSWORD SECURE) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE APP OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUN EXTENT PERMISSIBLE BY APPLICABLE, PHILIPS LIGHTING OR ITS AFFILIATES’ OR IT’S LICENSORS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP OR FIFTY EUROS (50€) WHICHEVER IS HIGHER.  SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 

Your Indemnity: You agree to indemnify and hold harmless Philips Lighting, its subsidiaries, affiliates, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of or are related to the posting, content, or transmission of any message, data, material or any other content or information you submit on the App or any violation of these Terms of Use by you or a third party or person acting on your behalf.
 

Ownership: Copyrights and all other intellectual property rights in the App and the Content provided by Philips Lighting, its affiliates, licensors, and/or partners, the compilation of data on the App, and the order, sequence and arrangement of this App, are solely owned by Philips Lighting Holding B.V. and / or its  Affiliates, partners or licensors. All rights are reserved. You may not use the Content and the App other than expressly permitted in these Terms of Use. Philips Lighting and its Affiliates or its licensors retain ownership of all its rights in Content and in and to the App, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Philips Lighting intellectual property.
 

Usage Data: You acknowledge and agree that Philips Lighting may collect information and data generated from your use of the App (“Usage Data”). Philips Lighting shall ensure that the use of Usage Data will exclude any data personal data. Philips Lighting is entitled to use the Usage Data, free of charge, at any time during the term of these Terms of Use and afterwards, in its sole discretion for any purposes whatsoever, including but not limited to, to aggregate or compile Usage Data with other data, create IPR or derivative works of or modify or adapt Usage Data to provide, maintain, and improve products and services, and to develop new products or features or services.
 

Termination: These Terms of Use shall terminate with or without notice (i) at the discretion of Philips Lighting, due to your failure to comply with any provision of these Terms of Use or applicable law; or (ii) if any fee charged by Philips Lighting for continued use is not paid in due time; or (iii) upon destruction of your installed copy of the App. Upon termination of the Terms of Use you shall not access or use the App in any manner. Philips Lighting’s rights and your obligations shall survive the termination of these Terms of Use.
 

Jurisdiction: These Terms of Use shall be construed, interrupted and governed by the laws of the Netherlands without regard to conflicts of laws principles. Any litigation arising from or relating to these Term of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Amsterdam, however, Philips Lighting may enforce its or its Affiliates’ intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts.
 

Miscellaneous: You will not export or re-export any part of (the content of) the App. These Terms of Use shall constitute the entire agreement between you and Philips Lighting with respect to its subject matter. Failure by Philips Lighting to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, then that determination will not affect the continued validity, legality, enforceability, and effectiveness of the remaining provisions of these Terms of Use

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