Signify LightFinder – Terms of Use

    Version November 2018
     

    Thank you for your interest in Signify LightFinder! The Signify LightFinder is application (“App”) is made available to you by Signify Netherlands B.V. having its registered office at High Tech Campus 48, 5656 AE Eindhoven, The Netherlands ("Signify")
     

    We welcome you to use this App, there are just a few rules and restrictions we ask you to keep in mind!
     

    What this App does for you:

    • It provides you with information on Signify’s lighting products
    • It helps you find a replacement for your current lighting products. It lets you upload the photo of your old lamp in order to recommend you a replacement
       

    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. 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.

    We encourage you to read on; by using the App, you accept the terms as mentioned below. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE APP.

    Scope of the App: It helps you bring the lighting products at your doorstep in an easy and engaging way. You can upload the photo of your old lamp and the App will provide you a similarly placed and you will get the information about where to buy such products.
     

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

    Access and registration: Accessing and using the App can be done as a guest.
     

    License:  You may use this App solely in in connection with the purpose as described above. The right to use this App is App is personal, non-exclusive, non-transferable, revocable and limited to the purpose.
     

    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 Signify; (c) not use the App in any manner that could harm Signify, 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 Signify; (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.
     

    Third parties: It is possible that when you use this App you will (also) use a service, download a piece of software, or purchase goods that are provided by a third party. Please know that those third parties may have their own applicable rules and restrictions, separate from these terms of use.
     

    Upgrades, updates: Signify may, at its sole option, make upgrades or updates to the App for providing 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 1-800-555-0050 or http://www.usa.lighting.philips.com/support/connect/contact-us/contact-us
     

    Warranties: Our goal is to provide you with a great App and a great App user experience. Do know that we are only able to provide you the App "as-is" and we cannot warrant anything about the App or its content.
     

    Liability: As much faith as we have in our App, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the App would not work or any content may be lost, please accept our sincerest apologies. We certainly understand that it is unfortunate and inconvenient. Unfortunately, we cannot accept any liability for any damages incurred as a result of your use of the App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY EVENT WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE FEES PAID IN CONNECTION WITH THE APP OR FIFTY EUROS (€50), WHICHEVER IS HIGHER. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, SIGNIFY SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE AT LAW.
     

    User content: If you create or upload content on the App (“User Content”), you can decide what you will publicly share on our App and we want you and others to enjoy our App. So please don’t use our App in a way that is commonly considered inappropriate (such as obscene, violating laws and regulations, offensive, discriminatory or that infringe someone else’s rights).
     

    User Content is provided by users, not by Signify. We do not endorse opinions, recommendations, or advice expressed therein. As this is a publicly available App, sharing your content means that it becomes public. Also, when you share your content, we intend to use it for our own purposes as well, including without limitation for commercial purposes without any obligation towards you. If this is not what you would like, it is best to be cautious about what you share.
     

    Your indemnity: You agree to indemnify and hold harmless Signify 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 or the law 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 Signify, the compilation of data on the App, and the order, sequence and arrangement of this App, are solely owned by Signify Holding B.V. and / or its affiliates, partners or licensors. All rights are reserved. You may not use the App other than expressly permitted in these Terms of Use. Signify 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 Signify intellectual property.
     

    Amendments: These Terms of Use may be amended by Signify 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. 
     

    Usage Data: You acknowledge and agree that Signify may collect information and data generated from your use of the App (“Usage Data”). Signify shall ensure that the use of Usage Data will exclude any data personal data.  Signify 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 including but not limited to, to aggregate or compile Usage Data with other data, create intellectual property rights 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.

    Feedback: If you provide any ideas, suggestions, feedback or recommendations to Signify regarding the App ("Feedback") you acknowledge and agree that Signify will own all rights in Feedback including without limitation intellectual property rights and will be free to use such Feedback for any purpose whatsoever in its sole discretion without any further obligation or liability and without payment of royalties or other consideration to you.
     

    Termination: These Terms of Use shall terminate with or without notice (i) at the discretion of Signify, due to your failure to comply with any provision of these Terms of Use; or (ii) if any fee charged by Signify 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. Signify’s rights and your obligations shall survive the termination of these Terms of Use.
     

    Jurisdiction: Subject to the below paragraph and to the fullest extent permitted by law, these Terms of Use shall be construed, interpreted and governed by the laws of country of your residence without regard to conflicts of laws principles.
     

    If you are a user located in US, then the following section applies to you. To the fullest extent permitted by law, these Terms of use shall be construed, interpreted and governed, and the relations of the parties shall be determined, in accordance with the substantive laws of the State of New York without regard to its conflict of laws principles. The applicability of the United Nations Convention on Contracts for the International Sale of Goods, and any other laws that direct the application of the laws of any other jurisdiction, are expressly disclaimed and are thus excluded.
     

    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 Signify with respect to its subject matter. Failure by Signify 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.