Terms of Use

This Website is brought to you by TP Vision Europe B.V. and MMD-Monitors & Displays Nederland B.V., Prins Bernhardplein 200, 1097 JB Amsterdam, the Netherlands (“we” or “us”). The Terms of Use below govern your access and use of this Website (“Website”). Specific terms and conditions may apply to specific content, data, materials or information contained on or available through this Website (the "Content") and to specific content, data, materials or information you may upload, submit and/or publish to the Website (“User Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where only to the extent expressly specified, may supersede these Terms of Use.

1. Acceptance of Terms of Use

By accessing or using this Website you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do not agree to all of these terms, you should not access or use this Website.

2. Modification of Terms

These Terms of Use may be amended by us at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Website after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other websites that we operate may have their own terms of use which apply to such websites.

We reserves the right to discontinue or make changes or updates with respect to the Website or the Content of the Website at any time without notice. We reserve the right to restrict, refuse or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Statement

Personal information provided or collected through or in connection with this Website shall only be used in accordance with our Privacy Statement and these Terms of Use are subject to the Privacy Statement as posted on this Website.

4. Disclaimers

All information (including, without limitation, text, images, graphics, links, and other materials) on the Website is provided "as is" and "as available". We and our affiliates, partners, licensors and suppliers hereby expressly disclaim to extent permitted by law any representations or warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this Website, the content or user content. Neither we nor our subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Website (including any information and materials on this Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public Website. You should have no expectation of confidentiality with respect to any User Content you may submit on this Website. Do not submit confidential information here.

We and our affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in internet, network or hosting services and do not warrant that the Website or the services which make this Website available or electronic communications sent by us are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

5. Registration

Accessing certain areas of the Website and using certain functions or features of the Website may require you to register. This registration is free of charge.

When you register, you must choose a unique password and you must provide a unique, valid, current and verifiable email address that will be used as your user name. Duplicate email addresses are not allowed, so if the name or email address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation email with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorised conduct concerning your account, user name and/or password, you agree to contact us immediately by email at www.unlocked@tpv-tech.com. We may, at our own discretion, bar registration from any specific email service or ISP.

6. Limitation of Liability

In no event shall we or any of our affiliates, partners, licensors or suppliers be liable for any indirect, consequential, punitive, special or incidental or other damages resulting from, arising out of or in connection with the access, use of, or inability to access or use this Website, the content or the user content, even if we havw been advised of the possibility of such damages except to the extent such damages arise as a result of fraud or fraudulent misrepresentation on our part.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.

7. Third Party Content/Software

We are in no way responsible for the content of any site owned by a third party that may be linked to the Website via hyperlink, whether or not such hyperlink is provided by the Website or by a third party in accordance with the Terms of Use. Any link on our Website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Website may link, and we take no responsibility therefor.

Any software made available for downloading from or through this Website is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable license agreement. We hereby expressly disclaim all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non-infringement with respect to the software.

8. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by us, our affiliates, subsidiaries, and/or other partners, the software to operate and publish the Website, the compilation of data on the Website, and the order, sequence and arrangement of this Website, all belong to us. All rights in the Content not expressly granted herein are reserved.

PHILIPS and the Philips Shield Emblem are registered trademarks of Koninklijke Philips N.V.

9. Proprietary Rights in the Website

This Website is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws.

You acknowledge that any User Content submitted and/or discussed on the Website may be the subject of patents, copyrights, trademarks and other intellectual property rights of us, our affiliates, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Website, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

10. Indemnification and Release

You agree to indemnify and hold us harmless, our affiliates, 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 the posting, content, or transmission of any message, data, material or any other User Content you submit on the Website or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, we reserve the right to reveal your identity and any other information we may have about you.

If you have a dispute with one or more users, you release us, our affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11. Shutdown of site

We have the sole right to shut down the Website or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Website.

12. Our products

The Website may contain references to specific products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local sales manager for further information.

13. Dispute resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law provisions. The court of Amsterdam, The Netherlands, shall be the only competent court to settle any disputes between you and us arising out of or relating to the Agreement, unless applicable mandatory consumer law requires otherwise.

14. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

15. No waiver

No failure on our part to enforce any part of these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by us nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorised representative of either TP Vision or MMDshall have any legal effect whatsoever.

16. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.