Terms of use
my ultrasound App
Terms of Use The my ultrasound App ("App") is offered to you by Koninklijke Philips N.V., registered at 525 Boschdijk, Eindhoven, The Netherlands ("Philips"). The following Terms of Use govern your download, installation, access and use of this App. Also, specific terms and conditions may apply to specific content, data, software, materials or information contained on or available through this App (the "Content") and to specific content, data, materials, or information you may submit (the “User Content”). Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use. 1. Acceptance of Terms of Use By downloading, installing, accessing and/or using this App 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 App. If you do NOT agree to all of these terms, you should NOT download, install, access and/or use this App. 2. Modifications These Terms of Use may be amended by Philips at any time. Such amended Terms of Use shall be effective upon posting. 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 any applicable terms and conditions. Philips reserves the right to discontinue or make changes or updates with respect to the App or the Content of the App at any time without notice. Philips reserves the right to restrict, refuse or terminate access of any person to the App or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion. 3. Privacy Notice Personal information provided or collected through or in connection with this App shall only be used in accordance with the Philips Privacy Notice and these Terms of Use are subject to the Philips Privacy Notice as posted on this App. By using the App you acknowledge and agree that you have read and accept the terms of Philips Privacy Notice. 4. Disclaimers ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES 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 APP, THE CONTENT OR USER CONTENT. Neither Philips nor its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the App will meet your requirements, (ii) the App will be uninterrupted, timely, secure or error free, (iii) the App will be compatible with all hardware and software which you may us or (iv) the results that may be obtained from the use of the App (including any information and materials on this App) will be correct, complete, accurate, reliable, or otherwise meet your requirements. Philips and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the App or the services which make this App available or electronic communications sent by Philips are free from viruses or any other harmful elements. Any Content, software or any information obtained via or through the use of this App is done at your own discretion and risk. You will be solely responsible for any damage to your device or system or loss of data that results from the download of any such. Any access to information, software and/or documentation on the App from countries in which such access is unlawful is not permitted. In this case, and assuming that you wish to enter into business relations with Philips, you should contact the Philips representatives in the respective country. 5. Registration The App does not generally require you to register and to provide personal data, but if you choose to or in case you like to download Content, you have to provide your personal profile information as set forth under the Philips Privacy Notice (Section 3 above). By using the App, you consent to such processing and you warrant that all data provided by you is accurate and will be kept up to date. Registration is free of charge. If you become aware of any suspicious or unauthorized conduct concerning your registration, you agree to contact us immediately by e-mail myultrasound@philips.com and to privacy@philips.com 6. Your behavior By using the App or submitting any User Content via the App and the related email-address, you agree that the your behavior and material will be proper, constructive and relevant and you agree not to (1) use the App in any unlawful or disrespectful or unethical manner, including but not limited to items that (a) may be defamatory or injurious to another person or entity, (b) may cause harm to any person or property or otherwise defame or harass any person or organization, (c) may violate any legal rights of any person (including right to privacy or publicity), (d) are pornographic, obscene, profane, vulgar, indecent, or threatening, (e) are culturally, ethnically, or otherwise objectionable, or (f) suggest or encourage any illegal activity; or (2) attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to and with the App; or (3) modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App. You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations via the App and the related email-address. You shall not interfere with or disrupt Philips sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on Philips used infrastructure. 7. Limitation of Liability IN NO EVENT SHALL PHILIPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES 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 APP, THE CONTENT OR THE USER CONTENT, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF PHILIPS. 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. 8. Third Party Content/Software Philips is in no way responsible for the content of any site owned by a third party that may be linked to the App via hyperlink, whether or not such hyperlink is provided by the App or by a third party in accordance with the Terms of Use. Any link on the App 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 App may link, and Philips take no responsibility therefor. Any software made available for downloading from or through this App 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. PHILIPS HEREBY EXPRESSLY DISCLAIMS 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. 9. Copyright and Trademarks Copyright and all other proprietary rights in the Content provided by Philips, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the App, the compilation of data on the App, and the order, sequence and arrangement of this App, all belong to Koninklijke Philips N.V. and/ or its brand licensees, other partners or licensors. The license granted to you related to the Content and the App itself is limited to a non-exclusive, non-transferable and non-commercial use. PHILIPS is a registered trademark of Koninklijke Philips N.V. PHILIPS and all other registered trademarks of Koninklijke Philips N.V. and its affiliates are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of Philips when referencing Philips company products and services. Find more information at www.ip.philips.com. The use and registration of the PHILIPS name is exclusively reserved to Philips and its affiliates. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Philips name or any name similar thereto or any name which consists of a part of the Philips name forms part nor shall it include any other registered trademark owned by Koninklijke Philips N.V and its affiliates. 10. U.S. Copyright Infringement Claims If you know or suspect that any of the materials on this App have been used or copied in a way that constitutes copyright infringement, please send notice to Philips' designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements: (1) A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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 us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted; (5) A statement by you 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; (6) A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The designated agent for notice of copyright infringement claims may be reached as follows: By Mail: Philips International B.V. By Fax: Philips International B.V. 11. Indemnification and Release You agree to indemnify and hold harmless Philips, 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 the posting, content, or transmission of any message, data, material or any other User Content you submit on the App 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, Philips reserves the right to reveal your identity and any other information Philips may have about you. 12. Philips Products The App may contain references to specific Philips 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 Philips business contact for further information. 13. Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995 The information on this website may contain certain forward-looking statements with respect to the financial condition, results of operations and business of Philips and certain of the plans and objectives of Philips with respect to these items. Philips cautions readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Examples of forward-looking statements include the statements Philips has made about Philips strategy, estimates of sales growth, future EBITA and cost savings, future developments in Philips organic business as well as the benefit of future acquisitions, and Philips capital position. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. The forward looking statements are subject to, among other things, domestic and global economic and business conditions, the successful implementation of Philips strategy, Philips ability to identify and complete successful acquisitions and to integrate those acquisitions into Philips business, consumer preferences with respect to Philips existing and new products, the ability to develop and market new products, the ability to realize the benefits of this strategy, the policies and actions of governmental and regulatory authorities, changes in legislation, and the impact of competition – a number of which factors are beyond Philips control. As a result, Philips actual future results may differ materially from the plans, goals, and expectations set forth in such forward-looking statements. Additional risks and factors are identified in Philips documents filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) including in Philips most recent Annual Report on Form 20-F, which is available on the SEC’s website at www.sec.gov. Any forward-looking statements made by or on Philips behalf speak only as of the date they are made. Philips does not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. You should, however, consult any additional disclosures that Philips has made or may make in documents Philips has filed or may file with the SEC. 14. Export Control You shall always observe the applicable provisions of national and international export control regulations and laws, as e.g. the export provisions of the Netherlands, the European Union and the United States of America. Prior to making any disclosure to third parties of the Content, software or any other information obtained via the App, you shall review and take suitable measures to ensure that (1) you will not violate any embargo or bans as such of the European Union, the United States of America and/or the United Nations – also in consideration of any restrictions on domestic transactions and any circumvention bans; or (2) such Content made available are not intended for use in prohibited or permit-requiring activities related to armaments, nuclear technology or weapons, unless any required permits will have been obtained; or (3) the rules of all relevant sanction lists as such of the European Union and the United States of America pertaining to commercial dealings with the companies, persons or organizations appearing on such lists are observed. You shall fully indemnify and hold Philips harmless for any claims asserted by government authorities or other third parties against Philips for non-compliance with the above-mentioned export control obligations by you. 15. Dispute Resolution These Terms of Use shall be governed by and construed in accordance with the laws of the state of The Netherlands. You agree to the non-exclusive jurisdiction of the courts in Amsterdam, The Netherlands for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this App, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Amsterdam, The Netherlands. 16. 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. 17. No Waiver No failure on the part of Philips to enforce any part of these Terms of Use shall constitute a waiver of any of Philips' 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 Philips nor the reliance of any person on Philips' actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Philips shall have any legal effect whatsoever. 18. 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. Last Update: August 31st 2016
Corporate Legal Department
Amstelplein 2, Breitner Center
PO Box 77900, Amsterdam
The Netherlands
Corporate Legal Department
Amsterdam, The Netherlands
+ 31 20 5977230
The preceding information is provided exclusively for notifying Philips that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.
If you have a dispute with one or more users, you release Philips, its subsidiaries, 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.
Thank you for downloading and using the App.
