Terms of Use North America Kick Off Team Photo

Date: 26^th January 2021

North America Kick Off team photo is an application to engage and connect Philips team members by collecting photos of selfies with a personalized text that will come together in one big virtual team photo. The application allows you to upload one photograph of yourself and add personalized text. This photograph will be used with all other uploaded photographs to create a final visual – a team photo of all Philips NAM sales team members.

If you have any questions and/or comments please send them to ccoe@philips.com

North America Kick Off Team Photo is operated and provided to you by Noonah Marketing limited on behalf of Philips Electronics Nederland B.V.

Our privacy notice can be found here.

Your access and use of the Philips North America Kick Off team photo service is conditional to your acceptance of the following terms of service, hereafter referred to as “Terms”. Philips shall treat your access of the Philips North America Kick Off team photo website and your use of the Philips North America Kick Off team photo service as your acceptance of these Terms. By accessing the Philips North America Kick Off team photo website and/or using the Philips North America Kick Off team photo service you agree to be legally bound by the Terms.

Your activity on the Philips North America Kick Off team photo application is governed by the following requirements:

• Do not post confidential information.
• You are responsible for the material you post to Philips North America Kick Off team photo.

 

1. About the terms & conditions in general

• In order to use the Philips North America Kick Off team photo service, you must firstly agree to the Terms. You may not use the Philips Leadership team photo service if you do not accept the Terms.
• You can accept the Terms by clicking to accept and agree to the applicability of the Terms upon registration, where this option is made available to you by Philips North America Kick Off team photo in the user interface.
• Philips North America Kick Off team photo reserves the right to change these Terms at any time without prior notice. If you do not agree to Philips North America Kick Off team photo revised Terms, you should stop using the Philips North America Kick Off team photo Service.
• By using the Philips North America Kick Off team photo service you agree to comply with the Philips General Business Principlesand the Philips Social Media Guidelines

2. Who can register to the Philips North America Kick Off team photo service?

• All people with a personal example@philips.com Philips email address can register to the Philips North America Kick Off team photo service.

 

3. How can you use the Philips North America Kick Off team photo service?

• In order to access the Philips North America Kick Off team photo service, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Philips North America Kick Off team photo service, or as part of your continued use of the Philips North America Kick Off team photo service. You agree that any registration information you provide will be accurate, correct and up to date.
• You agree to use the Philips North America Kick Off team photo service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries) and including any guidelines or policies issues by Philips.
• You agree not to access (or attempt to access) the Philips North America Kick Off team photo service by any means other than through the interface that is provided by Philips North America Kick Off team photo.
• You agree that you are solely responsible for (and that Philips North America Kick Off team photo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Philips North America Kick Off team photo may suffer) of any such breach.
• Any data stored in the Philips North America Kick Off team photo service may not be reproduced, published, duplicated, copied, shared, exposed, linked to by any means to any system accessible by anyone who is not entitled to register to the Philips North America Kick Off team photo service.

4. You agree that you will not:

• use the Philips North America Kick Off team photo service to upload, display or otherwise transmit or communicate any material that is offensive, pornographic, an invasion of privacy, unlawful or otherwise contrary to public morality;
• upload any files that contains viruses, worms, bots, Trojan horses onto Philips North America Kick Off team photo;
• engage in any conduct that restricts or inhibits any other user from enjoying or using the Philips North America Kick Off team photo service;
• in any way damage, disable or attempt to gain unauthorized access to the Philips North America Kick Off team photo service through hacking, spoofing or other such means.

5. What terms and conditions apply to the content in the Philips North America Kick Off team photo service

• You understand that all information (such as data files, written text, photographs, videos or other images) which you may have access to as part of, or through your use of, the Philips North America Kick Off team photo service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
• Philips North America Kick Off team photo reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Philips North America Kick Off team photo service either manually or automatically.
• You understand that by using the Philips North America Kick Off team photo service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Philips North America Kick Off team photo service at your own risk.
• You agree that you are solely responsible for (and that Philips North America Kick Off team photo has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Philips North America Kick Off team photo service and for the consequences of your actions (including any loss or damage which Philips North America Kick Off team photo may suffer) by doing so.

6. What will happen when you end your relationship with Philips Leadership team photo?

• The Terms will continue to apply until terminated by either you or Philips North America Kick Off team photo as set out below.
• At any time, you may terminate your agreement with Philips for the use of Philips North America Kick Off team photo, you may do so by
  • notifying Philips by sending an email to ccoe@philips.com or;
• Philips may at any time, terminate its agreement with you if:
  • you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  • Philips is required to do so by law (for example, where the provision of the Philips North America Kick Off team photo to you is, or becomes, unlawful); or
  • The agreement between Philips and Noonah Marketing limited, the partner who offers Philips North America Kick Off team photo to you on behalf of Philips, has been terminated; or
  • are no longer employed by Philips and have no longer possession of a example@philips.com email address.
• To permanently delete your account details and any files or other content which is contained in your account, you must place a request via email to ccoe@philips.com

 

7. In what way is Philips’ Liability limited when you make use of the Philips North America Kick Off team photo service?

• Except for your statutory rights with respect to product liability claims, Philips will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising out or relating to your use of Philips North America Kick Off team photo, whether or not such loss or damages are based on tort (including negligence), breach of contract, warranty or otherwise.
• Philips shall not be liable to you for any damages that result from the use of electronic means of communication, including but not limited to damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
• The Philips North America Kick Off team photo service is offered to you on a “as is” basis, Philips provides no warranty on availability, accessibility, performance and functionality of the Philips North America Kick Off team photo service whatsoever.

11. What Copyright policy applies when you make use of the Philips North America Kick Off team photo service?

• All patents, copyrights, trademarks, trade secrets, and other intellectual property rights in the Philips North America Kick Off team photo its service, software and website are vested in Philips or its licensors. You may only use these intellectual property rights in the course of your use of Philips North America Kick Off team photo. Any other use is prohibited without the express written consent of Philips.
• You are responsible for making sure your Content does not infringe other people’s intellectual property rights (Intellectual property rights means copyright, patent, registered design, design right, trade mark, trade secret), and that it is not abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information).
• In order to cooperate with and protect intellectual property right owners, Philips implements the following notice take down system:
  • o In case you find content on Philips North America Kick Off team photo which you think is inappropriate or might infringe your or others intellectual property rights, please notify us ccoe@philips.com;

 

• • o In the email please indicate the allegedly infringing content, a statement on why you believe that the content is not authorized by the copyright holder;
  • o After having received your email, Philips will investigate the matter and will contact you within 5 days to inform you about its findings.
  • o If Philips deems the content to be infringing the content shall be deleted from Philips North America Kick Off team photo within 5 days, counted from the day Philips firstly received the notice.
  • o You acknowledge that if you fail to send an infringement notification email to Philips, the content on Philips North America Kick Off team photo shall not in any way infringe your intellectual copyrights.

12. What other general legal terms apply when you make use of the Philips North America Kick Off team photo service?

• The Terms constitute the whole legal agreement between you and Philips regarding the subject matter thereof.
• You agree that Philips may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Philips North America Kick Off team photo.
• You agree that if Philips does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Philips has the benefit of under any applicable law), this will not be taken to be a formal waiver of Philips’s rights and that those rights or remedies will still be available to Philips.
• If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
• You acknowledge and agree that each member of the group of companies of which Philips is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be a third-party beneficiary of the Terms.
• The Terms and your relationship with Philips here under shall be governed by the laws of The Netherlands. You and Philips agree to submit to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands to resolve any legal matter arising from your use of Philips North America Kick Off team photo. In addition, Philips retains the right at its sole discretion to submit any claims in other jurisdictions.

13. Who can you contact?

• When you want to contact Philips about Philips Leadership team photo, you can send an e-mail to ccoe@philips.com.