Thank you for your interest in Hue! This www.meethue.com website (“Web Site”) is offered to you by Philips Lighting B.V, Mathildelaan 1, 5611 BD, Eindhoven, The Netherlands ("Philips").
On this Web Site you will find information on Philips’ Hue products, consisting of Hue Lamps and a Hue bridge (“Product”), and you are able to create a Hue account (“Hue Account”). Philips also provides you with software that may be downloaded to your smartphone or tablet (“App”).
With a Hue Account the Web Site and App allows users of Products to enable the control of your Products via WIFI networks outside your home. You can:
o See the status of the lamps in your home;
oSynchronize your settings across multiple devices;
oRemotely manage the configuration of your system;
oBenefit from software updates
oAny other options the Product and App might offer you in the future, such as being able to inform you about your light usage.
To get the best performance out of Hue, we encourage you to create a Hue Account. This will enable you receive Product Software updates and control your lamps outside of your home. If you choose not to create a Hue Account, you may not be able to get the best performance out of your Product and you will not be able to control your lamps outside your home.
With your Hue Account, you can set scenes and apply the scenes in your home via the Web Site or App. These scenes may contain photo(s) you uploaded or publicly shared photo(s) of hue users. Your uploaded photo(s) and any other shall hereafter be referred to as “User Content”, as also defined further here below.
2. Modification of Terms
Philips reserves the right to discontinue or make changes or updates with respect to the Services or the Content of the Services at any time without notice. Philips reserves the right to restrict, refuse or terminate access of any person to Services or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE, THE APP AND PRODUCTSOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM 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 WEB SITE AND THE APP, THE CONTENT OR USER CONTENT. Neither Philips nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Services (including any information and materials on this Web Site or App) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
Once you create your Hue Account, you will be able to create User Content on the Web Site & App. You can decide to share you photos and scenes publicly. If you decide to share your photos and scenes publicly, you should have no expectation of confidentiality of that User Content. Philips is in no way responsible for the confidentiality of the publicly shared User Content. Do not submit confidential information here
Philips and its subsidiaries, 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 Services or the services which make this Web Site and App available or electronic communications sent by Philips are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Web Site or App 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/ account
Accessing certain areas of the Services and using certain functions or features of the Services may require you to register as a contributor. This registration is free of charge.
When you register, you must choose a unique user name or "handle" and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail 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. We reserve the right to change your username or delete your submitted content to the Services or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail. We may, at our own discretion, bar registration from any specific e-mail service or ISP. You represent and warrant that your use of the Services, by creating a Hue Account, does not violate any U.S. or other applicable law or regulation (e.g you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations).
6a. Access to Services
Philips grants you the right to use the Web Site and App solely for monitoring and controlling the Product installed in your own property on your own smart device. You are solely responsible for restricting access to your computer(s) or smart device(s) that can monitor and control the Product in your own property.
You acknowledge and agree that Hue Services, Product and Product Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by Philips, you agree not to access the Services through web sites, apps or other means that are not provided or approved by Hue. You affirm, represent and warrant not accessing the Services to upload, transmit or distribute any computer viruses, worms or any software intended to harm or change a computer or communication network, computer, smart device(s), the Services, the Product and the Product Software.
Philips reserves the right to limit the number of Hue Accounts that can be created from a device and the number of devices that can be associated with a Hue Account. The latest updated versions of required Product Software, Web Site and App are highly recommended to access the Services and may be required for certain functionality. You agree that meeting these requirements, which may change from time to time, is your responsibility. Philips reserves the rights to either temporarily or permanently modify or terminate the Services (or any part thereof). Philips may post on our website and/or will send an email to the address associated with your Hue Account to provide the notice of any material changes to the Services. It is your responsibility to check your email address associated with your account for such notices.
Certain components of the Product Software, Web Site and App may be subject to the GNU General Public License (“GPL”), “free software” licenses and other open source licenses (“Open Source Software”). In compliance with the GPL, Philips, its suppliers or its 3rd party licensors, upon with request, will make the source code of the software, together with its modifications (if any), available to the public in source code form. Nothing in these terms restricts your right to copy, modify and distribute such Open Source Software that is subject to the terms of the GPL.
To improve the performance of the Web Site and/or App, Philips may develop patches, bug fixes, updates, upgrades and other modifications “Updates”. You acknowledge and agree that Philips may update the Web Site, App and the Product Software without requiring any additional consent or action from you, and you give full consent to Philips to update the Web Site, App and the Product Software. If you do not want such Updates, your sole remedy is to cease using the Services altogether.
You agree that you will not directly or indirectly, export or re-export the Product Software to any country for which the United States Export Administration Act, or any similar United States law or regulation requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained. By using the Product and Product Software you agree to abide by this Export provision.
6b Product Software:
By submitting any User Content to the Services, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that:
• are false, inaccurate or misleading;
• are in breach of any applicable laws, regulations, licenses, or third party rights;
• are harmful, threatening, defamatory, infringing, harassing or racially or ethnically offensive;
• facilitate illegal activity;
• depict sexually explicit images;
• promote violence;
• are discriminatory based on race, gender, colour, religious belief, sexual orientation and/or disability;
• cause damage or injury to any person or property; or
• interfere in any way with the proper working of the Services and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the website, or surreptitiously intercept, access without authority or expropriate any system, information or personal data.
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 through the Services. You shall also not forge headers or manipulate identities or other data in order to disguise the origin of any Content and/or User Content transmitted through our Services or to manipulate your presence on the Services. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
You affirm, represent and warrant that the User Content submitted to the Services does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.
You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Services that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.
You hereby grant to Philips, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit, commercially exploit and publish User Content provided by you, on the Services or any other Philips web site or in other Philips marketing or public relations materials in any and all media.
You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Philips may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Philips, its subsidiaries, affiliates, partners, licensors and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Web Site and App.
Philips does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Philips expressly disclaims any and all liability in connection with User Content.
7. Limitation of Liability
IN NO EVENT SHALL PHILIPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, 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 WEB SITE, THE APP, THE PRODUCT, THE PRODUCT SOFTWARE, 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 DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE 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 extent required by applicable law.
8. Third Party Content/Software
Any software made available for downloading from or through this Web Site or 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.
You acknowledge and agree that the availability of Hue Services is dependent on your mobile device, your mobile device carrier, your computer, your internet service provider, your home wiring and other related equipment. When using Hue Services, Philips is in no way responsible for the fees charged by your mobile device carrier or your internet service provider; you shall be solely responsible for all fees charged by your internet service provider and mobile device carrier. You acknowledge and agree that you are responsible and in compliance with all policies and terms of services of your mobile device carrier and internet service provider.
9. Intellectual property rights
Copyright and all other proprietary rights in Content provided by Philips, its affiliates, subsidiaries and/or partners, in the Product, Products Software and Services, the software to operate and publish the Web Site and App, the compilation of data on the Web Site and App, and the order, sequence and arrangement of this Web Site and App, all belong to Koninklijke Philips Electronics N.V. and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.
10. Proprietary Rights in the Web Site
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 Web Site or App may be the subject of patents, copyrights, trademarks and other intellectual property rights of Philips, its subsidiaries, affiliates, partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site or App, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
11. U.S. Copyright Infringement Claims
If you know or suspect that any of the materials on this Web Site or App (including but not limited to materials posted on a forum) 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:
•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;
•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;
•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;
•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;
•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;
•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 Lighting B.V.
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.
12. Indemnification and Release
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.
13. Shut Down of Services
We have the sole right to shut down the Web Site or App 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 Light- Collector submitted to the Web Site or App.
14. 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. We caution 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 we have made about our strategy, estimates of sales growth, future EBITA and cost savings, future developments in our organic business as well as the benefit of future acquisitions, and our 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 our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products, our 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 our control. As a result, our 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 our documents filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) including in our 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 our behalf speak only as of the date they are made. We do 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. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the SEC.
15. Dispute Resolution
17. No Waiver
"THE PARTIES HEREBY IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING (INCLUDING ANY COUNTERCLAIM) OF ANY TYPE IN WHICH THEY ARE PARTIES AS TO ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT."
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