15. Safe Harbor' Statement under the Private Securities Litigation Reform Act of
16. Dispute Resolution
18. No Waiver
This website J-Production is offered to you by J-Production.nl , Den Haag, The Netherlands
terms and conditions may apply to specific content, data, materials, or information
contained on or available through this Web Site (the "Content") and to specific content,
data, materials, or information you may upload, submit and/or publish to the Web
Site (“User Content”) or transactions concluded through this Web Site. Such specific
By accessing or using this Web Site 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 Web Site. If you do NOT agree to all of these
2. Modification of Terms
of Use shall be effective upon posting. By continuing to access or use the Web Site
after such posting, you will be deemed to have accepted such amendments. You are
advised to regularly review any applicable terms and conditions. Other J-Production
J-Production reserves the right to discontinue or make changes or updates with respect
to the Web Site or the Content of the Web Site at any time without notice. Philips
reserves the right to restrict, refuse or terminate access of any person to the Web
Site or any part thereof effective immediately without notice at any time and for
any reason whatsoever at its sole discretion.
Personal information provided or collected through or in connection with this Web
ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS,
LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE".
J-PRODUCTION 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, THE CONTENT OR USER CONTENT.
Neither J-Production nor its subsidiaries, affiliates, partners, licensors and suppliers
warrants or makes any representations that (i) the Web Site will meet your requirements,
(ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii)
the results that may be obtained from the use of the Web Site (including any information
and materials on this Web Site) will be correct, complete, accurate, reliable, or
otherwise meet your requirements.
This is a public web site. You should have no expectation of confidentiality with
respect to any User Content you may submit on this Web Site. Do not submit confidential
J-Production 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 Web Site or the services which make this Web
Site 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 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
Accessing certain areas of the Web Site and using certain functions or features of
the Web Site may require you to register as a contributor. This registration is free
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 Web Site 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.
By submitting any User Content to the Web Site, 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 (1) may
be defamatory or injurious to another person or entity, (2) may cause harm to any
person or property or otherwise defame or harass any person or organization, (3)
may violate any legal rights of any person (including right to privacy or publicity),
(4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are
culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any
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 Web Site. 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 Web Site or
to manipulate your presence on the Web Site. 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 Web Site
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 Web Site 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 J-Production , 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 and publish User Content provided by you, on this Web Site or any
other Philips web site or in other J-Production 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. J-Production 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, J-Production , 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.
J-Production 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.
J-Production has the sole right and ability to edit and/or remove messages or any
other User Content which are objectionable, improper or otherwise in breach of these
discretion. Any user who believes that submitted User Content is objectionable or
improper is encouraged to contact Philips immediately by e-mail at www.philips.com/siteowner.
Upon receipt of such notification, we will make reasonable efforts to take such action
as we deem necessary within a reasonable period of time. Since this is a manual process,
you are advised that we may not be able to remove or edit particular 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 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
Philips is in no way responsible for the content of any site owned by a third party
that may be linked to the Web Site via hyperlink, whether or not such hyperlink is
Any link on our Web Site 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 Web Site may link, and we take
no responsibility therefor.
Any software made available for downloading from or through this Web Site 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 Content provided by Philips, its affiliates,
subsidiaries and/or partners, the software to operate and publish the Web Site, the
compilation of data on the Web Site, and the order, sequence and arrangement of this
Web Site, 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.
PHILIPS is a registered trademark of Koninklijke Philips Electronics.N.V.
PHILIPS and all other registered trademarks of Koninklijke Philips Electronics 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 our
company’ products and services. Find more information at www.ip.philips.com.
The use and registration of the PHILIPS name is exclusively reserved to our company.
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 Electronics
10. Proprietary Rights in the Web Site
This Web Site 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 Web Site
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, 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 (including but
not limited to materials posted on the 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
* 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
By Mail: Philips International B.V.,
Corporate Legal Department
PO Box 77900
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
You agree to indemnify and hold harmless Philips, its subsidiaries, affiliates, 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 Web Site
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.
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 Site
We have the sole right to shut down the Web Site 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 Web
14. Philips Products
Philips provides information regarding products and third-party merchants, and links
to third-party merchants that are selling listed products. Philips and its affiliates
attempt to be as accurate as possible. However, Philips does not warrant that product
descriptions or other content of this site is accurate, complete, reliable, current,
or error-free. The Web Site 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.
Sales prices indicated on the website are the recommended sales prices by the manufacturer
including VAT. The purchase of any products through this site will be subject to
the additional terms of purchase, which appear on the relevant page. Please note
these may be the terms of purchase of a third party if you have linked to their site.
Philips may provide links to the sites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or the content of their
Web sites. Philips does not assume any responsibility or liability for the actions,
product, and content of all these and any other third parties. You should carefully
review their privacy statements and other conditions of use.
15. Safe Harbor' Statement under the Private Securities Litigation Reform Act of
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.
16. Dispute Resolution
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
Web Site, 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.
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.
18. No Waiver
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
signed by an authorized representative of Philips shall have any legal effect whatsoever.
"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."
and shall not constitute a part hereof or affect in any way the meaning or interpretation