TERMS AND CONDITIONS OF USE PANASONIC TV SKILL/ACTION SERVICE

Article 1 Agreement to the Terms

These TERMS AND CONDITIONS OF USE (as amended from time to time), the PRIVACY POLICY and the COOKIE POLICY (available at the web site “https://www.tvpa.panasonic.com/”), (collectively, “Terms”) define the terms and conditions applicable to any individual (“you”) that uses or accesses Panasonic TV Skill or Panasonic TV Action services that are operated and provided by Panasonic Entertainment & Communication Co., Ltd. with the address at 1-10-12, Yagumo-higashi-machi, Moriguchi City, Osaka 570-0021, Japan (including its Affiliate collectively“we”or “Panasonic”)for Panasonic-branded consumer audio and visual products (the “Services”).

These Services may be used by you or by other people in your home. If other people in your home want to use the Services, you must tell them before they use the Services of these Terms and obtain their acceptance to these Terms. You are deemed to accept the Terms each time you access and/or use the Service. You may terminate these Terms at any time by stopping your use of the Services and disabling the Skill and/or Action from the applicable device.

Article 2 Minimum Age Requirements

You must be 16 years or older to use these Services. If you are 16 or older but under the age of 18 (a “minor”), you must read these Terms with your parent or guardian to make sure that both you and your parent or guardian understand it. Your parent or guardian must accept these Terms on your behalf before allowing you to access the Services and they must supervise your use of the Services to ensure you are complying with these Terms.

Some applications, services or content provided by people other than us or our Affiliates (“Third Party” and “Third Party Applications”) are available through the Services and may be intended for children under 16. If any children under 16 use those Third Party Applications their parent or guardian must supervise their use of those Third Party Applications at all times.

Article 3 Changes to the Terms

We may change these Terms from time to time for one or more of the following reasons:

1. (a) if the change is favorable to you;
2. (b) if we need to make the change for legal or regulatory reasons;
3. (c) to reflect changes that we make to the systems and infrastructure that are used in connection with the Services;
4. (d) to change, modify, improve, update or add functions to the Services, to offer you new Services, or to remove one or more service(s) from the Services (although the provisions of Article 7 will override this where it is different to what is set out here);
5. (e) to increase the security of the Services, which may require you to agree with new or different procedures;
6. (f) to reflect our organizational changes; or
7. (g) for any other reason we consider is valid and necessary.

When we modify these Terms we will notify you by means of a pop up window on the application. If you accept the amended Terms, you will need to click to accept the amended Terms before you can continue to use the Services. If you do not accept the amended Terms you will not be able to use the Services and you must immediately stop using the Services and disable the Skill and/or Action from the applicable device.

Article 4 Your use of Services

1. You are, at your own cost and expense, responsible for setting-up, installing and maintaining the internet environment necessary for the audio and visual Products, other devices (including any Amazon or Google device or Panasonic TV) and/or terminal in order to use the Services.

2. There may be situations where you have to agree to other terms for your usage of the whole or a part of the Services (“Rules”). If this is the case you may use the Services only after you have agreed to the Rules. If there is any conflict between the Terms and Rules, the Rules will prevail unless otherwise agreed by you and us.

3. When you upload, share, or make public any content, you will be responsible for all that content and you must make sure that you own the right to do so.

4. To use certain Services and features (for example, to use the remote viewing and recording function in Media Center Application), you will need to register with Panasonic and obtain a Panasonic ID. The additional terms applying to the Panasonic ID are set out at the following URL (https://csapl.pcpf.panasonic.com/Agreement/ShowDocuments?docId=pf00010001) and (https://csapl.pcpf.panasonic.com/Agreement/ShowDocuments?docId=pf00010002).

Article 5 Third Party Services and/or Applications

Third Party Applications are available through the Services. Even though we may include Third Party Applications in the Services that does not mean that we endorse or sponsor those applications or Third Parties.

If you use Third Party Applications, you do so at your own risk and your use is subject to any terms agreed between you and the Third Party.

We do not control and are not responsible or liable for any Third Party Applications or any content, advertising or other materials on or available from or provided by Third Party Applications, including any damages or losses caused by those Third Party Applications. We make no promises about any Third Party Applications or the information appearing on any Third Party Applications or any of the products or services described on any Third Party Applications.

Article 6 Suspension of the Services by us

We may temporarily stop the Services without telling you in advance where:

1. (1) it is necessary to conduct regular or emergency maintenance of equipment etc. related to the provision of the Services;
2. (2) there is a fire, outage, natural disaster or other event outside our control that prevents us from providing the Services;
3. (3) the service of the network service provider is suspended for any reason;
4. (4) we deem it necessary to temporarily stop the Services for managerial, operational, or technical reasons; or
5. (5) we have amended these Terms and you have not accepted the amended Terms.

Article 7 Service change, discontinuation and transfer by us

1. We may change, add, suspend or terminate the whole or a part of the Services and its contents, and may make changes, additions to usage conditions of the Services for the purpose of, including, but not limited to, Service-related maintenance or construction work without telling you in advance.

2. We may stop the whole or a part of the Services without telling you in advance to perform maintenance of, or changes to, the Services.

3. We may transfer or hand over the whole or a part of our rights and obligations under these Terms to a third party by making a reasonable prior announcement on the Panasonic TV service web site “https://www.tvpa.panasonic.com/” to let you know about that transfer. If we do this, you can choose to end this agreement by stopping your use of the Services and deleting the Skill / Action from your applicable device. If you do this you will not be able to use the Services.

Article 8 Our responsibility to you

1. The Services are provided “as is” without warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or Services included in or otherwise available through the Services. This means that:

• the Services may not be available all the time, or uninterrupted or error-free;
• we may not correct defects and we do not promise that the Services are free of viruses or other things that may harm your device; and
• the information or content provided by us may not be accurate, correct, timely, reliable or complete.

You should regularly back up any content you store using the Services.

2. We are not responsible:

• for the actions, contents, information, or data of any third parties;
• for any errors, inaccuracies, omissions, or other defects in, or untimeliness or absence of authenticity of, the information contained within the Services, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby;
• for direct losses more than US$500(except those direct losses which are a result of our deliberate breach of these terms or a serious act of negligence by us); or
• for losses that are incidental, special, indirect or consequential (for example losses that couldn’t reasonably have been foreseen or wouldn't usually result from the act or omission), this includes damages for loss of profits, loss of data, business interruption or any other commercial damages or losses related to your use or inability to use the Services.

3. Despite the provisions above, we are responsible if our negligence causes death or injury, for our fraud or for any other liability which cannot be excluded or limited under applicable law.

Article 9 Fees

You may need to pay a fee to access certain services provided by a Third Party. Different terms will apply to your payment of those fees and the Third Party will notify you separately of those terms. We are not any responsible or liable for those Third Party services.

Article 10 Copyright etc.

Copyright, trade mark rights, and other intellectual property rights in the Services and information provided by us in connection with the Services are vested in us or other rights holders from who we have obtained licenses to use such information in connection with the Services.

We need to use content and information that you upload or otherwise submit to us in order to provide any Services to you. In this regard, you agree to grant us a worldwide, assignable, irrevocable, royalty-free license, with the right to sub-license, to use all content and information provided by you to us for the purposes of providing any services by us.

Article 11 Things you must not do

When you use the Services you must not do anything:

1. (1) that infringes or may infringe intellectual property rights (including copyright, design right, trade mark right, etc.) or other rights of any third party;
2. (2) that infringes or may infringe any person's privacy or portrait right;
3. (3) that harms or offends another person – this may include insulting, misleading, discriminating or defaming another person (for example damaging people’s reputations;
4. (4) that are criminal acts (for example fraud, interference with another person's right, hate speech, breaking privacy law), or that encourages or leads to criminal acts;
5. (5) that sends, posts or promotes any pictures or documents that are indecent or constitutes child pornography or child abuse;
6. (6) that we deem against public order and morals or that infringes substantially the rights of another person;
7. (7) that interferes with the operation of the Services we provide;
8. (8) that use the Services for profit-making purposes (for example charging others for our Services); or
9. (9) that we deem improper (acting reasonably), for example something that would harm our reputation.

Article 12 Non assignment of rights

You may not transfer to a third party all or part of your membership, your right to use the Services, or any other rights and obligations you have under these Terms.

Article 13 When we may stop providing you the Services or cancel your membership

We may immediately stop providing the Services to you or cancel your membership if you:

1. (1) have done any of the acts prohibited in paragraphs (1) to (8) of Article 11; or
2. (2) are not complying with or have not complied with any important or significant Terms.

We may, on reasonable notice, stop providing the Services to you or cancel your membership if you do not comply with any of these Terms, which may include doing an act prohibited in paragraph (9) of Article 11.

Article 14 Governing law

These Terms are governed by English law.

Article 15 Disagreements and Disputes

We will try and solve any disagreements with you quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

Article 16 Non-English Translation

Where we have provided you with a translation of the English language version of the Terms, to the extent permitted by applicable law, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with us. If there is any contradiction between the English language version of the Terms and its translation, to the extent permitted by applicable law, the English language version shall apply.