VERSION: April 2018
Thank you for your interest in the My Modular “Web Application”. This Web Application is offered to you by PITS NV, a Belgian limited liability company, with registered office at Tweestationsstraat 80, 1070 Brussels, Belgium, hereby acting through its division Modular Lighting Instruments having its principal office at Armoedestraat 71, B-8800 Roeselare, Belgium ("Modular").
Applicability: Please note that your right to use and interact with this Web Application is subject to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE WEB APPLICATION. These Terms of Use and all terms, policies and guidelines incorporated by reference in these Terms of Use will remain in full force and effect so long as you continue to use or access the Web Application, or until terminated earlier in accordance with the provisions of these Terms of Use. Any use or access to the Web Application by anyone under the age of 18 is strictly prohibited and is a violation of these Terms of Use. By continuing access to this Web Application you acknowledge that you have read all of its terms, and that you understand and agree to be bound by these Terms of Use. These Terms of Use only governs the use of Web Application and in no way affects or overrides any other contract that you have with Modular or its Affiliates with regards to products or services.
Scope of the Web Application: My Modular offers you access to a variety of applications. Upon confirmation of registration, users get immediate access to a library of product and project photography. Depending on the user’s profile and access rights, users are granted access to product related assets, after sales issue registration and more.
Privacy: Privacy of our end users is important to us, please read the privacy notice provided separately to you in this Web Application carefully.
Access and registration: Accessing and using the Web Application requires you to register as a user. When you apply for a user account, you need to provide your valid, current and verifiable email address, which will become your user name. 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 asked to choose another one. When registering for an account, you also need to submit your personal password. You have the possibility to change the password via http://my.supermodular.com/settings. 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 are solely responsible for maintaining the confidentiality of your user account, user name and password. The user account, login name and password is strictly for you and it is not allowed to share the foregoing details with anyone else. You are also solely responsible for restricting access to your computer(s) or mobile device(s) with which you access the Web Application. 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. We may, at our own discretion, bar registration from any specific e-mail service or internet Service provider ( ISP). We reserve the right to change your username or delete your submitted content to the Web Application or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper.
Third Party Services and Open Source Software: When you use the Web Application you may (as a result of, or through your use of the Web Application) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. If the Web Application contains third party software component or an open source software component, then the use of such software or component shall be subject to the terms of use of such third party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the Web Application in any manner that would subject the Web Application to Open Source Terms. "Open Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party.
Amendments: These Terms of Use may be amended by Modular at any time. By continuing to access or use the Web Application after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any.
Affiliates: For purposes of these Terms of Use, the term “Affiliate” means Philips Lighting N.V. and any and all companies, firms and legal entities with respect to which now or hereafter Philips Lighting N.V. directly or indirectly holds 50% or more of the nominal value of the issued share capital or ownership interest and/or 50% or more of the voting power at general meetings and/or has the power to appoint a majority of directors and/or to otherwise direct their activities and such other companies, firms or legal entities as may be appointed by Philips Lighting N.V..
License grant: Modular grants you a non-exclusive, non-transferable, revocable and limited license solely to access the Web Application, to download and use the Web Application’s software and service within the Scope, and to access the content made available by the Web Application (“Content”) according to these Terms of Use.
Restrictions: You agree to (a) not use the Web Application in violation of any laws, regulation or court order, or for any unlawful or abusive purpose or in violation of these Terms of Use; (b) use the Web Application only as intended by Modular; (c) not use the Web Application in any manner that could harm Modular, its service providers, or any other person; (d) not to republish, reproduce, distribute, display, post or transmit any part of the Web Application or modify or adapt the Web Application or merge the Web Application into another program or create derivative works based upon the Web Application ; (e) not perform an action with the intent of introducing to the Web Application viruses, worms, defects, Trojan horses, malware or any items of a destructive nature or disabling the Web Application or other end users’ devices; (f) not to circumvent or attempt to tamper with the security settings of Web Application ; (g) not to reverse engineer, decompile, or disassemble the Web Application , except to the extent that applicable law expressly prohibits the foregoing restriction; (h) comply with any other reasonable requirements or restrictions requested or imposed by Modular; (i) not publish and/or post any abusive, obscene or inappropriate content on the Web Application ; and (j) not permit others to do any of the foregoing restricted acts. You assume full responsibility for the legal and responsible use of the Web Application.
Upgrades, updates: Modular may, at its sole option, make upgrades or updates to the Web Application for seamless service, and may do so remotely without notifying you. Updates, upgrades or changes are subject to these Terms of Use, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern such upgrades and changes. If you do not want such updates or upgrades, your sole remedy is to cease using the Web Application altogether. Your continued use of the Web Application implies deemed acceptance of such updates and upgrades by you.
Support: For any questions and support with regards to the Web Application , please contact your local Modular organization which can be found at [http://www.supermodular.com/en/company/contact/]
Confidentiality: This Web Application, including any information and materials or content on or in the Web Application (“Information”) are all confidential information of Modular. You shall not discuss, exchange, share, disclose and/or otherwise make the information available with and/or to any party other than Modular and/or its Affiliates without Modular’s prior written approval. You shall not use the information for any purpose and/or use other than as herewith licensed by Modular to you under these Terms of Use.
User content: If you create or upload content on the Web Application (“User Content”), you can decide what you will publicly share on our Web Application and we want you and others to enjoy our Web Application. So please don’t use our Web Application in a way that is commonly considered inappropriate (such as obscene, violating laws and regulations, offensive, discriminatory or that infringe someone else’s rights).
Disclaimer of Warranties: THE WEB APPLICATION, THE CONTENT AND USER GENERATED CONTENT (INCLUDING WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. MODULAR AND ITS AFFILIATES, PARTNERS, LICENSORS AND/OR SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY WEB SITE AND THE WEB APPLICATION, THE CONTENT OR USER GENERATED CONTENT. NEITHER MODULAR NOR ITS AFFILIATES, PARTNERS, LICENSORS AND/OR SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE WEB APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB APPLICATION (INCLUDING ANY INFORMATION AND MATERIALS, TOOLS OR CONTENT ON OR IN THE WEB APPLICATION ) WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL MODULAR, OR ITS AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO THE WEB APPLICATION OR CONTENT, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION; LOSS OF CONTENT PROVIDED BY YOU) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR YOUR USE OF THE WEB APPLICATION WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, MODULAR OR ITS AFFILIATES’ OR IT’S LICENSORS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE WEB APPLICATION OR CONTENT OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE WEB APPLICATION OR FIFTY EUROS (50€) WHICHEVER IS HIGHER.
Your Indemnity: You agree to indemnify and hold harmless Modular, its affiliates, licensors, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damage, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of or are related to the posting, content, or transmission of any message, data, material or any other content or information you submit on the Web Application or any violation of these Terms of Use by you or a third party or person acting on your behalf.
Ownership: Copyrights and all other intellectual property rights in the Web Application and the Content provided by Modular, its affiliates, licensors, and/or partners, the compilation of data on the Web Application , and the order, sequence and arrangement of this Web Application , are solely owned by Philips Lighting Holding B.V. and / or its Affiliates, partners or licensors. All rights are reserved. You may not use the Content and the Web Application other than expressly permitted in these Terms of Use. Modular Lighting Instruments and its Affiliates or its licensors retain ownership of all its rights in Content and in and to the Web Application, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Modular Lighting Instruments intellectual property.
Usage Data: You acknowledge and agree that Modular may collect information and data generated from your use of the Web Application (“Usage Data”). Modular shall ensure that the use of Usage Data will exclude any personal data. Modular is entitled to use the Usage Data, free of charge, at any time during the term of these Terms of Use and afterwards, in its sole discretion for any purposes whatsoever, including but not limited to, to aggregate or compile Usage Data with other data, create IPR or derivative works of or modify or adapt Usage Data to provide, maintain, and improve products and services, and to develop new products or features or services.
Feedback: Modular will be free to use in any way or from any ideas, suggestions, feedback or recommendations provided by you to Modular regarding the Web Application ("Feedback"), without payment of royalties or other consideration to you. Feedback will be considered confidential information of Modular. You acknowledge and agree that Modular will own all rights in Feedback including without limitation intellectual property rights and will be free to use such Feedback for any purpose whatsoever in its sole discretion without any further obligation or liability to you or any third party. If required you will cooperate and assign all rights and title in the Feedback to Modular irrevocably and free of charge.
Termination: All rights granted to you under these Terms of Use shall terminate with or without notice (i) at the discretion of Modular, due to your failure to comply with any provision of these Terms of Use or applicable law; or (ii) if any fee charged by Philips Lighting for continued use is not paid in due time; or (iii) upon destruction of your installed copy of the Web Application. Upon termination of such rights you shall not access or use the Web Application in any manner. Modular’s rights and your obligations shall survive the termination of your rights.
Jurisdiction: These Terms of Use shall be construed, interrupted and governed by the laws of Belgium without regard to conflicts of laws principles. Any litigation arising from or relating to these Terms of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Brussels, however, Modular may enforce any of its or its Affiliates’ rights and your obligations under these Terms of Use and any of its or their intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and accept the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts.
Miscellaneous: You will not export or re-export any Content, the Web Application or any part of thereof. These Terms of Use shall constitute the entire agreement between you and Modular with respect to its subject matter. Failure by Modular to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, then that determination will not affect the continued validity, legality, enforceability, and effectiveness of the remaining provisions of these Terms of Use.