Terms & conditions

Narva Terms of use

Last Update: April 24, 2017.

This website ("Web Site") and all its content, including but not limited to data, materials, information, text, images, graphics, photographs, trademarks, service marks, logos, designs, sounds, music and artwork contained on or available through this Web Site (collectively the "Content") is offered to you by Lumileds Germany GmbH (" Lumileds").

The following Terms of Use govern your access and use of this Web Site. In addition to these Terms of Use, specific terms and conditions may apply as indicated to specific 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 terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

1. Acceptance of Terms of Use

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 terms, you should NOT access or use this Web Site. If you do not agree to any additional specific terms which apply to particular Content (as indicated throughout the Web Site) or to particular transactions concluded through this Web Site, then you should NOT use the part of the Web Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

2. Modification of Terms

These Terms of Use may be amended by Lumileds at any time. Such amended Terms of Use shall be effective upon posting on this Web Site. 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 Lumileds web sites may have their own terms of use which apply to such web sites.

Lumileds 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. Lumileds 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.

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with our Privacy Statement and these Terms of Use are subject to the Privacy Statement as posted on this Web Site.

4. Disclaimers & LIMITATION OF LIABILITY

Although care has been taken to ensure the accuracy of the information on this Web Site, Lumileds assumes no responsibility therefor. Neither Lumileds nor its subsidiaries, affiliates, partners, licensors, brand licensees 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. ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". LUMILEDS HEREBY EXPRESSLY DISCLAIMS 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 THIS WEB SITE OR THE CONTENT. LUMILEDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEB SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. LUMILEDS DOES NOT WARRANT THAT THE WEB SITE OR THE SERVERS WHICH MAKE THIS WEB SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY LUMILEDS ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

IN NO EVENT SHALL LUMILEDS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, 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 LUMILEDS ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENT, EVEN IF LUMILEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST LUMILEDS PERTAINING TO OR IN CONNECTION WITH THIS WEB SITE MUST BE COMMENCED AND NOTIFIED TO LUMILEDS IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

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 information here.

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 material.

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 this Section 4, 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 greatest extent permitted by applicable law.

5. Third Party Content/Software

Lumileds provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement by Lumileds of the content of such web sites. Lumileds 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 provided by the Web Site or by a third party in accordance with the Terms of Use. 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. LUMILEDS 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.

6. Copyright and Trademarks

Copyright 2017 Lumileds Holding B.V. All rights reserved. The Web Site is protected by worldwide copyright laws, whether or not a copyright notice is present on the materials. All Content is owned by Lumileds Holding B.V., its affiliates or licensors and is protected by copyright, trademark and other proprietary rights laws. No right, title or interest in or to the Web Site or Content is transferred to you and all rights in Web Site and the Content not expressly granted herein are reserved. Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal, non-commercial, informational use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Lumileds is strictly prohibited.

“Lumileds” is a registered trademark of Lumileds Holding B.V. and its affiliates, and “Narva” is a registered trademark of Mitteldeutschen Warenzeichenverband NARVA e.V. (“Narva e.V.”). All trademarks, logos or product names displayed on this Web Site are owned or used under license by Lumileds Holding B.V. and its affiliates. Use of these names and trademarks requires express permission of Lumileds. The use of the names “Lumileds” and “Narva” as a reference is permitted, e.g. for a link to this Web Site. Lumileds. Lumileds may at any time revoke this permission. Nothing on this Web Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Web Site without the Lumileds prior written permission, except as otherwise described herein.

The registration of the LUMILEDS and NARVA names is exclusively reserved to Lumileds and Narva e.V. respectively and their affiliates. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Narva or Lumileds name or any name similar thereto or any name which consists of a part of the Narva or Lumileds name forms part nor shall it include any other registered trademark owned by the parties as stated in this Section 6.

7. Proprietary Rights in the Web Site

Any User Content sent through or in connection with this Web Site by you User Content will be treated as non-confidential and non-proprietary, and immediately become the property of Lumileds, subject to any privacy policies posted on this Web Site. Lumileds may use such User Content as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submission 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 Lumileds, its subsidiaries, affiliates, brand licensees, other 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.

8. U.S. Copyright Infringement Claims

We respect the intellectual property rights of others and request that you do the same. If you know or suspect that any of the materials on this Web Site (including but not limited to materials posted on the user forum) have been used or copied in a way that constitutes copyright infringement, please send notice to Lumileds' 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: Lumileds Holding B.V.

Per address of Lumileds Germany GmbH

Corporate Legal Department, IPG
Philipsstraße 8
52068 Aachen
Germany
Tel : +49 241 539-3030
Email address: mail
http://www.narva-light.com/

Executive board: Mircea Buzgar, Willi Thelen and Mark Beckers

Chairman of the supervisory board: Dr. Falk Meissner
Head office: Aachen
Registration court: Aachen
Registration No.: HRB 19283
VAT Reg.-No.: 201/5976/5333
VAT No.: DE285192805

The preceding information is provided exclusively for notifying Lumileds 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.

9. Indemnification and Release

You agree to indemnify and hold harmless Lumileds, its subsidiaries, affiliates, licensors, licensees, other 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 or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Lumileds reserves the right to reveal your identity and any other information Lumileds may have about you.

If you have a dispute with one or more users, you release Lumileds, 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.

10. 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 Site.

11. Narva Products

The Web Site may contain references to specific “Narva” branded 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 business contact for further information.

12. Data Protection

When using our services you may be asked to supply personal data. These are the name of the required file, date and time of requirement, duration of requirement, transferred data volume, access status, type of used web browser and inquiring domain. Providing this information is voluntary. Your personal data is used in strict accordance with European Data Protection laws and regulations. Personal data supplied on our website is used as part of the contract procedure and in order to process your requests.

13. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Ireland.

14. Severability

As provider of this website we are only responsible for own contents according to § 7 Abs. 1 Teledienstegesetz and § 6 Abs. 1 Mediendienste-Staatsvertrag. Despite considering all contents it cannot be excluded that some mistakes have occurred. We are not responsible and cannot be held liable for the content and activities of external links as we do not cause the information transfer, we do not choose the receiver of information transfer and we do not choose or change the transferred information (§ 9 Abs. 1 Teledienstegesetz and § 7 Abs.1 Mediendienste-Staatsvertrag).
 

If any provision of these Terms of Use is held to be invalid or unenforceable, then 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.

15. No Waiver

No failure on the part of Lumileds to enforce any part of these Terms of Use shall constitute a waiver of any of Lumileds' rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Lumileds nor the reliance of any person on Lumileds' actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Lumileds shall have any legal effect whatsoever.

16. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.