Panasonic IPTV Apps DEVELOPERS Terms & Conditions
This agreement is with Accedo Partner Programs AB ("APPAB"), a Swedish Corporation, and you agree that your relationship with APPAB will be governed by the laws of Sweden.
APPAB reserves the right to modify the Agreement and other guidelines, terms and/or conditions posted on the Panasonic IPTV Apps DEVELOPERS (http://developer.vieraconnect.com) from time to time at its sole discretion. APPAB may require You to provide consent to such modifications in a specified manner before further use of the Panasonic IPTV Apps DEVELOPERS is permitted. Otherwise, Your continued use of Panasonic IPTV Apps DEVELOPERS constitutes Your acceptance of the modifications.
Terms and Conditions of use
“Services” means any functions, facilities, information, promotions or other services available through this Portal relating to Panasonic IPTV Apps Platform including downloading of SDK, tools, and documentations for developing Panasonic IPTV applications and media contents.
“User” means any person or company who accesses or uses the Portal with APPAB’s authorization after registering on the Panasonic IPTV Apps DEVELOPERS.
“Portal” means the Panasonic IPTV Apps DEVELOPERS.
"APPAB Payment Processor" means APPAB’s third party payment processor which may require User to enter into separate direct payment processor agreements and provide certain additional information. As of the Effective Date, the APPAB Payment Processor is PayPal. APPAB reserves the right to change or add third party payment processors from time to time in APPAB’s sole discretion and without notice.
"Intellectual Property Rights" means all existing and future worldwide copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, contract rights and other proprietary rights.
"SDK" means the software development kit and development tools (in object code format), including any Panasonic Licensing Technology, APIs, and Documentation included therewith, which is licensed under the Panasonic IPTV Apps Platform License Agreement and which can be found on the Portal.
2.Use of Portal
Authorized access to the Services requires registration on the Portal subject to acknowledgement and acceptance of these Terms. Some Services may be subject to additional conditions which the User will be directed to on the Portal. Once APPAB accepts a registration, the User may log into the Services of the Portal using the registered user ID and password.
The Portal may contain discussion board(s) or other forms of communication broadcasting. When the User uploads any kind of post, information, material, etc (“User Content”), it can be displayed on the Portal without confirmation of APPAB. APPAB further requires the User to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the Portal. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for User submissions of photos or videos to the Portal. In cases where, any posts including messages, articles or images are considered to be inappropriate, such posts may be removed from the Portal by APPAB at any time and without prior notice. APPAB reserves the right to delete or remove any messages or articles posted by the User at any time without prior notice. The views or comments made in discussion boards do not reflect the views of APPAB.
APPAB reserves the right to terminate a User account at any time without prior notice should a User misuse the Portal or Services, or use the Portal or Services in an unlawful, abusive manner or any other manner that APPAB deems to be inappropriate or offensive. For the avoidance of doubt, Users are expressly prohibited from using the Portal or Services in any way that exploits or profits from the Services, including without limitation selling the Services on to third parties for any profit or commercial gain.
APPAB may make improvements or changes to the Portal or Services and/or any other Portal content at any time without notice. Users who access the Portal after these changes have been made are bound by such changes. APPAB may cease the existence of this Portal at any time on notice to Users.
References to third parties and third party products in any materials, advertising, promotions, or coupons provided to Users are for informational purposes only and constitute neither an endorsement nor a recommendation on such parties or products by APPAB. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and APPAB shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
By downloading and/or using any software or tool available through Services, the User agrees to enter into and also be bound by the terms and conditions set forth in a standalone separate Panasonic IPTV Apps Platform License Agreement. However, certain software provided by APPAB to a User through the Services may be accompanied by its own licensing terms, in which case such licensing terms will govern User’s use of the particular software and in such case the term and conditions of APPAB End User Software Agreement shall not apply.
3.Duties of the User
The User undertakes to submit true, correct, current and complete information required for registration. Any false identification or e-mail address or otherwise misleading information about User identity is strictly forbidden. Use of the Services by using User name and/or password is assumed by APPAB to be made by User and thus User is personally responsible for such use. If the information provided by User changes, the User will inform the webmaster immediately at the email address provided on the Portal. If APPAB believes that the information provided by the User is not correct, it may at its sole discretion refuse the User’s access to the Portal.
The User shall be responsible for any claim, damage or loss resulting from any negligence or unrighteous use of its user ID and password. APPAB will only be responsible where an issue arises out of a malfunction by APPAB’s system.
The User agrees to take reasonable measures and all due care to protect its password and username against misuse by third parties and should keep his/her own user ID and password confidential and should not disclose them to any third person. Where a User recognizes or suspects that his/her user ID or password is stolen and that a third person is using the User’s user ID or password, the User should inform APPAB as soon as possible and follow the APPAB procedures provided to the User at the time.
A User’s user ID cannot be changed without APPAB’s prior consent.
Access to all Services is available only to authorized Users. All registered users using this Portal must comply with these Terms and Conditions, and any applicable laws.
By using this Portal through downloading, uploading or browsing, the User agrees to not reproduce, duplicate, copy, sell, trade, exploit, transmit, modify, decrypt, disassemble, decompile, reverse engineer or republish any information for commercial use. Users may download or print one copy of any and all of the materials for personal, non-commercial and lawful use, provided they do not modify or alter the materials in any way, nor delete or change any of the materials or the intellectual property rights subsisting in them. User agrees that the Portal and benefits that might be included in the Services are available for User’s personal use only, and Users are not allowed to sell or in any other way transfer these benefits to any third parties.
Upon such submission of any User Content to the Portal, User shall grant to APPAB and its affiliates and sub licensors, a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, transferable and fully sub licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, create modifications of, enhancements to, derived from or based upon the User Content (“Derivative Works”), distribute, and display such content or any concept described in any media, product and/or service, without compensation unless agreed otherwise by separate agreement between APPAB and the User, restrictions on use, acknowledgment of source, accountability, or liability, and with waiver of all moral rights and rights of attribution, integrity, and identity. User further agrees that any document, to which User may have contributed, may be locked at any time by APPAB at its sole discretion after which the User can not make any modifications or alterations thereto. When other Users of the Portal access or download User Content, the User also grants to such other users a perpetual, worldwide, royalty-free and non-exclusive license to use such User Content for their personal and non-commercial use.
By submitting User Content to the Portal and using the Site, a User agrees, represents and warrants:
A. To be solely responsible for all the User Content that is uploaded onto the Portal including but not limited to certifying that they own all intellectual property rights therein;
B. That the User Content is not defamatory, illegal, offensive, abusive, libelous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages illegal activity, criminal offence or civil liability or any material that may conflict with applicable laws. In such an event, APPAB retains the discretion to prohibit the uploading of any such information (including choice of user ID) that it considers as being inappropriate as aforesaid and APPAB further retains the right to delete such material and to terminate a User’s access to relevant Portal content without notice or reason;
D. The User Content submitted does not contain a virus, Trojan horse, sniffer, routines, backdoors, robots, spiders, worms, time bombs, bots, or any other harmful software code, file, program or programming routine or other contaminating or destructive features;
E. That the User shall not submit any advertisements or solicitations of business;
F. That the User Content submitted does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others;
G. That the User shall not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, junk mail, spam, pyramid schemes or any other solicitations or communications, including without limitation spamming APPAB or other users of the Portal, or use or collect other users' e-mail addresses or phone numbers, or other users' information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to APPAB’s or any Portal visitor's computer system;
H. That the User shall not send any such messages through the Portal to any other user, or to APPAB that contain vulgar, abusive, or otherwise inappropriate language.
I. That the User shall not take action against APPAB in relation to User Content submitted and the User Content submitted shall not cause injury or harm to any persons or entities.
A User agrees to irrevocably indemnify APPAB and its related bodies corporate and all of its officers, directors, employees, agents, information providers, affiliates, partners and licensors from and against any and all liability, losses, costs and expenses (including legal fees) incurred by APPAB in connection with any claim by a third party arising from the a) User’s use of the Portal and any breach of the Terms; b) User’s infringement or violation of any intellectual property, other rights or privacy of a third party; c) and in particular any and all claims and damages of whatsoever nature arising from the injury or death of any person or persons and/or damage to or loss of property, arising out of or attributable, whether directly or indirectly, to the conduct, operations or performance of the User in respect of the Portal.
4.Intellectual Property Rights
All material including without limitation, text, graphics, images, photographs, logos, icons, sound recordings, videos, Derivative Works and software (“Content”) and all intellectual property on this Portal including, without limitation, trademarks, patents, copyright, design rights, know-how and processes, whether registered or not) are owned by or licensed to APPAB or its related corporate bodies and are subject to copyright. APPAB retains full ownership of any and all intellectual property rights in products in the Services and Portal Content. Any such intellectual property may be used only with APPAB’s prior written consent. Any rights not expressly granted herein are reserved.
A User must not interfere with the Content or functioning or this Portal or “mirror” or frame any Content contained on this Portal by any means. User’s access to the Portal shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of APPAB or the third party owner thereof. User agrees not to remove any copyright or other proprietary notices if the User downloads or prints any Content and not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.
The personal data provided by a User will be processed by APPAB to be able to carry out the Services offered on the Portal and to keep the User informed about other similar products and Services of APPAB. If the User no longer wishes to be kept up to date about the Services and products of APPAB, the User can indicate this by modifying their details on the Portal after logging on as a User.
APPAB shall exercise commercially reasonable effort to adopt security measures that may be reasonably required in accordance with the state of technology and the conditions of the market in order to protect the information provided against any infectious code or virus and unauthorized access. Although APPAB will take reasonable steps to preserve the security of information that it receives on the Portal, no data transmission over the Internet can, however, be guaranteed as totally secure. While APPAB strives to protect information, APPAB does not warrant and cannot ensure the security of any information transmitted by a User. Accordingly, all information transmitted by a User is transmitted at the User’s own risk.
Cookies may be sent to the computer to help recognize the User’s country of residence supported by the Portal. Cookies shall not be used to process personal data other than for this purpose of convenience. It is possible for the User to set the web browser to notify the User when receiving a cookie.
The applicable fees for the Services are displayed on the Portal from time to time.
If you agree to pay the fee for access to the applicable Services, whether basic or premium services, such fee will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). Fees stated on the Panasonic IPTV Apps DEVELOPERS are inclusive or exclusive of VAT depending on where the User is situated. APPAB’s VAT number is SE556830140101.
User agrees that any resulting currency exchange differentials or fees charged by APPAB may be deducted from such remittances. User is responsible for any fees (e.g. wire transfer fees) charged by User’s bank or any intermediary banks between User’s bank and APPAB’s bank.
APPAB accepts a variety of different payment methods, as available on the Portal from time to time.
APPAB may change the fees for the Services from time to time. Such changed fees will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Your continued use of the Services after the communication of such price change to you constitutes an acceptance of such new price.
Your subscription to the Services is not automatically renewed at the end of each subscription term. You will be prompted for such renewal in advance of the expiration of your subscription. If you reject or do not answer APPAB’s renewal request, your subscription will not be renewed.
8.Support to Developers
If you have any questions concerning the Services, the SDK, the Intellectual Property Rights, this Agreement and other development or Customer service related questions please visit the Customer service section on the Portal.
Basic Accounts. For basic account holders, APPAB is not obliged to provide any support other than what the Portal contains. APPAB may, at its own discretion, provide support to Users holding a basic account.
Premium Accounts. For premium account holders, APPAB will provide email support or similar communication methods. The support level for Premium Accounts includes responses within 2 business days on questions from Users. APPAB shall support developers with support questions that require less than 2 hours of handling.
The User agrees and acknowledges that all information disclosed by APPAB to the User, including, without limitation, any information, technical data or know-how relating to discoveries, ideas, inventions, concepts, software, equipment, designs, drawings, specifications, technique processes, systems, models, data, source code, object code, documentation, diagrams, flow charts, research, development, business plans or opportunities, products, projects or products under consideration, procedures, third party confidential information and information related to finances, costs, prices, suppliers, vendors, customers and employees will be considered and referred to collectively as “Confidential Information”. Confidential Information, however, does not include: (a) information that is or becomes part of the public domain without violation of this Agreement by the User; (b) information that was known to or in the possession of the User on a non-confidential basis prior to the disclosure thereof to the User by APPAB, as evidenced by written records; (c) information that was developed independently by the User, without use of or reference to the Confidential Information, as established by written evidence; or (d) information that is disclosed to the User by a third party under no obligation of confidentiality to APPAB and without violation of this Agreement by the User. The burden of proving that information may be disclosed because it does not fall within the definition of Confidential Information shall be on the User. User agrees that it shall not print, copy, adopt, modify, store, decompile, disassemble or reverse engineer/translate any items or discover the source code or trade secrets thereof that constitute Confidential Information other than as provided expressly under this Agreement. User agrees not to disclose, publish, or disseminate Confidential Information to anyone other than those individuals who have an existing Portal membership. User further agrees to prevent any unauthorized use, disclosure, publication or dissemination of Confidential Information. User agree not to use Confidential Information otherwise for its own or any third party’s benefit without the prior written approval of an authorized representative of APPAB in each instance.
User further agrees that despite any other confidentiality agreements that the User may have between User and APPAB, APPAB will not be responsible for keeping confidential any information that User provides to APPAB through the use of Services. Neither APPAB nor any of its employees accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. If despite the aforesaid request APPAB receives any such unsolicited information, the same shall not be treated by APPAB as Confidential Information.
This Portal shall be governed by the laws of Sweden without regard to conflict of law provisions. All disputes, controversies or disagreements which may arise between the parties, in relation to or in connection with the Terms, or for the breach hereof shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the Swedish Commercial Arbitration Board in Stockholm. The award rendered by the arbitrators shall be final and binding upon both parties.
11.Term and termination
This Agreement will become effective in relation to you when you have ticked the “I agree” box when creating an APPAB account and when your payment for the subscription has been processed and will remain effective until terminated by you or APPAB. You may cancel your subscription of the Services at any time by visiting the Account section on the Portal and terminate your account from there. The termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). APPAB will not refund any remaining portion of subscription fees you have already paid for. APPAB reserves the right to terminate this Agreement or suspend your APPAB account at any time in case of unauthorized, or suspected unauthorized, use of the Services, whether in contravention of this Agreement or otherwise. If APPAB terminates this Agreement, or suspends your APPAB account for any of the reasons set out in this section, APPAB shall have no liability or responsibility to you, and APPAB will not refund any amounts that you have previously paid.
APPAB does not accept responsibility for any information present on the Portal that may not be complete, true and/or accurate. APPAB expressly disclaims any and all liability or responsibility arising out of or relating to any User Content or information provided by other users of the Portal. Under no circumstance is APPAB, its affiliates, officers, employees, directors or agents responsible for any direct, indirect, incidental, special, punitive, exemplary or consequential liability including, but not limited to, damages for loss of profits, revenue, goodwill, business, anticipated savings, loss of or damage to data, use, or other intangible losses for any inaccuracies or typographical errors that may occur because of the use of or inability to use the Portal even if APPAB has been advised of the possibility of such damages. Any reliance on any such information shall be at the User’s own risk. APPAB will not be liable for any damages to, or viruses, including without limitation any system damage and/or loss of data, that may affect a User’s computer or any other equipment as a result of the User’s use of, or access to, or the downloading of any material from the Portal. APPAB can not guarantee and does not warrant that the Portal shall run uninterrupted, error free.
The Portal, the information, Content and materials on the Portal, and the software made available on the Portal, are provided "As Is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of title, merchantability, non-infringement, availability, accuracy, reliability of the contents of these pages or fitness for any particular purpose.
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability. Accordingly, the above limitations or exclusions may not apply to the User and APPAB’s liability is in such case shall be limited to the greatest extent permitted by law. The Portal is hosted by APPAB under the laws of Sweden and made available from all over the world. In the event the User accesses the Portal from other jurisdictions, the User shall solely be responsible for complying with the local laws.
1.How we collect and use personal information
When you sign up for the “Portal” account or purchase the “Services” available on the Portal, APPAB may ask you for certain personal information such as email address, postal address, age, gender and residence. In addition, when you use the Portal or the Services, APPAB will automatically receive information about your use of the Portal or the Services, including personal information such as media that you access, queries you make, date and time of your request, your Internet protocol address, your browser type, language and identifying information and your operating system.
APPAB will use your personal information (i) to provide the products and services that you have purchased or requested (including the display of customized content and advertising), (ii) to communicate with you concerning your account and customer service issues. (iii) to personalize and improve the Portal and Services, (iv) to ensure the technical functioning of the Portal and Services, (v) to develop new Services, and (vi) to protect the copyright-protected content of the Portal (e.g. by limiting access to the Portal and Services to users with a Portal account).
2.Sharing information with others
Unless you give us your explicit approval in advance we will only share your personal information as is necessary to:
- Provide you with the Services that you have purchased or requested. Enforce the terms and conditions of the Panasonic IPTV Apps DEVELOPERS.
- Comply with laws and regulations or respond to litigation.
- Allow APPAB to use a third party to perform surveys measuring your experiences and use of our services (not permitting the third party to use your personal information for any other purpose).
- Allow APPAB to share aggregated statistics about use of the Portal and Services with our business partners. APPAB will not, however, share personally identifying information with these partners or any third parties, except under the narrow circumstances described above.
3.Transfer of personal information to other countries
APPAB takes a number of steps to keep your personal information secure from unauthorized access. For example, we ask you to use a unique and strong password and not to share this information with anyone. Further, we respect and comply with EU legislation on data protection.
APPAB may include links to sites on Internet that are owned or operated by third parties. If a User chooses to visit such sites, the User agrees to review and accept such sites’ rules of use prior to such visit. The User acknowledges and agrees that its access to third party sites shall be at its own risk. APPAB does not assume any responsibility of whatsoever nature for material created or published by such third party sites. By providing a link to third party sites APPAB does not imply that APPAB endorses the site or the products or services referenced in such third party sites.
We may also store information about you using cookies (files which are sent by us to your computer or other access device) that we can access when you visit the Portal in future. We do this to help improve the user experience of the Portal.
If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.
Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
8.English version prevails