TERMS AND CONDITIONS OF USE FOR PANASONIC TV SKILL/ACTION

Article 1 Agreement to the Terms

These TERMS AND CONDITIONS OF USE (as amended from time to time) and the PRIVACY POLICY (available at https://www.tvpa.panasonic.com/), (collectively, “Terms”) define the terms and conditions applicable to any individual (“you”) that uses or accesses the Panasonic TV Skill in connection with Amazon’s Alexa service or the Panasonic TV Action in connection with the Google Assistant service (each, a “TV Service”, and collectively, the “TV Services”) that are operated and provided by Panasonic Corporation, having its registered office at 1006, Oaza Kadoma, Kadoma City, Osaka 571-8501, Japan (including its Affiliates, referred to collectively hereinafter as “Panasonic”, “We”, “Us” or “Our”) and accessed by means of a Panasonic-branded audio visual product with internet connection. These terms apply only to your use of the TV Services, and not to your use of Amazon Alexa or Google Assistant generally, which are third party services and subject to terms and conditions set forth by Amazon or Google, respectively.

The TV Services may be used by you or by other people in your home. If other people in your home want to use the TV Services, you must tell them before they use the TV 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 TV Services. You may terminate these Terms at any time by stopping your use of the TV Services and disabling the relevant Skill and/or Action from the applicable device.

Article 2 Minimum Age Requirements

You must be 16 years or older to use the TV 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 them. Your parent or guardian must accept these Terms on your behalf before allowing you to access the TV Services and they must supervise your use of the TV Services to ensure you are complying with these Terms.

Some applications, services or content provided by entities other than us or our Affiliates (“Third Party Applications”) may be available through the TV 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 TV Services;
  4. (d) to change, modify, improve, update or add functions to the TV Services, to offer you new TV Services, or to remove one or more service(s) from the TV 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 TV 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 materially modify these Terms we will notify you by Smart Speaker (Amazon’s Echo or Google Home) and via Panasonic’s website located at located at https://www.tvpa.panasonic.com/. In such cases, you may need to click to accept the amended Terms before you can continue to use the TV Services. If you do not accept the amended Terms, you will not be able to use the TV Services and you must immediately stop using the TV Services and disable the relevant Skill and/or Action from the applicable device.

Article 4 Your Use of The TV 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 TV 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 TV Servicess, for example, terms and conditions applicable to your use of Amazon Alexa or Google Home (the “Rules”). If this is the case you may use the TV 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 TV 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. Additional terms governing your Panasonic ID are located at 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 TV Services. The inclusion of Third Party Applications in the TV Services does not constitute any endorsement or sponsorship by Panasonic of those applications or Third Parties.

If you use any such Third Party Applications, you do so at your own risk and these Terms do not apply to your use of those Third Party Applications. Your use of Third Party Applications is subject to any terms agreed as between you and such 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 Temporary Suspension of the TV Services

We may temporarily stop the TV 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 TV Services;
  2. (2) there is a fire, outage, natural disaster or other event outside our control that prevents us from providing the TV 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 TV 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

1. We may change, add, suspend or terminate the whole or a part of the TV Services and its contents, and may make changes or additions to usage conditions of the TV Services for the purpose of, including, but not limited to, TV Service-related maintenance or construction work by making a reasonable prior announcement on the Panasonic TV service website (located at https://www.tvpa.panasonic.com/).

2. 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 website (located at https://www.tvpa.panasonic.com/) to let you know about that transfer. If we do so, you can choose to end this agreement by stopping your use of the TV Services and deleting the Skill / Action from your applicable device. If you do this you will no longer be able to use the TV Services.

Article 8 Our Responsibility to You

1. To the extent permitted under applicable law, the TV Services are provided “as is” without warranties, representations, conditions, or guarantees of any kind, express or implied, as to the operation of the TV Services or the information, content, materials, or services included in or otherwise available through the TV Services. This means that:

  • the TV 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 TV 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 TV Services.

2. To the extent permitted under applicable law, 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 TV 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), including 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 TV Services.

3. With respect to any warranties, representations, or guarantees which cannot be disclaimed under applicable law, but as to which your remedies may be limited, our liability for any breach of such warranty, representation, or guarantee is limited (at our option) to:

  • supplying the TV Services again; or
  • the payment of the cost of having the TV Services supplied again.

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 and Other Intellectual Property Rights

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

We need to use content and information that you upload or otherwise submit to us in order to provide any TV 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 our providing any services to you.

Article 11 Your Responsibilities

1. When you use the TV 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;
  4. (4) that constitutes a criminal act (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 constitute 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 TV Services we provide;
  8. (8) that use the TV Services for commercial or profit-making purposes (for example charging others for our TV Services); or
  9. (9) that we deem improper (acting reasonably) or that would harm the reputation of Panasonic.

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 TV Services, or any other rights and obligations you have under these Terms.

Article 13 Termination of TV Services or Membership

We may immediately stop providing the TV 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 material Terms herein.

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

Article 14 Governing law

The laws of Japan shall apply to the formation, validity, and interpretation of the Terms. In some countries, courts may not permit the application of Japanese law to a claim arising out of these Terms, If you live in such a country, the courts of that country may determine that Japanese law does not apply and may apply the law of that forum to any claim arising out of these Terms.

Article 15 Disagreements and Disputes

You and Panasonic agree that the Osaka District Court will be the court of first instance with respect to any lawsuits under the Terms in connection with the Service between you and Panasonic. In some countries, courts may not permit the Japanese courts to hear a claim arising out of these Terms, If you live in such a country, the courts of the country in which you live will be able to hear any claim arising out of these Terms.

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.