<p><b><span>Terms of Service</span></b></p>

<p><b><span>&nbsp;</span></b></p>

<p><b><span>Introduction</span></b></p>

<p><span>Please confirm the following terms and conditions when using this network
service (the "Service"). Note that we may revise, update, or amend these terms
and conditions. We will inform you about changes to the Service as well as to
the terms and conditions (the "Terms") if any. </span></p>

<p><span>&nbsp;</span></p>

<p><b><span>Using the Service - Network Connection</span></b></p>

<p><span>Your home network environment needs to have a constant connection to
the internet in order to use the Service, and you are responsible for any
internet provider fees, telecommunications fees, connection fees, or other fees
required therefor. </span><span>It is
recommended to select an encrypted setting on your Toshiba TV and use a secure
network for wireless LAN transmission. This is recommended to lower the risk
that unauthorized users may access your data / network. We disclaim any and all
responsibility or liability resulting from any wireless transmissions of any
data through your Toshiba TV.</span></p>

<p><span>&nbsp;</span></p>

<p><b><span>Using the Service - Toshiba Services</span></b></p>

<p><span>Toshiba Europe GmbH, Hammfelddamm 8, 41460 Neuss, Germany ("we," "us", or "Toshiba") 
provides the Service and offers a variety of network services
listed below. You can use the Service by selecting the "Agree" option at the
foot of these Terms. If you cannot agree to the Terms, please select the "Disagree"
option and the installation of the Service will be terminated.</span></p>

<p><span>In addition, to use the "Calendar service", "Media Guide service" and
"Recommendation Service", it is necessary for you to agree to the terms and
conditions on collection of activity log information which will be displayed
after you choose "Agree" to these Terms. If you do not select "Agree", activity
log information will not be collected. </span></p>

<p><span>&nbsp;</span></p>

<p><span>Services offered are:</span></p>

<p><span>1.<span>&nbsp;</span></span><span>Cloud Menu service</span></p>

<p><span>2.<span>&nbsp;</span></span><span>Message service</span></p>

<p><span>3.<span>&nbsp;</span></span><span>Calendar service {Need to consent to collection
of activity log information.}</span></p>

<p><span>4.<span>&nbsp;</span></span><span>Media Guide service {Need to consent to
collection of activity log information.}</span></p>

<p><span>5.<span>&nbsp;</span></span><span>Recommendation service {Need to consent to
collection of activity log information.}</span></p>

<p><span>&nbsp;</span></p>
<p><b><span>Please note that the services listed above are available in Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Spain, Switzerland and United Kingdom only.</span></b><span> </span></p>
<p><span>Please note in other countries parts or no Service may be offered.
Please check your local homepage for local availability. </span></p>

<p><span>&nbsp;</span></p>

<p><b><span>Using the Service - Purpose of Use of Information </span></b></p>

<p><span>To use the Service or other services planned for the future, you
must register your device, carry out a user registration, and activate storage
of your activity log on Toshiba's servers. The Service from Toshiba is offered
free of charge.</span></p>

<p><span>&nbsp;</span></p>

<p><b><span>Using the Service - Device and user profile registration </span></b></p>

<p><span>To use the Service, a profile needs to be created and you must
select the "Agree" option to these Terms and register the following
information:</span></p>

<p><span>&nbsp;</span></p>

<p><span>1.<span>&nbsp;

</span></span><span>Device Data </span></p>



<p><span>-&nbsp; Device

ID</span></p>



<p><span>-&nbsp; Device

Name</span></p>



<p><span>-&nbsp; Device

Icon</span></p>



<p><span>-&nbsp; Wall

Paper</span></p>



<p><span>&nbsp; (Please

note that "country" information which is registered on the default setting of

this TV is not a registration item on this installation of the Service, but

such country information will be used as one of the Device Data)</span></p>



<p><span>&nbsp;</span></p>



<p><span>2.<span>&nbsp;

</span></span><span>My Profile (user registration information)</span></p>



<p><span>-&nbsp; Email

address </span></p>



<p><span>-&nbsp; User

Name</span></p>



<p><span>-&nbsp; Date

of Birth</span></p>



<p><span>-&nbsp; PIN

Code</span></p>



<p><span>-&nbsp; Password</span></p>



<p><span>-&nbsp; Avatar

(Optional)</span></p>



<p><span>-&nbsp; Wall

Paper (Optional)</span></p>



<p><span>&nbsp;</span></p>



<p><span>3.&nbsp; Media

Guide setup</span></p>



<p>-&nbsp; Region</p>



<p>-&nbsp; Service

provider</p>



<p><b>&nbsp;</b></p>



<p><b><span>Using the Service - Information Storage Period</span></b></p>



<p><span>Toshiba will store the registered

information and activity log information for the period necessary to achieve

the purpose of use thereof.</span></p>



<p><b><span>&nbsp;</span></b></p>



<p><b><span>Not using the Service - Deletion steps and Service Settings</span></b></p>



<p><span>1.<span>&nbsp;

</span></span><span>The information registered on the Service will

be deleted from the TV by "Reset TV" as explained in the user manual and will

be deleted from the server when you connect the TV to the network.</span></p>



<p><span>2.<span>&nbsp;

</span></span><span>Your "My Profile" information will be deleted

from the servers when your "My Account" is deleted.</span></p>



<p><span>3.<span>&nbsp;

</span></span><span>Please note that if you select the "Disagree"

option, you will not have access to the Service.&nbsp; In order to access the

Service after you selected the "Disagree" option, you need to go to "Reset TV"

and choose the "Agree" option in this set up.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Using the Service - Information Sent Via

the Service</span></b></p>



<p><span>1.<span>&nbsp;

</span></span><span>You are fully responsible for your use of the

Service, for the content of documents or information that you send to other

users via the Service (the "User-Sent Information"), and for the consequences

of sending such content.</span></p>



<p><span>2.<span>&nbsp;

</span></span><span>Toshiba does not guarantee that the User-Sent

Information will be received by the party that you specify.</span></p>



<p><span>3.<span>&nbsp;

</span></span><span>Toshiba is not obliged to save User-Sent

Information that you send or receive.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Using the Service - Web Beacons</span></b></p>



<p><span>1.<span>&nbsp;

</span></span><span>Toshiba uses web beacon technology in the

Service in order to analyze or improve the website of the Service, and improve

customer satisfaction.</span></p>



<p><span>A web beacon is a tool used to collect information about your access

to the Service. The Service uses Google Analytics, a web analytics service

provided by Google Inc. (&quot;Google&quot;). Google Analytics uses

&quot;cookies&quot;, text files that are stored on your TV, to analyze the use

of the Service. The information generated by the cookie about your use of the

Service are usually transmitted to a Google server in the USA and stored there. IP anonymization is activated, i.e. your IP address from Google will

be truncated within Member States of the European Union or other parties to the

Agreement on the European Economic Area. Only in exceptional cases will the

full IP address be sent to a Google server in the USA where it is shortened. On

behalf of Toshiba Google will use this information to evaluate your use of the

Service, compiling reports on Service activity and to provide other use of the

website and internet related services with respect to Toshiba. Google Analytics

will not merge your IP address with any other data from Google. Please note

cookies cannot be deactivated on your TV. Should you not wish that cookies are

collected you are requested to choose the "Disagree" option at the end of these

Terms.</span></p>



<p><span>Google will manage the data collected through the Google Analytics

web analytics service. Web beacons will collect code data for identifying the

web pages that you access and the browser that you use. Your personal

information is not collected through Google Analytics.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Suspension, Discontinuation, or Change,

etc. of the Service</span></b></p>



<p><span>If Toshiba decides for operational, technical or other reasons that

it has to suspend discontinue or change the Service, Toshiba may do so. Toshiba

will inform you about such change. </span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Transfer or Dispose of Your Device</span></b></p>



<p><span>When you transfer or dispose of this device, please make sure to

delete the registered information by selecting "Reset TV" as explained in the

user manual.&nbsp; If you transfer or dispose of this device without selecting

the "Reset TV", there is a risk that someone else could access your

information, such as calendar information. In that situation, Toshiba bears no

responsibility whatsoever for the disclosure of this information.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Service Exemptions</span></b></p>



<p><span>Toshiba bears no responsibility whatsoever for the correctness,

usefulness, completeness, suitability for a specific purpose, or safety of

information contained in the Service or a third party's service.</span></p>



<p><span>Toshiba will bear no liability whatsoever for any dispute that you

become involved in or damages that you suffer through using the Service, unless

the dispute or damages are caused directly by Toshiba's willful intent or gross

negligence.</span></p>



<p><span>You will resolve, at your responsibility and expense, any dispute

that arises among users of the Service, between users and individuals who

provide information, etc. in the Service, or between users and third parties,

and Toshiba will bear no liability whatsoever for these disputes. Toshiba will

bear no liability whatsoever if the information recorded or provided in the

Service is lost.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Third Party Services and Third Party Materials</span></b><span> </span></p>



<p><span>This Service may enable access to third party services and web

sites, and any other features, content, or services offered from time to time

by third parties (collectively and individually &quot;Third Party

Services&quot;). </span><span>W</span><span>ith respect to these Third Party Services, including but not limited

to video-on-demand (VOD), provided by others, the third party providers' terms

of use and rules will apply. Toshiba bears no responsibility whatsoever

regarding services that are provided by third parties and that are not part of

the Service as well as other related matters. Additionally, you understand that

by using any of the Third Party Services, you may encounter content that may be

deemed offensive, indecent, or objectionable, which content may or may not be

identified as having explicit language, and that the results of any search or

entering of a particular URL may automatically and unintentionally generate

links or references to objectionable material. Nevertheless, you agree to use

the Third Party Services at your sole risk and Toshiba shall not have any

liability for content that may be found to be offensive, indecent, or

objectionable. Certain services may display, include or make available content,

data, information, applications or materials from third parties (&quot;Third

Party Materials&quot;) or provide links to certain third party web sites. By

using the services, you acknowledge and agree that Toshiba is not responsible

for examining or evaluating the content, accuracy, completeness, timeliness,

validity, copyright compliance, legality, decency, quality or any other aspect

of such Third Party Materials or web sites. Toshiba does not warrant or endorse

and does not assume and will not have any liability or responsibility to you or

any other person for any third-party services, Third Party Materials or web

sites, or for any other materials, products, or services of third parties.

Third Party Materials and links to other web sites are provided solely as a

convenience to you.</span><span> </span><span>In addition, Third Party Services and Third Party Materials that may

be accessed from, displayed on or linked to from your device are not available

in all languages or in all countries. Toshiba makes no representation that such

services and Third Party Materials are appropriate or available for use in any

particular location. To the extent you choose to access such services or Third

Party Materials, you do so at your own initiative and are responsible for

compliance with any applicable laws. Toshiba reserves the right to change,

suspend, remove, or disable access to any services at any time. In no event will

Toshiba be liable for the removal of or disabling of access to any such

services. Toshiba may also impose limits on the use of or access to certain

services.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Message service</span></b></p>



<p><span>For Message service, </span><span>the maximum number of

messages that will be displayed and stored is 100 messages. Any message

exceeding 100 messages may be deleted without notice.</span><span> </span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Media Guide service</span></b></p>



<p><span>The TV programme information in the Media Guide service uses TV

programme information provided by Rovi Corporation and/or its affiliates.&nbsp;

Toshiba is not in any way responsible for the accuracy or availability of the

programme schedule information or other data in the Media Guide service and

cannot guarantee service availability in your area. In no event shall Toshiba

be liable for any damages in connection with the accuracy or availability of

the programme schedule information or other data in the Media Guide service.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Recommendation service</span></b></p>



<p><span>The TV programme information in the Recommendation service uses TV

programme information provided by Rovi Corporation and/or its affiliates.&nbsp;

Toshiba is not in any way responsible for the accuracy or availability of the

programme schedule information or other data in Recommendation Service and cannot

guarantee service availability in your area. In no event shall Toshiba be liable

for any damages in connection with the accuracy or availability of the programme

schedule information or other data in the Recommendation Service.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Service Interruptions </span></b></p>



<p><span>Toshiba bears no liability whatsoever for interruptions to the

Service that occur because of a suspension, delay, termination, loss of data,

or unauthorized access of data stemming from a telecommunication-line,

computer, or other failure, nor will Toshiba bear any liability whatsoever for

interruptions that occur because of the hardware, software, equipment, or other

recorded information that you use in regard to the Service.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Posting Advertisements</span></b></p>



<p><span>1.<span>&nbsp;

</span></span><span>Advertisements or websites linked to

advertisements may be posted on screens in the Service and these advertisements

and websites are managed by the advertisement owners, who are responsible for

these advertisements. Except for the advertisements provided by Toshiba, Toshiba

makes no guarantee whatsoever regarding the correctness, accuracy or

suitability of the advertisements or content contained on them or on linked

websites.</span></p>



<p><span>2.<span>&nbsp;

</span></span><span>Transactions (including any participation in a

promotion for a prize, etc.) with an advertiser who is advertising (including

advertised prizes) or offering a service or product in the Service must be

carried out directly between you and the advertiser, at your and the

advertiser's responsibility. Toshiba will not become a party to, nor bear any

responsibility regarding such a transaction. If any problems arise regarding

such a transaction, you and the advertiser will resolve the problem directly

between yourselves, and Toshiba will not participate in the dispute or the

resolution process. Please enquire directly with the advertiser regarding

information that concerns the advertiser itself, the details of the transaction

with the advertiser, the products and services offered by the advertiser,

information on the advertiser's website, or the advertiser's handling of

personal information. Toshiba bears no liability whatsoever regarding losses or

damages that you suffer stemming from, or in relation to, the correctness,

accuracy or suitability of information provided by an advertiser to you in an

advertisement on the advertiser's website or a third-party website, a product

or service provided by an advertiser, or a transaction with an advertiser. </span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Prohibited Matters</span></b></p>



<p><span>1.<span>&nbsp;

</span></span><span>Users are prohibited from committing any of the

following acts when using the Service.</span></p>



<p><span>(1)&nbsp; Sending of

User-Sent Information that includes falsified or misleading content;</span></p>



<p><span>(2)&nbsp; Sending

any material which is harmful, inaccurate, pornographic, obscene, defamatory,

abusive, threatening, or otherwise illegal;</span></p>



<p><span>(3)&nbsp; An act

that infringes, or likely infringes, the intellectual property rights, property

rights, business secrets, privacy, or other rights or interests of Toshiba, its

affiliates, or a third party;</span></p>



<p><span>(4)&nbsp; An act of

sending a computer virus or other harmful programme or that causes Toshiba or its

affiliates system to crash or malfunction;</span></p>



<p><span>(5)&nbsp; A criminal

act or an act that is in violation of laws; or</span></p>



<p><span>(6)&nbsp; An act

that interferes with the operation of the Service or that Toshiba deems

inappropriate.</span></p>



<p><span>2.<span>&nbsp;

</span></span><span>You agree to indemnify and hold harmless Toshiba

and its affiliates from any loss, damage, liability or expense incurred by

Toshiba or its subsidiaries as a result of your conduct or your breach of your

obligations under these Terms.&nbsp; </span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Intellectual Property Rights</span></b></p>



<p><span>1.<span>&nbsp;

</span></span><span>Excluding User-Sent Information, the copyrights,

trademark rights, and all other intellectual property rights regarding the

content, text, images, data, software, information, or other materials

displayed via the Service (the "Contents") belong to Toshiba, its affiliates or

the contents provider, and are protected by relevant intellectual

property-related laws. The use of the Service does not constitute the

authorization of a user to use the contents-related intellectual property

rights, and users are prohibited from using the contents beyond the scope of

personal use or as expressly permitted by law.</span></p>



<p><span>2.<span>&nbsp;

</span></span><span>The rights to trade names, trademarks, and marks

included in the Service belong to Toshiba, its affiliates or the respective

rights holders and are protected by law. Users are prohibited from using the

trade names, trademarks and marks without the concerned rights holder's express

authorization.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>NO WARRANTY </span></b></p>



<p><span>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, ANY

THIRD PARTY SERVICES AND ANY THIRD PARTY MATERIALS ARE PROVIDED &quot;AS

IS&quot; AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, THIRD PARTY

SERVICES AND THIRD PARTY MATERIALS IS AT YOUR SOLE RISK AND THAT THE ENTIRE

RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOSHIBA AND ITS AFFILIATES

DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICE, THIRD PARTY SERVICES AND

THIRD PARTY MATERIALS, EITHER, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT

NOT LIMITED TO, THE WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER TOSHIBA NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS CONTAINED IN THE

SERVICES, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS WILL MEET YOUR

REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR THIRD PARTY MATERIALS WILL

BE UNINTERRUPTED OR ERROR-FREE.</span></p>



<p><span>&nbsp; </span></p>



<p><b><span>LIMITATION OF LIABILITY</span></b><span> </span></p>



<p><span>TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TOSHIBA OR

ITS AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,

INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER

COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR

INABILITY TO USE THE SERVCE OR THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS

OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TOSHIBA

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. </span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Governing Law and Court with Jurisdiction</span></b></p>



<p><span>The use of the Service and the interpretation and application of

these Terms will be governed by the laws of Germany, excluding its conflict of

law provisions. The court located in Duesseldorf, Germany</span><span> </span><span>will be the court

of first instance with exclusive and agreed jurisdiction regarding any and all

disputes that arise with respect to the use of the Service.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Export Control Compliance</span></b></p>



<p><span>You are required to comply with all applicable export control

regulations when using the Service. </span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Severability</span></b></p>



<p><span>If any provision of these Terms shall be held to be invalid, illegal

or unenforceable, the validity, legality and enforceability of the remaining

provisions shall not in any way be affected or impaired. </span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Amendments to these Terms</span></b></p>



<p><span>Toshiba may amend the terms of these Terms. We will in such cases

post the revised version of these Terms on the Service highlighting any changes

made. Your use of the Service after the amendment of these Terms will

constitute your acceptance of the amended Terms.</span></p>



<p><span>&nbsp;</span></p>



<p><b><span>Revocation of Consent</span></b></p>



<p><span>You can revoke your consent on these Terms even after you select the

"Agree" option, by selecting the "Disagree" option at the foot of these terms

with future effect. Please note that the steps explained in "Not using the

Service - Network Service Settings" are necessary to delete the "Device Data"

information" and "My Profile" information.</span></p>



<p><span>&nbsp;</span></p>

<p><span>Latest update: April , 2013</span></p>
<p><span>&nbsp;</span></p>

