Terms of Service

Introduction

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.

Using the Service – Network Connection

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. 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.

Using the Service – Toshiba Services

TOSHIBA (AUSTRALIA) PTY.,Limited, ABN 19 001 320 421, of Building C, 12-24 Talavera Road, North Ryde, New South Wales Australia 2113 ("we," "us", or "Toshiba") provides the Service. 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.

Using the Service – Purpose of Use of Information

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 or one of its service partners. The Service from Toshiba is offered free of charge.

Please note that the server on which your registration information and activity log information and which provides the Service is located in Ireland.

Using the Service – Device and user profile registration

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:

1. Device Data

- Device ID

- Device Name

- Device Icon

- Wall Paper

(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)

2. My Profile (user registration information)

- Email address

- User Name

- Date of Birth

- PIN Code

- Password

- Avatar (Optional)

- Wall Paper (Optional)

Using the Service – Information Storage Period

Toshiba will store the registered information and activity log information for the period necessary to achieve the purpose of use thereof.

Not using the Service – Deletion steps and Service Settings

1. 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.

2. Your "My Profile" information will be deleted from the servers when your "My Account" is deleted.

3. Please note that if you select the "Disagree" option, you will not have access to the Service. 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.

Using the Service – Web Beacons

1. Toshiba uses web beacon technology in the Service in order to analyze or improve the website of the Service, and improve customer satisfaction.

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. ("Google"). Google Analytics uses "cookies", 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 and only in exceptional cases will the full IP address be sent to a Google server in the USA where it is shortened. 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.

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.

Suspension, Discontinuation, or Change, etc. of the Service

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.

Transfer or Disposal of Your Device

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. 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.

Service Exemptions

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.

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.

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.

Third Party Services and Third Party Materials

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 "Third Party Services"). With 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 ("Third Party Materials") 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. 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.

Service Interruptions

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.

Posting Advertisements

1. 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.

2. 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 inquire 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.

Prohibited Matters

1. Users are prohibited from committing any of the following acts when using the Service.

(1) 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;

(2) An act of sending a computer virus or other harmful program or that causes Toshiba or its affiliates system to crash or malfunction;

(3) A criminal act or an act that is in violation of laws; or

(4) An act that interferes with the operation of the Service or that Toshiba deems inappropriate.

2. 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.

Intellectual Property Rights

1. 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.

2. 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.

NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, ANY THIRD PARTY SERVICES AND ANY THIRD PARTY MATERIALS ARE PROVIDED "AS IS" 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.

LIMITATION OF LIABILITY

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.

NOTHING HEREIN LIMITS OR ATTEMPTS TO LIMIT ANY RIGHTS THAT YOU MAY HAVE PURSUANT TO THE AUSTRALIAN CONSUMER LAW.

Governing Law and Court with Jurisdiction

The use of the Service and the interpretation and application of these Terms will be governed by the laws of New South Wales, Australia and 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.

Export Control Compliance

You are required to comply with all applicable export control regulations when using the Service.

Severability

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.

Amendments to these Terms

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.

Revocation of Consent

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.

OSS Terms of Use

The software components used in the Service and are subject to the OSS terms of use of Open Source Software ("OSS") as set forth below. Please confirm the applicable OSS terms of use before using the Service. The provisions of the OSS terms of use have been stipulated by third parties other than Toshiba, and therefore, we have posted the original versions thereof (in English). Please refer to the details included on the linked pages and comply with each of the license terms.

-jQuery, jQuery Templates Plugin ： Exhibit A

-jQuery Cookie Plugin, ： Exhibit B

[Exhibit A]

http://jquery.com/

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

[Exhibit B]

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

Latest update: August , 2013