Terms of Use

This website is offered to you by TP VISION EUROPE B.V., Prins Bernhardplein 200, 1097 JB, Amsterdam, The Netherlands (“TP VISION”).

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the “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 of Use, you should NOT access or use this Web Site.

2. Modification of Terms

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

TP VISION 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. TP VISION 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 TP VISION’ s Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

4. Disclaimers

ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TP VISION AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither TP VISION nor its subsidiaries, affiliates, partners, licensors 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.

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.

TP VISION and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability 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 TP VISION are free from viruses or any other harmful elements.

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.

5. Contributor

You shall be solely responsible for your own User Content and the consequences of posting.

6. Limitation of Liability

IN NO EVENT SHALL TP VISION OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF TP VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF TP VISION.

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 Section 4 above, 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 extent required by applicable law.

7. Third Party Content/Software

TP VISION 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.

8. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by TP VISION, its affiliates, subsidiaries and/or partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to TP VISION and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

TP Vision is a registered trademark.

TP Vision and all other registered trademarks of TP VISION and its affiliates are important assets of the company. Proper use of these trademarks is important for TP VISION.

The use and registration of the TP Vision name is exclusively reserved to our company. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which TP Vision name or any name similar thereto or any name which consists of a part of the TP Vision name forms part nor shall it include any other registered trademark owned by TP VISION or its affiliates.

9. Proprietary Rights in the Web Site

This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting 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 TP VISION, its subsidiaries, affiliates, 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.

10. U.S. Copyright Infringement Claims

If you know or suspect that any of the materials on this Web Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send notice to TP VISION 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 post:

TP VISION Netherlands B.V. Legal Department
Prins Bernhardplein 200
1097 JB Amsterdam
The Netherlands

The preceding information is provided exclusively for notifying TP VISION 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.

11. Indemnification and Release

You agree to indemnify and hold harmless TP VISION, its subsidiaries, affiliates, 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, TP VISION reserves the right to reveal your identity and any other information TP VISION may have about you.

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

12. 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.

  1. TP VISION may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. TP VISION does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

15. ‘Safe Harbor’ Statement under the Private Securities Litigation Reform Act of 1995

The information on this website may contain certain forward-looking statements with respect to the financial condition, results of operations and business of TP VISION and its affiliates and certain of the plans and objectives of TP VISION with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Examples of forward-looking statements include the statements we have made about our strategy, estimates of sales growth, future EBITA and cost savings, future developments in our organic business as well as the benefit of future acquisitions, and  our capital position. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. The forward looking statements are  subject to, among other things, domestic and global economic and business conditions, the successful implementation of our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products,  our ability to realize the benefits of this strategy , the policies and actions of governmental and regulatory authorities, changes in legislation,  and the impact of competition – a number of which factors are beyond our control. As a result, our actual future results may differ materially from the plans, goals, and expectations set forth in such forward-looking statements.

16. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the state of The Netherlands. You agree to the non-exclusive jurisdiction of the courts in Amsterdam, The Netherlands, for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Amsterdam, The Netherlands.

17. Severability

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.

18. No Waiver

No failure on the part of TP VISION to enforce any part of these Terms of Use shall constitute a waiver of any of TP VISION’s 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 TP VISION nor the reliance of any person on TP VISION’s 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 TP VISION shall have any legal effect whatsoever.

THE PARTIES HEREBY IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING (INCLUDING ANY COUNTERCLAIM) OF ANY TYPE IN WHICH THEY ARE PARTIES AS TO ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT.

19. 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.