15.1 Order and Acceptance – Customised Products
15.1.1 While Philips honours most designs, Philips cannot honour all of them. Some may contain among other things trade marks of third parties that you (or Philips) do not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our Products. Unfortunately, at times this means that Philips may decline your order that may otherwise seem unobjectionable. If your design is, in our sole opinion, unacceptable, your order may be immediately rejected or your purchase will be cancelled at a later stage – if so, you will be notified by e-mail or post and Philips reserves the right to cancel the applicable order confirmation.
15.2 Content Restrictions
15.2.1 You agree not to use the Web Site or service:
i. To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libellous, vulgar, violent, or otherwise objectionable;
ii. To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
iii. To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
iv. To upload or otherwise transmit any material which is likely to cause harm to this Web Site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to this Web Site or which may cause any defect, error, malfunction or corruption to the service; and
v. You agree that if Philips, in its sole discretion, determines that any material you submit may not meet these content requirements, Philips shall reject your order. Philips reserves the right to charge a processing fee of 15 GBP for each design that you submit as an order which violates our content restrictions.
15.2.2 In addition, in the event you violate one of these Content Restrictions and you intentionally publicise such violation, you acknowledge that Philips will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
15.2.3 Your design or personalisation of the Product (e.g. the colour combination) shall be created by yourself, or, to the extent this is not the case, you hereby guarantee that you are authorised to use the design or the personalisation created by a third party.
15.2.4 Please understand that although Philips reserves the right to decline your design or personalisation, you are solely responsible for your design and personalisation, and Philips has no obligation to review your design or personalisation.
15.2.5 By submitting your order, including your design and personalisation, to Philips, you hereby grant Philips a non-exclusive, perpetual, royalty-free licence to use your design and personalisation in the widest sense of the word, including but not limited to, copying, editing, modifying, digitising or reproducing, to fulfil your request of creating and delivering a personalised product.
15.2.6 Your design and personalisation qualify as what Philips calls “User Content”. The article about User Content in article 6 of the Terms of Use, which are available by clicking on the “Terms of Use” link in the footer of this Web Site, is applicable to your design and personalisation, save where that article conflicts with this article about user content; in such event this article shall supersede.
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