Samsung Privacy Policy

This "Privacy Policy" describes how Samsung collects, processes and protects your personal information. Samsung's Privacy Policy applies to all Services provided by Samsung or Samsung's Subsidiaries (as described in more detail in Samsung Service Terms and Conditions) and any Services or products that display or refer to this Privacy Policy, regardless of whether you use the Services through Samsung's website, your mobile phone, mobile device, TV, PC or any other equipment suitable to use the Services. This Privacy Policy does not apply to any Services or products which provide for their own privacy policy.
1. Why, how and what personal information we collect about you
You can generally use parts of our Services or our website without giving us any personal information about you. However, most of our Services and parts of our website are only accessible if you register a user account with Samsung and complete and submit the information required for the registration process.
For this purpose we may request you to provide us with personal information about you which may comprise your name, address, phone number and email address, details of your visits to our Services or website or other information specifically required to offer our Services to you. We collect this information about you when you submit it through our Services or website, typically when you register your user account or when you telephone or email us or correspond with us.
Some of the personal information that we collect about you will be "Personal Data". This means information and data related to you and which may be used to identify you.
2. How we use your Personal Data
We use your Personal Data where this is required to provide our Services or parts thereof (including our website) to you and generally to fulfil our contractual obligations towards you.
In particular, we may use your Personal Data for any of the following purposes, provided that this is permissible under applicable law:
• to register you and to enable you to use our Services or website;
• to administer our Services or website (including any searches or requests for information about our products or Services);
• for assessment and analysis of our market, customers, products and services, including asking you for your opinions on our products and Services and carrying out customer surveys;
• to enable us to monitor, review and improve the products and services which we offer;
• for internal record keeping;
• to consider employing you if you have provided information in an application for a position with us; and
• to review the Samsung and third party services you have used and to recommend similar services to you.
To the extent permissible pursuant to applicable law, (a) we may combine the Personal Data that we collect about you through our Services or website with information that you provide to us by other means and (b) we may store that information together in a combined database or in separate databases.
We will not retain your Personal Data for longer than is necessary for the purposes for which it was intended or initially collected, or as required under any contract with you or by applicable law. We will delete your Personal Data once you inform us that you will no longer be using our Services unless and to the extent we are required to retain your Personal Data for legitimate reasons (e.g. due to legal requirements or if we still need your Personal Data to process the contractual relationship with you, such as billing or accounting) or if a deletion of your Personal Data would only be possible with unreasonable efforts, in which case we will lock your Personal Data instead of a deletion. We will not collect an excessive amount of Personal Data about you or any information that is not relevant to the purposes it was collected for.
3. Direct Marketing
We may use your Personal Data for marketing purposes, in particular to display to you or present you with advertisements and promotion materials, to inform you about our products or to conduct free prize draws and prize competitions and other such information which we believe may be of interest to you based on your use of and your interests in our Services, always provided that such use complies with applicable laws.
We will only send you any advertisement, marketing or promotional material or product information, if you have elected to receive such information by email and/or post when you completed the registration process. Depending on the jurisdiction you reside in and in accordance with applicable laws in your country we may ask you to expressly consent to such use before we send you any marketing or promotional material or before we send you any product information.
You can change your mind about your preferences in respect of direct marketing at any time by using the unsubscribe information on every such mailing, by updating your user profile or account data or by contacting us (see below for details on how to contact us). If you do so, we would not remove your Personal Data from our database(s) to the extent that this Personal Data is still required by us under the terms of this Privacy Policy or to continue to provide our Services to you.
4. Location-based services
Some of our Services, for example the "Find My Mobile" service, make use of and require you to provide us with location-based data ("Location-Based Services"). The Location-Based Services are offered by collecting, storing, transmitting or processing location data of your device. Samsung will only process any location-based data when you consent to such use, typically when you register for the respective Location-Based Service.
Location-based data is generally anonymous and does not personally identify you. However, the information gathered by locating your device may be combined with your Personal Data in order for us to provide you with the Location-Based Services, such as Remote Locator and Phone Tracking. All such information will be dealt with in accordance with the terms of this Privacy Policy.
5. Sharing of your Personal Information
We will not share or disclose your Personal Data to any third party (including Samsung's Subsidiaries) without your consent, except (a) where this is necessary in order to provide our Services to you, (b) to pursue our legitimate interests or (c) if we are required to disclose your Personal Data in order to comply with any legal obligation or the decision of a judicial authority or (d) where we are otherwise permitted to do so by applicable law. We will never share your Personal Data with third parties if this is not permissible under applicable law.
You acknowledge that any Personal Data that you submit to our Services or website which is typically visible to others (e.g. blogs, forums and discussion pages) may result in such information being published and being visible to others. You should take common sense precautions about the Personal Data you provide in such environments and acknowledge that your Personal Data will be published in such a way for others to see.
Disclosure of your Personal Data in accordance with the above may include disclosure to Samsung's Subsidiaries or a third party which is located outside the European Union ("EU") or European Economic Area ("EEA"). If you are a resident of a member state of the EU or the EEA, the data protection laws outside the EU/EEA may not provide for an equivalent level of protection to those in your home country. However, before transferring the Personal Data of a resident of an EU/EEA member state we will take steps to ensure that such data will be afforded the same level of protection as under applicable data protection laws within the EU/EEA.
We will not make your Personal Data available to third parties for any other purposes as described in this Privacy Policy and we will not sell your Personal Data.

6. Security
We are committed to ensure that your Personal Data is kept and stored securely and we maintain reasonable physical, technical and organisational measures and procedures to safeguard and secure the information we collect through our Services and our website.
This has been done with a view to preventing unauthorised or unlawful processing of your Personal Data and accidental, unauthorised or unlawful access, use, processing, copying, alteration, transfer, loss or destruction of, or damage to your Personal Data. Whilst we have done all of this, and comply with the standards required by applicable laws, we cannot guarantee that your Personal Data is secure when submitted or otherwise communicated through insecure means.
We protect the security of your Personal Data by:
• using encryption where appropriate;
• using password protection where appropriate; and
• limiting access to your Personal Data (for example, only our staff or employees who need access to it for the purposes described in this Privacy Policy will have access to it).
However, these measures do not release you from taking appropriate steps to keep your Personal Data safe and secure, in particular by avoiding obvious user ID's or passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other person access to your user account and your Personal Data.
7. Links to external content resources
Our Services or website may link or direct you to other websites, services or external content resources which are outside of our control. Whilst we try to ensure that we link or direct you only to services or websites that share our privacy and security standards, once you have left our Services or our website we cannot safeguard and are not responsible for the protection and privacy of any Personal Data which you provide on other websites. You should exercise caution and review the privacy statement applicable to the respective service or website. We do not accept any responsibility or liability for those policies.
8. Web tracking (cookies and web beacons)
We use cookies (small text files that store information on your hard drive) for certain functions and operations of our Services or website.
Cookies help us to understand which sections of our Services or website are the most popular because they allow us to see which pages or Services visitors are accessing and how much time they are spending on them. By studying these we are able to adapt our Services or website to suit your demands and to provide you with a more customised user experience. For example, cookies allow us to ensure that the information displayed on your next visit or login will match your user preferences.
You may configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For example, on Microsoft Internet Explorer you can disable or delete cookies by selecting "Tools/Internet Options".
Please note that our Services and our website are designed to work with cookies and disabling cookies may affect your usage of our Services or our website and may prevent you from taking full advantage of our Services. We do not exchange cookies with any third party websites or external data suppliers, except with third parties working with us to provide our Services to you.
Our Services or website and the communications generated from using and/or registering to our Services or website, such as promotional emails, may contain electronic images known as "web beacons". Web beacons generally work in conjunction with cookies, and we may use them in the same way we use cookies (see above).
9. Changes to this Privacy Policy
Samsung may change and update this Privacy Policy from time to time. Samsung will notify you of any material changes or additions to this Privacy Policy and will provide you with a copy of the amended Privacy Policy, either under this http://account.samsung.com/membership/pp, by use of your email address provided to Samsung or by any other suitable means which ensure that you will be able to take notice of the changes to this Privacy Policy.
10. Accessing and correcting your Personal Data
You can access, review and edit your Personal Data at any time by logging into your user account and visiting your user profile. Once you have access to your user profile you can review and edit any Personal Data you provided to us when you registered to our Services or to our website. See the help section on our website to learn more on how to access your account and how to edit your user profile or correct your Personal Data. Alternatively, you can contact us directly to learn about what Personal Data we have stored about you and how to correct any of your Personal Data.
11. How to contact us with regard to your Personal Data
You can contact us at http://help.content.samsung.com to learn more about our commitment to privacy and this Privacy Policy. Under certain jurisdictions and data protection laws you may have the right to request details of Personal Data which we hold about you or to request the correction or deletion of your Personal Data. Please contact us at http://help.content.samsung.com for this purpose or alternatively contact our customer services department (which is accessible through the help menu on our website).
Please help us to ensure that the information that we hold about you is accurate and up to date. If you think that any information we have stored about you is incorrect or incomplete, please contact us at http://help.content.samsung.com or write to our customer services department.


2012-12-20

Samsung Service Terms and Conditions

The terms and conditions ("Terms and Conditions") in this document ("Agreement") describe and stipulate the provisions which govern and regulate the legal relationship between Samsung Electronics Co., Ltd. (“Samsung”) and/or Samsung's Subsidiaries as provider of the Services and you as user of the Services ("You" or "User").
You should read these Terms and Conditions carefully and should not accept these Terms and Conditions or register for, access or use the Services (collectively as "Use" of the Services) unless You agree to the Terms and Conditions. Samsung does not store an individual copy of this Agreement entered into with You and we recommend that You save a local copy of this Agreement for Your own record.
You may not Use the Services if You are a (a) person who is not of legal age to form a binding contract with Samsung or (b) person who is barred from receiving the Services under the laws of any country including the country in which You are a resident or from which You are using the Services.
In this Agreement:
"Services" or "Service" means all services described in more detail in Samsung's http://account.samsung.com, as updated from time to time, and excluding any service rendered or provided to You under a separate agreement; and
"Samsung's Subsidiaries" means all legal entities, companies, corporations, firms, partnerships or other entities that are controlled by Samsung or are under common control with Samsung. The term "controlled" means the ability to direct the management of the relevant entity.
How You may accept the Terms and Conditions,
How Samsung may change the Terms and Conditions, and
How You or Samsung may terminate the Terms and Conditions
1. Acceptance of the Terms and Conditions
1.1. Before You are permitted to Use the Services You are required to accept the Terms and Conditions and any Special Terms, as the case may be. Typically, Terms and Conditions and any Special Terms are accepted by clicking or tabbing the "accept" button if such button or function is available or present via the user interface for the respective Service.
1.2. You also accept the Terms and Conditions or any Special Terms when You actually start to Use the Services. In this case You understand that You are bound by and Samsung will treat You as bound by the Terms and Conditions from the moment You start using the Services.
2. Changes to the Terms and Conditions
2.1. Samsung is permitted to amend or alter the Terms and Conditions from time to time.
2.2. Samsung will notify You with at least 15 days prior notice ("Notification Period") of any material changes of the Terms and Conditions and will provide You with a copy of the revised Terms and Conditions either by the use of Your email address provided to Samsung as part of the Registration Data or by any other suitable means which ensure that You will be able to take notice of the revised Terms and Conditions.
2.3. After the Notification Period has passed You will be prompted to accept the revised Terms and Conditions, typically by clicking or tabbing the "accept" button if such button or function is available or present via the user interface for the respective Service. You may not continue to Use the Services unless You accept the revised Terms and Conditions and You understand that due to the SingleSignOn process (see clause ‎12.2 below) You will not be able to continue to Use any of the Services unless you accept the revised Terms and Conditions.
2.4. You also accept the revised Terms and Conditions when You continue to Use the Services after the Notification Period has passed. In this case You are bound by and Samsung will treat You as bound by the revised Terms and Conditions from the date on which the revised Terms and Conditions entered into effect. You are free to end this Agreement at any time should You choose not to accept the revised Terms and Conditions.
3. Termination of the Terms and Conditions; Consequences of termination
3.1. This Agreement remains in effect unless and until terminated either by You or Samsung, as the case may be.
3.2. You can terminate this Agreement at any time by visiting https://account.samsung.com/account/legalSignOff.do or alternatively by closing Your User account for the Services which Samsung made, as an option, available to You.
3.3. Samsung may terminate this Agreement at any time by providing a 30 days prior written notice of cancellation to the email address provided to Samsung as part of Your Registration Data or by any other suitable means which ensure that You will be able to take notice of the cancellation.
3.4. Samsung is entitled to terminate this Agreement at any time and without observing any notice period if:
a. You are in breach of the Terms and Conditions;
b. You have clearly demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with the Terms and Conditions;
c. Samsung, (including Samsung's Subsidiaries) or any supplier or partner of Samsung providing the Services to or together with Samsung decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of Samsung decides to terminate the entire relationship with Samsung and regardless of the reason of such termination, including where Samsung or any supplier or partner of Samsung are of the opinion that the provision of the Services or parts thereof to You or to Samsung or together with Samsung are no longer commercially feasible; and
d. Samsung (including Samsung's Subsidiaries) or any supplier or partner of Samsung providing the Services to or together with Samsung are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful).
3.5. The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You or Samsung have accrued or incurred during the term of this Agreement.
3.6. You are not permitted to Use the Services if You do not accept the revised Terms and Conditions or after this Agreement comes to an end, for example, due to termination by either You or Samsung.
3.7. Samsung will, however, allow You to backup Your User Content stored with Samsung through the Use of the Services should You choose not to accept the revised Terms and Conditions or if You terminate this Agreement pursuant to clause ‎3.2. You understand that Samsung may delete Your User Content after a reasonable backup period has lapsed ("Backup Grace Period"). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content.
How You may Use the Services and
How Samsung may use Your content or how You may use Samsung's content
4. Provision of the Services and limitations of usage
4.1. The Services are provided to You by Samsung and Samsung's Subsidiaries.
4.2. Unless otherwise specified in this Agreement You are permitted to Use the Services for personal and non-commercial use and purposes only and You will not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof.
4.3. When You Use the Services You will at all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Services.
4.4. Samsung may at any time and in its sole discretion without prior warning or notice:
a. change the Services or suspend and/or cease providing the Services or any part of the Services;
b. disable or suspend Your Use of the Services including access to Your User account(s) and any files or other content contained in Your account(s) either temporarily or permanently;
c. set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and
d. pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.
4.5. Samsung will use commercially reasonable efforts to (a) ensure that the Services are available to You without undue disruption, interruption or delay and (b) keep any disruption, interruption or delay of the Services to a minimum.
4.6. You are not permitted to Use any of the Services (including any attempts to do so) other than through the interface made available to You by Samsung and You will not Use the Services (including any attempts to do so) through any automated tools (including software and/or hardware), functions, services or otherwise (including scripts or web crawlers).
4.7. You will comply with and follow all instructions made available to You by Samsung in connection with the Services and You will not engage in any activity that may cause interference with or disruption to the Services or any servers, networks or other equipment connected to the Services.
4.8. Some of the Services can be used or are particularly useful when used over mobile networks. You should be aware that Your network provider may charge You for access to its network, the duration of Your mobile phone's/ mobile device's connection to the network and the data volume used to Use the Services. You are entirely responsible to check with Your network provider whether any such costs may apply before Using the Services in this respect.
5. Advertisements
5.1. You agree that Samsung, as part of the Services, places or displays to You advertisements, promotion materials or other content and materials or products for promotional purposes.
5.2. In any event, Samsung will only send You marketing emails or newsletters and will only try to contact You directly by phone for marketing purposes where you have explicitly opted to receive such information and communication, for example, when You registered for the Services.
6. Software and software updates and updates to the Services
Samsung may automatically download and install updates from time to time (including firmware updates for the devices you registered with the Services) ("Software Updates"). Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Services or any product or device used to access the Services. Such updates may include bug fixes, enhancements to the Services or parts thereof, products or devices and updates and enhancements to any software previously installed (including entirely new versions).
7. Content provided in the Services and content rights
7.1. All content that is made available in the Services or accessible as part of or by the Use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is entirely the responsibility of the originator of such Content. The Content may include advertisements, promotional material and documents or other sponsored Content.
7.2. The Content may be protected by proprietary or intellectual property rights of third parties (such as partners, advertisers and sponsors or their agents who provide such Content to Samsung). You are not permitted to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) or to grant licenses in the Content.
7.3. You understand that by using the Services You are exposed to the risk that You may find some Content offensive, indecent or objectionable and that any Use of the Services as regards such exposure is entirely at Your own risk.
8. User Content and User Content License
8.1. By uploading, transmitting, creating, posting, displaying or otherwise providing any information, materials, documents, media files or other content on or through the Services ("User Content") You permit Samsung, Samsung's Subsidiaries and other Users of the Services to use the User Content to the extent that this is required for the provision of the Services, and in this respect grant Samsung, Samsung's Subsidiaries and other Users of the Services an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, publicly perform and publicly display the User Content ("User Content License"), such User Content License in any event to be limited, however, to the purposes of the Services.
8.2. The User Content License shall include a right for Samsung and Samsung's Subsidiaries to (a) perform all technical steps necessary to process and prepare the User Content for use in the Services, including any modification and/or adaption required to provide the Services to Users and/or to transmit or distribute the User Content over public networks and in media and (b) make available and sublicense the User Content to third parties for the use of the User Content in connection with the provision of the respective services by these third parties.
8.3. Samsung does not claim ownership of the User Content and You will retain any copyright and any other rights to any User Content provided by You on or through the Services.
8.4. Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely Your responsibility and Samsung is not obliged to protect and enforce the User Content on Your behalf.
8.5. You are entirely responsible to backup Your User Content stored with Samsung or through the Services to another location outside the Services (e.g. by means of creating local copies or backups with specialized online backup services) to avoid loss of Your User Content and other data.
9. Samsung Services License
9.1. Samsung, Samsung's Subsidiaries and/or any supplier or licensor of Samsung are the owners and shall be entitled to all proprietary rights which may exist in the Services, including all legal right, title and interest in and to the Services, and all intellectual property rights worldwide, regardless of whether registered/legally secured or not.
9.2. Samsung grants You a worldwide, non-transferrable, non-assignable, non-exclusive, personal and royalty free license to Use the Services (including any software, products or materials provided to You as part of the Services) and in the form provided to You by Samsung ("Samsung License"). The Samsung License entitles You to enjoy the benefits of the Services in accordance with these Terms and Conditions.
9.3. Except for the rights granted to You in this Agreement, Samsung retains all rights in or pertaining to the Services.
9.4. You are not permitted to (a) grant any other User or third party a license to Use the Services or otherwise to access Your account or the Services, (b) Use the Services to provide services to other Users or any other third parties or (c) otherwise assign, grant a sublicense in, or grant a security interest in or over the Samsung License or any rights under it, loan or lease the Services and/or the Samsung License, or otherwise transfer the Samsung License or any rights under it to any third party.
9.5. You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Samsung Services (or any part of it), unless expressly permitted by Samsung in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so.
10. Trademarks
10.1. You are not entitled to use any of Samsung's (including Samsung's Subsidiaries) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features ("Samsung's Brands") without Samsung's prior written consent. To the extent that You are entitled to use Samsung's Brands under a separate written agreement with Samsung, such use is only permitted in accordance with such separate agreement.
10.2. You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of Samsung, Samsung's Subsidiaries or any third party (including copyright and trade mark notices) which pertain to, are affixed to or which are contained within the Services and You agree not to use any such signs, trademarks, service marks, trade names, logos or other marks of Samsung, Samsung's Subsidiaries or any third party in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorized User, as the case may be, of such marks, names or logos.
What You should know about your Registration Data, Account Data and privacy
11. Registration data and Users account
11.1. When You Use the Services You may be required to provide information about Yourself before You can continue to Use the Services ("Registration Data").
11.2. You agree to provide accurate, current and complete Registration Data and to update Your Registration Data as required in order to keep it accurate, current and complete.
12. Passwords and account security
12.1. In order to Use the Services You are required to open a User account and to provide a User ID and password ("Account Data").
12.2. Samsung implemented an integrated registration solution through a single sign on process ("SingleSignOn"). SingleSignOn means that once You open a User account with Samsung You automatically register for all Services which, amongst others, eliminates the need to maintain separate User accounts and User ID's for each individual Service. SingleSignOn also allows You to sign in and sign off from all Services and through all devices at once.
12.3. You will keep your Account Data safe and secure at all times and prevent unauthorised access to your Account Data and your account by third parties, in particular by avoiding obvious User IDs or passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other User or third party access to your Account Data or your account.
12.4. Samsung may follow any instructions given by You and may regard any instructions (a) received from or issued by a User or third party using or providing your Account Data or (b) which are attributable to You or Your Account Data as Your instructions.
12.5. You agree not to use any Account Data or account of any other User or person than Yourself without permission of the User or person holding the respective account.
12.6. You will notify Samsung immediately by email to http://help.content.samsung.com upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security.
12.7. You can access and change Your Registration Data or Account Data at any time by either accessing the respective Samsung account application on your device or by visiting http://account.samsung.com/membership
13. Privacy and protection of personal data
13.1. Samsung is committed to the protection of Your personal data. See our Privacy Policy (http://account.samsung.com/membership/pp) to learn more about how Samsung protects and handles Your personal data and information when You Use the Services. You agree to the Use of Your Registration Data, personal data and information in accordance with Samsung's privacy policy.
How You and Samsung are liable under these Terms and Conditions
14. YOUR WARRANTIES AND REPRESENTATIONS
14.1. YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY SAMSUNG AND SAMSUNG'S SUBSIDIARIES). IN PARTICULAR, YOU WARRANT AND REPRESENT TO SAMSUNG THAT:
A. YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT SAMSUNG THE USER CONTENT LICENSE;
B. THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS;
C. THE USER CONTENT WILL NOT CONTAIN ANY MATERIAL WHICH IS HARMFUL, INACCURATE, PORNOGRAPHIC, ABUSIVE, OBSCENE, THREATENING, DEFAMATORY, OR WHICH IS OTHERWISE ILLEGAL OR WHICH DOES NOT COMPLY WITH APPLICABLE LAW OR SAMSUNG'S CONTENT GUIDELINES;
D. THE USER CONTENT WILL NOT CONTAIN ANY VIRUSES OR OTHER HARMFUL SOFTWARE, CODE OR SIMILAR MEANS AND DEVICES WHICH COULD DAMAGE, HARM, DISABLE OR OTHERWISE IMPACT OR LIMIT THE FUNCTION AND PERFORMANCE OF THE SERVICES AND/OR ANY DEVICE ACCESSING SUCH USER CONTENT. REGARDLESS OF WHETHER THIS DEVICE BELONGS TO SAMSUNG OR ANY OTHER USER OR THIRD PARTY INCLUDING SERVER, NETWORKS NODES OR ANY SIMILAR EQUIPMENT;
E. THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER THE LAWS OF ANY COUNTRY, INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE USING THE SERVICES; AND
F. THE USE OF THE USER CONTENT BY SAMSUNG OR SAMSUNG'S SUBSIDIARIES WILL NOT IMPOSE ANY OBLIGATION UPON SAMSUNG OR SAMSUNG'S SUBSIDIARIES TO PAY ANY KIND OF MONETARY CONTRIBUTION (INCLUDING LICENSE FEES, DUES OR OTHERWISE) TO ANY THIRD PARTY (IN PARTICULAR COLLECTING SOCIETIES).
14.2. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SAMSUNG AND THE SAMSUNG SUBSIDIARIES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY SAMSUNG AND THE SAMSUNG SUBSIDIARIES AS A RESULT OF ANY BREACH OF THESE WARRANTIES.
15. SAMSUNG'S WARRANTIES AND REPRESENTATIONS
15.1. UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, SAMSUNG, THE SAMSUNG SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS PROVIDE THE SERVICES ON BEST EFFORT BASIS ONLY AND EXCLUDE ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSLY OR IMPLIED. IN PARTICULAR BUT WITHOUT LIMITATION, SAMSUNG, THE SAMSUNG SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS DO NOT WARRANT OR REPRESENT THAT:
A. THE SERVICES ARE FIT FOR ANY PURPOSE OR MEET YOUR REQUIREMENTS OR ARE PROVIDED TO YOU WITHOUT ANY ERRORS OR DEFICIENCIES OR THAT THEY ARE IN COMPLIANCE WITH ANY QUALITY LEVELS, AS THE CASE MAY BE;
B. THE SERVICES ARE AVAILABLE TO YOU AT ANY TIME AND PROVIDED TO YOU WITHOUT DISRUPTION, INTERRUPTION OR DELAY;
C. THE SERVICES DO NOT INFRINGE ANY COPYRIGHT OR VIOLATE ANY LAWS WHETHER IN THE COUNTRY WHERE YOU ARE A RESIDENT OR ELSEWHERE IN THE WORLD;
D. ANY INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM SAMSUNG OR AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING ANY MATERIALS OR PRODUCTS) WILL BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE; AND
E. THAT ANY DEFICIENCIES IN THE SERVICES, INCLUDING ANY DEFECTS IN PERFORMANCE, OPERATION OR FUNCTIONALITY OF THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE FIXED, CORRECTED OR OTHERWISE REMEDIED.
15.2. ANY DOCUMENTS OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATES) DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE PROVIDED BY SAMSUNG "AS IS" AND AT YOUR OWN RISK. SAMSUNG IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR MOBILE PHONE'S, SOFTWARE, COMPUTER SYSTEM OR OTHER DEVICE OR DEVICE'S SOFTWARE OR ANY LOSS OF DATA THAT IS CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH DOCUMENTS AND/OR MATERIAL.
16. YOUR LIABILITY
16.1. YOU ARE ENTIRELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER
A. THESE TERMS AND CONDITIONS; AND
B. ANY APPLICABLE LAW OR REGULATION IN THE RELEVANT JURISDICTIONS, INCLUDING THE JURISDICTION WHERE YOU ARE A RESIDENT OR FROM WHERE YOU ARE USING THE SERVICES
AND FOR THE CONSEQUENCES OF ANY SUCH BREACH, INCLUDING ANY LOSS OR DAMAGE WHICH SAMSUNG OR ANY THIRD PARTY MAY INCUR OR SUFFER. SAMSUNG WILL HAVE NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY IN RESPECT OF SUCH BREACH.
17. SAMSUNG'S LIABILITY
17.1. SUBJECT TO CLAUSE ‎17.3, SAMSUNG AND THE SAMSUNG SUBSIDIARIES ARE NOT LIABLE TO YOU, REGARDLESS OF THE LEGAL GROUNDS, IN PARTICULAR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO SAMSUNG, FOR:
A. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
B. ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT);
C. ANY DAMAGE TO AND/OR CORRUPTION OR LOSS OF DATA (WHETHER DIRECT OR INDIRECT);
D. ANY LOSS OR DAMAGE AS A RESULT OF:
I. ANY BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN SAMSUNG AND YOU WHICH IS ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF SAMSUNG, THE SAMSUNG SUBSIDIARIES AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS;
II. ANY RELIANCE PLACED BY YOU ON THE SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR EXISTENCE OF ANY (A) SERVICES (INCLUDING ANY SOFTWARE, INFORMATION, DOCUMENTS, MATERIALS MADE AVAILABLE TO YOU AS PART OR IN COURSE OF THE USAGE OF THE SERVICES) OR (B) ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING (INCLUDING ANY PROMOTIONAL MATERIAL) IS MADE AVAILABLE ON OR BY YOUR USE OF THE SERVICES;
III. ANY CHANGES, MODIFICATIONS, EXTENSIONS OR LIMITATIONS (INCLUDING ANY SUSPENSION OF YOUR USE OF THE SERVICES, ACCESS TO YOUR ACCOUNT AND ACCOUNT DATA OR YOUR REGISTRATION DATA) TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM); OR
IV. THE USE OF YOUR ACCOUNT DATA BY ANY OTHER PERSON THAN YOURSELF (REGARDLESS OF WHETHER WITH OR WITHOUT YOUR KNOWLEDGE). YOU ARE FULLY RESPONSIBLE AND LIABLE TO COMPENSATE SAMSUNG FOR ANY DAMAGE AND/OR LOSS INCURRED DUE TO THE USE OF YOUR ACCOUNT DATA BY SOMEONE ELSE.
17.2. IN THE EVENT THAT SAMSUNG OR THE SAMSUNG SUBSIDIARIES ARE LIABLE FOR A BREACH OF THESE TERMS AND CONDITIONS, SAMSUNG'S LIABILITY SHALL BE LIMITED TO DAMAGES WHICH SAMSUNG MUST TYPICALLY EXPECT AT THE TIME OF THE CONCLUSION OF THIS AGREEMENT DUE TO THE CIRCUMSTANCES KNOWN AT THE TIME.
17.3. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT SAMSUNG'S
A. LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OR IN ACCORDANCE WITH ANY PRODUCT LIABILITY ACT; AND
B. WARRANTY OR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER'S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND SAMSUNG'S LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Force Majeure
18.1. Samsung is not liable or responsible for any failure to perform, or delay in performance of any of Samsung's obligations under this Agreement that is caused by events outside Samsung's reasonable control ("Force Majeure Event"), in particular (without limitation) (a) unavailability of public or private telecommunication networks (b) acts, decrees, legislation, regulations or restrictions of any government or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.
18.2. Samsung's performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and Samsung will have an extension of time for performance for the duration of that period.
18.3. Samsung will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which Samsung's obligations under this Agreement may be performed despite the Force Majeure Event.
19. Links to third party sites and other content
19.1. The Services may contain hyper links to content resources and services of third parties, including other websites ("External Resources"). Samsung is not responsible for and has no control over the content (including advertisements, products and other materials) provided, made available and/or displayed to You under these External Resources and is not liable for any damage or loss incurred by You due to or as a result of the content (including any reliance by You on the availability, accuracy, applicability or completeness of the content) which is made available to You, provided to You or displayed to You under these External Resources.
19.2. You may from time to time and as a result of or through the Use of the Services purchase or avail Yourself of services, goods or software which is provided to You by a third party. Your use of such other services, goods or software may be subject to separate terms and conditions between You and the respective third party. This Agreement does not affect Your legal relationship with that third party and Samsung is not liable or responsible for any services, goods or software provided to You by any third party.
What else You should know and understand
20. Special terms and conditions
20.1. When You register for a Service You may be presented with special terms and conditions which, among others, describe specific features and characteristics of the Service and may stipulate additional legal provisions (collectively referred to as "Special Terms").
20.2. Any Special Terms apply in addition and in conjunction with these Terms and Conditions. In the event of a conflict between these Terms and Conditions and any of the Special Terms, the Special Terms shall take precedence over these Terms and Conditions.
21. Language of this Agreement
Samsung may provide You with a translation of the English version of this Agreement. This translation is provided for Your convenience only. In the event of any conflict between the English language version and the translation version of these Terms and Conditions and to the extent permissible by applicable law, the English language version takes precedence over any translation version.
22. Procedure for making claims and notices regarding infringement of intellectual property rights and other rights
22.1. Samsung may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of Users who repeatedly infringe copyright laws or violate other applicable law.
22.2. Any notices regarding any copyright infringement or violation of other laws by the Services, any content provided with or displayed in the Services or any User Content should be sent to http://help.content.samsung.com
23. Confidentiality
23.1. The Services may contain information which is confidential to Samsung including, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to You as confidential.
23.2. Unless stated otherwise in these Terms and Conditions You will (a) keep such information confidential for an unlimited period of time and not disclose such information without Samsung's prior written consent and (b) neither record or otherwise utilise such information unless required for the purposes of this Agreement.
23.3. Clause ‎23.1 shall not apply in the event that You are required to disclose information which is confidential to Samsung according to applicable law. In this case and to the extent permissible by applicable law, You will notify Samsung immediately of any disclosure of any information which is confidential to Samsung.
24. General provisions
24.1. Samsung will rely only on the written Terms and Conditions. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards Samsung unless expressly confirmed in writing by Samsung to You.
24.2. Samsung may provide You with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via the Services.
24.3. If Samsung does not exercise or enforce any legal right or remedy which is set out in this Agreement or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung's rights or remedies and such rights or remedies will remain available to Samsung.
24.4. If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
24.5. Each of the Samsung's Subsidiaries shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce and rely upon any provision of this Agreement which confers a benefit on (or rights in favour of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement.
24.6. You are not permitted to transfer, assign or otherwise dispose of this Agreement which is personal to You, or any of Your rights or obligations arising under this Agreement without the prior written consent of Samsung.
24.7. This Agreement and Your relationship with Samsung under this Agreement shall be governed and construed in accordance with the laws of the jurisdiction where You are a residential, without regard to its conflict of law provisions and subject to the non-exclusive jurisdiction of the courts of such jurisdiction, to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


< Samsung Apps Terms and Conditions for Buyers >
1. Your use of our Services
1.1 Your use of the Samsung Apps website at www.samsungapps.com and any other application, software, services, websites, wap and other related services provided by us or any third party designated by us (“STORE”) (collectively “Services” excluding any services provided to you by us, Samsung, under a separate written agreement) is subject to the terms set out below and any other terms applicable to you from time to time, including but not limited to, Samsung’s privacy policy (collectively “Terms”).
By using the Services, you can (1) download and access updates to certain applications already provided on your mobile phone as well as any related content, (2) download additional optional applications for your mobile phone, and (3) access content and other software applications (collectively “Applications”).
“We” or “Samsung” means Samsung Electronics GmbH, whose principal place of business is at Am Kronberger Hang 6 65824 Schwalbach/Ts., Germany, unless explicit reference is made to a different Samsung entity acting as the seller for an Application. In such case you are contracting with said Samsung subsidiary and “We” or “Samsung” means the specified Samsung subsidiary. You may contact us at the Help menu of the STORE.
It is important that you take the time to read these Terms. These Terms and any of the documents referred to in the Terms form the legally binding agreement between us relating to the Services and your use of the STORE.
Most of the Applications within the STORE are produced by third parties but Samsung also supplies some of the Applications. In both cases, you will be contracting with Samsung and Samsung has the contractual obligation to you.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you will not be able to access the Services.
2.2 You may not use the Services and may not accept the Terms if (a) you are under 18 (but if you are between 13 and 18 and you have your parent’s consent, you may use the Services) (b) you are a person barred from receiving the Services under the applicable laws of the United Kingdom or the country in which you are resident or from which you use the Services or (c) you are in a country to which we do not provide the Services.
2.3 If you are between the ages of 13 and 18 and you use the Services, we may ask you to confirm that you have had your parent’s permission and that they have agreed to these Terms on your behalf - even if we do not do this, we shall assume that this is the case and will provide the Services on this basis.
3. Service Territory
3.1 The Service is available only in certain countries. If you are not in one of these countries, you may not use or attempt to use the Services. The STORE may use technologies to verify such compliance.
4. Registration for Services
4.1 In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services, or as part of your continued use of the Services.
4.2 You may be required to provide a username using your email address, your date of birth and passwords to create your account with us (“STORE Account”). You understand that you are responsible for maintaining the confidentiality of your username, your date of birth and passwords. Accordingly, you agree that you will be solely responsible to Samsung for all activities that occur under your STORE Account and we are not responsible for problems with your STORE Account due to misuse of your username, the date of birth and/or passwords. If you become aware of, or suspect, any unauthorized use of your username, your date of birth, passwords or of your STORE Account, you agree to notify us immediately at the Help menu of the STORE.
4.3 Upon completion, verification and acceptance by us of your registration data you will be given STORE membership as a buyer.
4.4 You can opt for the credit card settings option or mobile payment options when you submit your registration data or when you purchase Applications (by providing your credit card details at that point). Your credit card information and billing information will be stored, managed and kept by credit card companies or our payment gateway provider. Their privacy policies will apply in relation to your credit card information and other personal details submitted to them. Samsung does not store, manage and/or keep your credit card information.
4.5 If your residency does not match with your credit card details or phone billing details, you cannot purchase Applications.
4.6 You can also register as a seller using your Buyer ID. Additional terms apply to seller members of the STORE.
4.7 You can register with the STORE either on a computer or through your mobile device.
5. Privacy and your personal information
5.1 In order to make the Services available to you and process the transactions contemplated by these Terms, Samsung will have to collect information and/or personal data from you. This information may be subject to data privacy laws in your jurisdiction.
5.2 The data and/or information collected will be used in accordance with Samsung’s privacy policy. This policy explains how Samsung treats your personal information, and protects your privacy, when you use the Services.
5.3 You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. The STORE may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete.
5.4 You agree to the use of your data in accordance with Samsung’s privacy policies.
6. Ordering Applications using the STORE
6.1 To order Applications from the STORE, you will need to register with us and agree to these Terms. We only accept orders if you are 18 years or older (or if you are 13 or over but younger than 18, then when you are under parental supervision and on the understanding that a parent has agreed to these Terms on your behalf).
6.2 To order Applications, you will need to follow our ordering process. We only accept orders through this process.
6.3 On the STORE, we make available Applications either from third parties or Samsung developed Applications. In both cases, Applications are licensed to you by Samsung.
6.4 You will pay the price for the Application to Samsung or to your mobile operator if you have elected to pay via your mobile phone operator.
6.5 There will only be a legally binding order when we either deliver the Application to your device or we email you our order confirmation, whichever happens first. We are not obliged to accept your order.
7. License of Application
7.1 The contents, applications and other software applications made available through the Service are licensed, not sold, to you. Your license to each Application you obtain through the Service is subject to your acceptance of the Licensed Application End User License Agreement set forth below and you agree that the terms of this Licensed Application End User License Agreement will apply to each Application you license from the Services. All rights not expressly granted to you are reserved.
7.2 Please note that the price charged for the Application is liable to change and the currency or price may vary depending on the country of your residency.
7.3 Service license applications for end user customers, for non-commercial uses only. Applications now may be downloaded any number of times to multiple devices – providing these devices are all registered to your Samsung Apps store account. No more than 10 devices can be registered at any one time. No more than one copy of each application can be installed on a single registered device. Samsung reserve the right to withdraw applications if any of the above criteria is contravened.  Licenses are non-transferrable and non re-assignable. By reading these terms and conditions you agree to download the application you purchase only to your devices. You also acknowledge that (i) Samsung may, in its sole discretion, set, reduce or change the number of devices that you can download the applications to (ii) some applications, particularly the applications that you purchase from the device, through an application, paid or unpaid, do not allow downloading to multiple devices; and (iii) not all of your devices, regardless of platform, may qualify for multiple downloading.

7.4 You understand that the Services and Applications licensed through the Services, include a security framework using technology that protects digital information (“Security Framework”). Your usage of the Applications is limited to certain usage rules established by Samsung and its principals set out in these Terms. You acknowledge that your usage of the Applications is limited to such rules. You agree to use Applications in compliance with such rules.
8. System Requirements
8.1 Use of the Services requires a device which is compatible with the Services. Use of the Services may require a device such as a computer with the Samsung Kies application installed, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Services are not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
9. Content Classification of Applications
9.1 Where applicable, we will try and provide a content classification for each Application we place on the STORE in accordance with applicable standard classification procedures in your jurisdiction. Where the Application is developed by a third party, we will rely on the classification provided by that third party.
10. Payment Methods
10.1 You can pay for Applications either by credit card or by a mobile phone billing service.
10.2 Payment by mobile phone billing service includes P-Mo/MT. Such service may be limited or unavailable depending on mobile operators and/or telecommunication infrastructure of the country you reside in.
10.3 When you download Applications by mobile phone, Samsung shall send you an email invoice, SMS message or statement specifically setting out the price you should pay for the Applications only, exclusive of the telecommunication charges which shall be billed by the relevant mobile operator. Samsung is not liable for the telecommunication charges.
Your use of Services may entail transmission of data through services provided by mobile operators you use. Therefore, they may charge you for use of their services by way of mobile phone billing. If you license Applications by credit card, credit card companies will invoice you for the price paid for the license.
11. AGREEMENT TO PAY
11.1 You agree to pay for all Applications you license through the Services, and that Samsung may charge your payment card or credit card setting account for any Applications licensed, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Samsung with valid mobile phone billing account or credit card setting account details for payment of all fees. All fees will be billed to the mobile phone billing account or the credit card settings account, you designate during the registration process. If you want to designate a different mobile phone billing account or if there is a change in your mobile phone billing account or credit card settings account status, you must change your mobile phone billing account or credit card settings account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Samsung can verify the validity of the new mobile phone billing account or credit card settings account information.)
12. Refund Policy and cancellation rights
12.1 Applications successfully purchased are not subject to refund or cancellation.
If an Application has a material defect, the Application will be replaced, downloaded again or a coupon will be provided for an equivalent value to the purchase.
13 VAT
13.1 Payment for Applications is inclusive of value added tax at the applicable rate.
14. Proprietary rights
14.1 You acknowledge and agree that Samsung (or Samsung’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
14.2 Unless you have agreed otherwise in writing with Samsung, nothing in these Terms gives you a right to use any of Samsung’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
14.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Samsung, then you agree that your use of such features shall be in compliance with that agreement.
14.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
14.5 Unless you have been expressly authorized to do so in writing by Samsung, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
15. Software updates and availability of Services
15.1 The software which you use during the Services may automatically download and install updates from time to time from Samsung. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Samsung to deliver these to you) as part of your use of the Services.
15.2 Samsung reserves the right, in its sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. Samsung may also decide to discontinue the Services or any part thereof in its sole discretion. In such case, you will be provided with prior notification.
16. Ending your relationship with Samsung
16.1 This Agreement will continue to apply until terminated by either you or Samsung as set out below.
16.2 If you want to terminate the Agreement, you may do so by (a) notifying Samsung of your intention to terminate and (b) closing your STORE Accounts for all of the Services which you use by going through the process set out in this section, where Samsung has made this option available to you. You should notify us at the Help menu of the STORE. Upon receipt of your notice, we will give you a notice of closure of your STORE Account by email and your account will be closed. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as buyer will not affect your use of our Services as seller.
16.3 Samsung may at any time, terminate the Agreement with you by giving written notice of termination to the email address held in our records for you. Following delivery of this email notice, your account will be closed. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as buyer will not affect your use of our Services as seller.
17. Liability
17.1 Nothing in these Terms excludes our liability (if any) to you for:
• personal injury or death resulting from our negligence;
• fraud;
• any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
We do not warrant or guarantee that the Services or Applications will be:
(a) compatible with all or any hardware and software which you may use;
(b) available all the time or at any specific time, uninterrupted, secure or error free;
(c) suitable for your requirements or meet any specific level of performance or functionality; or
(d) free from viruses, interference, hacking, corruption or other security intrusions.
We reserve the right to withdraw or modify the Services at any time.
We are only liable to you for direct losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access the Services. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption. In any event, our liability to you for any breach of this Agreement, negligence or other default shall not exceed the price of the Application in question.
By using the Services, you agree to indemnify Samsung and other companies and corporations in the Samsung group against any costs, damage, claims, liabilities and expenses incurred as a result of your breach of these Terms, the privacy policy and/or any other applicable terms.
The information, documents, software and other materials contained on the STORE website are provided “as is”. We try and ensure that such materials are accurate and up to date, but we cannot be responsible for any errors, faults or inaccuracies. Our liability to you as explained above remains unaffected by this.
To the fullest extent permitted by law, we expressly exclude all representations, conditions, warranties or other terms which apply to the Services and associated content/information including any implied warranties of satisfactory quality, merchantability, fitness for a particular or any purpose or non-infringement which might otherwise apply but for this clause.
If in a relevant jurisdiction, these limitations and exclusions are not permitted then our liability shall be limited and excluded to the fullest extent permitted by law.
NB: Nothing in these Terms shall affect your statutory rights as a consumer.
18. Copyright and trade mark policies
18.1 It is Samsung’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.
19. Advertisements
19.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
19.2 The manner, mode and extent of advertising by Samsung on the Services are subject to change without specific notice to you.
19.3 In consideration of Samsung granting you access to and use of the Services, you agree that Samsung may place such advertising on the Services.
20. Other content
20.1 The Services may include hyperlinks to other web sites or content or resources. Samsung may have no control over any web sites or resources which are provided by companies or persons other than Samsung.
20.2 You acknowledge and agree that Samsung is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
20.3 You acknowledge and agree that Samsung is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
21. Changes to the Terms
21.1 Samsung may make changes to the Terms from time to time. When these changes are made, Samsung will make a new copy of the Terms available at the STORE and any new additional terms will be made available to you from within, or through, the affected Services.
21.2 You understand and agree that if you use the Services after the date on which the Terms changed, Samsung will treat your use as acceptance of the updated Terms.
22. General legal terms
22.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
22.2 The Terms and the other documents referred to within the Terms constitute the whole legal agreement between you and Samsung and govern your use of the Services (but excluding any services which Samsung may provide to you under a separate written agreement), and completely replace any prior agreements between you and Samsung in relation to the Services.
22.3 You agree that Samsung may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
22.4 You agree that if Samsung does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Samsung has the benefit of under any applicable law), this will not be taken to be a formal waiver of Samsung’s rights and that those rights or remedies will still be available to Samsung.
22.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
22.6 You acknowledge and agree that each Samsung affiliated company shall be third party beneficiaries to the Terms and shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. For the purposes of this Agreement, an affiliated company of Samsung is any company, corporation, firm, partnership or other entity that controls Samsung, is controlled by Samsung or is under common control with Samsung; the term controls and controlled meaning the ability to direct the management of the relevant entity.
22.7 You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during its term.
22.8 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.9 The Terms, and your relationship with Samsung under the Terms, shall be governed by the laws of England and Wales without regard to its conflict of laws provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in London to resolve any legal matter arising out of or connected to these Terms (including non-contractual matters). Notwithstanding this, you agree that Samsung shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Licensed Application End User License Agreement
1. APPLICATION
1.1 This end user Application licence (“Licence”) allows you to use content and other Applications (“Applications”) made available on Samsung’s Application Store (“Store”) subject to the terms of the Licence. This Licence is a legally binding agreement between you and Samsung Electronics GmbH (the “Licensor”).
2. LICENCE
2.1 Licensor grants you for the term of this Licence a limited, personal, non-exclusive, non-transferable licence to:
2.1.1 use the Application in object code executable only form on a single device for non-commercial uses;
2.1.2 download the Application any number of times onto a single device (provided that no more than one copy is installed on the single device at any one time) while the Applications are available for distribution through the Store. For clarity, Applications may be withdrawn by Samsung in case of Applications provided by Samsung and/or third parties in case of Applications provided by third parties. This Licence will apply to such copies as it applies to the original copy of the Application installed by you.
2.2 All rights not expressly granted to you under this Licence are reserved to Licensor, and you agree not to take or permit any action with respect to the Application that is not expressly authorised under this Licence. For the avoidance of doubt, you have no right to use, incorporate into other products, copy, modify, translate or transfer to any third party the Application or any modification, adaptation or copy of the Application or any part thereof, nor to decompile, reverse engineer, or disassemble the binary code of the Application, either in whole or in part, except as expressly provided in this Licence.
2.3 The Application is licensed to you only. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Application, on a temporary or permanent basis without the prior written consent of Licensor.
3. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
3.1 Your only right to use the Application is by virtue of this Licence and you acknowledge that all intellectual property rights in or relating to the Application and all parts of the Application are and shall remain the exclusive property of Licensor or its licensors.
3.2 You agree that you will not remove or alter any copyright notices or similar proprietary devices, including without limitation any electronic watermarks or other identifiers, that may be incorporated in the Application or any copy of the Application.
4. CONFIDENTIALITY
4.1 The structure, organisation and source code of the Application are the valuable trade secrets and proprietary confidential information of Licensor and its licensors. You agree not to provide or disclose any such confidential information in the Application or derived from it to any third party.
4.2 The provisions of clause 4.1 will not apply to any information which is:
4.2.1 lawfully obtained free of any duty of confidentiality (otherwise than directly or indirectly from Licensor); or
4.2.2 already in your possession, provided that Licensee can show such possession from written records (other than as a result of a breach of this clause 4); or
4.2.3 which you can demonstrate is in the public domain (other than as a result of a breach of this clause 4).
4.3 To the extent that any information is necessarily disclosed pursuant to a statutory or regulatory obligation or court order, such disclosure shall not be a breach of this clause 4 provided you do what you can to prevent any such disclosure.
5. WARRANTY AND SUPPORT
5.1 The Application is provided “as is” with no representation, guarantee or warranty of any kind as to its functionality or that it does not and will not infringe any third party rights (including intellectual property rights). Licensor has no obligation under this Licence to provide technical or other support to you.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1 Licensor does not exclude its liability (if any) to you:
6.1.1 for personal injury or death resulting from Licensor’s negligence;
6.1.2 for fraud; or
6.1.3 for any matter for which it would be illegal for Licensor to exclude or to attempt to exclude its liability.
6.2 Licensor makes no express warranties with respect to the Application and Licensor hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Application will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this Licence) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this Licence you assume the entire risk as to the quality and performance of the Application.
6.3 Subject to clause 6.1 Licensor will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
6.3.1 the Application, or the manufacture or sale or supply, or failure or delay in supply, of the Application by Licensor or on the part of Licensor’s employees, agents or sub-contractors;
6.3.2 any breach by Licensor of any of the express or implied terms of this Licence;
6.3.3 any use made of the Application; or
6.3.4 any statement made or not made, or advice given or not given, by or on behalf of Licensor.
6.4 Subject to clause 6.1 and without prejudice to clauses 6.2 and 6.3, Licensor’s aggregate liability under this Licence (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury caused by Licensor’s negligence) will be limited to the higher of the price paid by you to use the Application or £50.
6.5 You acknowledge that the above provisions of this clause 6 are reasonable given the charges made (if any) for the Application and you will accept such risk and/or insure accordingly.
6.6 Any rights that you have as a consumer are not affected by this clause 6.
7. TERM AND TERMINATION
7.1 This Licence shall commence upon the earlier of your acceptance of this Licence or your installation of the Application and shall continue until terminated in accordance with clause 7.2 or otherwise in accordance with this Licence.
7.2 This Licence will terminate automatically if fail to comply with any term or condition of this Licence or if you uninstall/destroy or voluntarily return the Application to Licensor.
7.3 Upon termination of this Licence for any reason whatsoever you must uninstall the Application and destroy, and upon request of Licensor certify the destruction of, all copies of the Application including all components of it in your possession.
7.4 The termination of this Licence howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. Clauses 2.2, 2.3, 3, 4, 5, 6, 7.3, 8, 9 and 10 of this Licence will continue to be enforceable notwithstanding termination.
8. GOVERNING LAW AND JURISDICTION
8.1 The formation, existence, construction, performance, validity and all aspects whatsoever of this Licence or of any term of this Licence will be governed by the law of England and Wales.
8.2 The courts of England and Wales will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Licence (including non-contractual matters). The parties irrevocably agree to submit to that jurisdiction.
9. COMPLIANCE WITH APPLICABLE LAW
9.1 You acknowledge and agree that notwithstanding the fact that this Licence is governed by the laws of England and Wales, you may be subject to additional laws in other jurisdictions with respect to your use of the Application. You will comply with the laws of any jurisdiction that apply to the Application, including without limitation any applicable export laws or regulations.
10. GENERAL
10.1 If any clause or part of this Licence is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Licence and will be ineffective without, as far as is possible, modifying any other clause or part of this Licence and this will not affect any other provisions of this Licence which will remain in full force and effect.
10.2 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
10.3 The exclusions and limitations of liability shall also be deemed to benefit Samsung Electronics who may rely on these terms as a third party beneficiary. Apart from this, the parties to this Licence do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
10.4 This Licence contains all the terms which the parties have agreed in relation to the subject matter of this Licence and supersedes any prior written or oral agreements, representations or understandings between the parties in relation to such subject matter.
10.5 Licensor reserves the right to revise the terms of this Licence by updating the Licence on its web site, or by notifying you by post or by e-mail. You are advised to check this Licence periodically for notices concerning revisions. Your continued use of the Application shall be deemed to constitute acceptance of any revised terms.
10.6 You will be deemed to have accepted the terms of this Licence by installing the Application onto any device.

"SUPPLEMENTARY FAMILY STORY TERMS OF SERVICE"

PLEASE READ THESE TERMS OF SERVICE FOR THE FAMILY STORY SERVICES CAREFULLY BEFORE USING THE FAMILY STORY SERVICES. These supplementary terms of service for the Family Story services (the “Family Story TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the Family Story services. The Family Story TOS supplements the general terms of service that you may have already agreed to as a Samsung TV user or as a Samsung Account holder. For those of you who have not agreed to either aforementioned set of general terms of service, please read the Samsung Account Terms and Conditions. Even though the most critical and important service terms are covered here in the Family Story TOS, you acknowledge and agree that the general and more detailed service terms from the Samsung Account Terms and Conditions that are applicable to the Family Story services, particularly the limitation of liabilities provisions, are incorporated by reference into this Family Story TOS. In case of any inconsistency or conflict between the Family Story TOS and any other Samsung terms and conditions, including Samsung Account Terms and Conditions, the Family Story TOS shall prevail in relation to the Family Story services.

1. Acceptance of the Family Story TOS

1.1 BY USING THE FAMILY STORY SERVICES, YOU AGREE TO BE BOUND BY THIS FAMILY STORY TOS. IF YOU DO NOT AGREE TO THE FAMILY STORY TOS, PLEASE DO NOT USE THE FAMILY STORY SERVICES.

1.2 Also, if you are not of legal age or legal capacity to form a binding contract with Samsung, or if you are barred from using the Family Story services in the country in which you reside or are attempting to use the Family Story services, you may not use the Family Story services.

2. Provision of the Family Story services by Samsung

2.1 Samsung grants you a non-exclusive, non-transferable, limited right and licence to access and use the Family Story services for your personal use only, provided that you comply fully with these Family Story TOS. You shall not interfere or attempt to interfere with the operation or use of Family Story services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Family Story TOS or the Family Story services, at any time, with or without prior notice to you. In particular, Samsung may change the amount of storage space as well as access policies that apply to such storage space. Your continued use of the Family Story services shall be deemed to be your acceptance of any such changes.

2.2 You acknowledge and agree that your access to the Family Story services may be disabled or disrupted in certain situations, temporarily or not. Therefore, you should always store and save your important files and account details elsewhere as well. If there is any breach of the Family Story TOS on your part, Samsung reserves the right to delete your files and information from the storage space.

2.3 You acknowledge and agree that the Family Story services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.

2.4 You acknowledge and agree that your use of the Family Story services requires your device’s access or connection via mobile network or Internet. You are entirely responsible for any costs that you may incur for such access or connection via mobile network or Internet in connection with your use of the Family Story services.

3. Your use of the Family Story services

3.1 You acknowledge and agree that all information and data that you may have access to through the Family Story services are the sole responsibility of the person from which such information or data originated. You are solely responsible for your interactions with other users of the Family Story services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

3.2 Unless you have express right to use the information or data that originates from others, you may not modify, sell, distribute, create derivative works or otherwise use or take advantage of such information or data.

3.3 You understand that by using the Family Story services, you may be exposed to content that is offensive or objectionable to you.

3.4 For certain Family Story services, you may be required to provide information about yourself or to be a registered Samsung Account user. You agree that the information you provide to Samsung is accurate, correct and up-to-date.

3.5 You may not use the Family Story services for any purpose that is unlawful or prohibited by the Family Story TOS. You are specifically prohibited from using the Family Story services in connection with any activity that (i) is in violation of any third party’s rights, including intellectual property rights; (ii) is pornographic, abusive, threatening, defamatory, or otherwise illegal, or fails to conform with Samsung’s content guidelines; or (iii) contains viruses or other harmful software, code or other means that impact or limit the Family Story services or the devices running the services.

3.6 Samsung may respond to notices of alleged copyright infringement by reviewing your content and complying with applicable intellectual property laws and regulations. For a serious or repeated violation of third party intellectual property rights, Samsung reserves the right, in its sole discretion, to terminate your right to use the Family Story services.

3.7 Samsung’s software that you utilise for the Family Story services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the Family Story services.

4. Protection of privacy and content

4.1 Samsung is committed to the protection of your personal data, including the content you upload to the Family Story services. For information about Samsung’s privacy policy for the Family Story services, please read the Privacy Policy.

4.2 You agree that you will comply with the Family Story Privacy Policy.

4.3 You agree that you are solely responsible for maintaining the confidentiality of your passwords or other access keys associated with your use the Family Story services. In case of any unauthorised access or use of your account or your data, you shall notify Samsung immediately.







PLEASE READ THESE TERMS OF SERVICE FOR THE SAMSUNG MUSIC/MUSIC HUB SERVICES CAREFULLY BEFORE USING THE SAMSUNG MUSIC/MUSIC HUB SERVICES. The Samsung Music/Music Hub Services offer a platform for downloading and listening of music contents (“Contents”) onto and with your mobile telephone or other communications device, as authorized by Samsung (each, an “Authorized Device”). These supplementary terms of service for the Samsung Music/Music Hub services (the “Samsung Music/Music Hub TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the Samsung Music/Music Hub services. The Samsung Music/Music Hub TOS supplements the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this Samsung Music/Music Hub TOS) when opening a single sign on user account with Samsung (the "Samsung Account"). For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided through this link http://account.samsung.com/membership/terms or shown along with this Samsung Music/Music Hub TOS and open a new Samsung Account before using the Samsung Music/Music Hub services. Even though the most critical and important service terms are covered here in the Samsung Music/Music Hub TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the Samsung Music/Music Hub services are incorporated by reference into this Samsung Music/Music Hub TOS. In case of any inconsistency or conflict between the Samsung Music/Music Hub TOS and the Service Terms and Conditions, the Samsung Music/Music Hub TOS shall prevail in relation to the Samsung Music/Music Hub services.

1. Acceptance of the Samsung Music/Music Hub TOS

1.1 BY USING THE SAMSUNG MUSIC/MUSIC HUB SERVICES, YOU AGREE TO BE BOUND BY THIS SAMSUNG MUSIC/MUSIC HUB TOS. IF YOU DO NOT AGREE TO THE SAMSUNG MUSIC/MUSIC HUB TOS, PLEASE DO NOT USE THE SAMSUNG MUSIC/MUSIC HUB SERVICES.

1.2 THE SAMSUNG MUSIC/MUSIC HUB SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the Samsung Music/Music Hub services, you agree to: (i) exercise supervision over the minor's use of the Samsung Music/Music Hub services; (ii) assume all risks associated with the minor’s use of Contents or other content received through the Samsung Music/Music Hub services including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume liabilities resulting from the minor’s use of the Samsung Music/Music Hub services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.

2. Provision of the Samsung Music/Music Hub Services by Samsung

2.1 Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the Samsung Music/Music Hub services for your personal use only, provided that you comply fully with these Samsung Music/Music Hub TOS. You shall not interfere or attempt to interfere with the operation or use of Samsung Music/Music Hub services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Samsung Music/Music Hub TOS at any time, with or without prior notice to you. Your continued use of the Samsung Music/Music Hub services shall be deemed to be your acceptance of any such changes.

2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these Samsung Music/Music Hub TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate your use of the Samsung Music/Music Hub services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Samsung Music/Music Hub services and/or the Contents, in whole or in part.

2.3 You acknowledge and agree that the Samsung Music/Music Hub services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung You agree that any third party that provides Samsung with Contents for distribution via the Samsung Music/Music Hub services is hereby deemed an intended third party beneficiary of these Samsung Music/Music Hub TOS and shall have the right to enforce any and all obligations of users of the Samsung Music/Music Hub services under these Samsung Music/Music Hub TOS to the same extent as if such third party Contents provider were a party to these Samsung Music/Music Hub TOS and in every respect, at law or in equity.

2.4 Use of the Samsung Music/Music Hub services requires one or more compatible Authorized Devices, access or connection via mobile network or Internet (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Samsung Music/Music Hub services involves hardware, software, and Internet access, your ability to use the Samsung Music/Music Hub services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

3. Your Use of the Samsung Music/Music Hub Services

3.1 In order to use the Samsung Music/Music Hub services you are required to already have or newly open a Samsung Account. In addition to the registration data provided about yourself when opening the Samsung Account ("Registration Data") you may be required to provide additional information about yourself before you can continue to use the Samsung Music/Music Hub services ("Additional Data"). Such Additional Data may include but shall not be limited to payment information, your identity card number or other age verification information etc. You agree to provide accurate, current, and complete Additional Data and to update your Additional Data as required in order to keep it accurate, current and complete. You agree that Samsung may store and use the Registration Data and the Additional Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for use in maintaining your account and billing fees to you.

3.2 The Samsung Music/Music Hub services will include music store services as well as music streaming services. Some services are only available with internet connection, while some are available off-line. Some features of the services enable you to upload your music collection to the cloud server and allow you to access your music collection from multiple Authorized Devices. For detailed descriptions of Samsung Music/Music Hub services, please see the Samsung Music/Music Hub homepage. Notwithstanding the foregoing, Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove or otherwise change any portions of the Samsung Music/Music Hub services at any time, with or without prior notice to you. Not all the services will be available in all countries or on all devices.

3.3 The Contents and Samsung Music/Music Hub services are provided by Samsung pursuant to agreements between Samsung and Contents providers under which the Contents providers license certain specific rights related to the Contents. These agreements may require Samsung to black-out and restrict the availability of and your access to certain Contents or services for periods of time determined by Samsung and the Contents providers.

3.4. The ability to download or stream Contents from the Samsung Music/Music Hub services may be available to you only in your resident country and not available in any other location. If subject to such territorial restrictions, either imposed by Samsung or Contents provider, you agree not to access or use or attempt to access or use the Samsung Music/Music Hub services from outside of your country. Samsung may use technologies to verify such compliance.

3.5 You understand that by using the Samsung Music/Music Hub services, you may encounter content that may be deemed offensive, indecent, explicit or objectionable. You agree to use the Samsung Music/Music Hub services at your sole risk and that Samsung shall have no liability to you for content that may be found to be offensive, indecent, explicit or objectionable. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy.

3.6 Samsung reserves the right to gather data on Samsung Music/Music Hub services usage including license key numbers, and other information deemed relevant, to ensure that the Samsung Music/Music Hub services is being used in accordance with these Samsung Music/Music Hub TOS. Any unauthorized use shall be considered by Samsung to be a violation of these Samsung Music/Music Hub TOS. Samsung reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys or access to the Samsung Music/Music Hub services to the credit card or wireless carrier account used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the Samsung Music/Music Hub TOS. Any blocking of data required for compliance under the Samsung Music/Music Hub TOS is considered to be violation of the Samsung Music/Music Hub TOS and may result in immediate termination of your right to use the Samsung Music/Music Hub services.

3.7 You may not use the Samsung Music/Music Hub services for any purpose that is unlawful or prohibited by the Samsung Music/Music Hub TOS. You are specifically prohibited from using the Samsung Music/Music Hub services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. In particular, you may not circumvent any technology used by Samsung its licensors, or any third party to protect Contents accessible through Samsung Music/Music Hub.

3.8 Samsung’s software that you utilize for the Samsung Music/Music Hub services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the Samsung Music/Music Hub services.

4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the content you upload to the Samsung Music/Music Hub services. For information about Samsung’s privacy policy for the Samsung Music/Music Hub services, please read the Samsung Account Privacy Policy http://account.samsung.com/membership/pp. You agree that you will comply with the Samsung Account Privacy Policy.

4.2 You agree and acknowledge that certain information regarding your use of your Samsung Music/Music Hub services, particularly the Contents you access, will be automatically processed and analyzed to provide recommendations as part of your use of the Samsung Music/Music Hub services.

4.3 Samsung respects the intellectual property of others, and we ask you to do the same. Samsung may, in appropriate circumstances and at its discretion, terminate or suspend your access and use of the Samsung Music/Music Hub services if you infringe the intellectual property rights of others. In such cases, Samsung shall have no liability or responsibility to you, and Samsung will not refund any portion of your fees charged to date. If you believe that your work is the subject of copyright infringement and appears on Samsung Music/Music Hub, please provide mSpot's copyright agent the following information:


• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work

• identification of the URL or other specific location on Samsung Music/Music Hub where the material that you claim is infringing is located

• your address, telephone number, and email address

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Samsung’s agent for notice of claims of copyright infringement on the Samsung Music/Music Hub can be reached as follows:

US Mail:
Mspot, INC.
455 Portage Ave, Suite A
Palo Alto, CA 94306 USA
Attn: Customer Service

Email:copyright@mspot.com
Phone:  (1)  650-321-7000      

5. Fees & Subscription

5.1 The price of any Contents or any of the paid-for services will be the price specified in the applicable services at the time of your purchase. By purchasing the right to use any Content or any of the paid-for Samsung Music/Music Hub services, you warrant that you are the authorized purchaser and that the billing information provided is accurate. Samsung will not issue refunds based upon inaccuracies represented by the purchaser. By approving the purchase of the right to use the Content or services, you authorize Samsung or its partners and affiliates to charge you for the purchase (including taxes and other applicable fees), and you expressly agree that Samsung may charge such purchase prices to your credit card, wireless carrier account or other payment processor as applicable as they are incurred. You are responsible for the timely payment of all fees and costs and for providing Samsung with valid payment account details for payment of all fees and costs. All charges will be billed to the account you designate during the registration process. If you want to designate a different account or if there is a change in your account status, you must accurately update your payment account information.

5.2 Your total price will include the price of the Contents and/or paid-for services plus any applicable sales or other tax (in effect on the day of purchase). Samsung reserves the right to change prices for Contents or any paid-for service offered through the Samsung Music/Music Hub services at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

5.3 Your subscription to the Samsung Music/Music Hub subscription service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term. Such renewal will be for a monthly subscription term.

6. Warranties, Representations and Liability

6.1 THE SAMSUNG MUSIC/MUSIC HUB SERVICES, AND ALL CONTENTS DELIVERED TO YOU VIA THE SAMSUNG MUSIC/MUSIC HUB SERVICES, IS PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. REGARDING THE SAMSUNG MUSIC/MUSIC HUB SERVICES SAMSUNG'S WARRANTIES, REPRESENTATIONS AND LIABILITY AS SET FORTH IN THE SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SAMSUNG MUSIC/MUSIC HUB SERVICES BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS.







PLEASE READ THESE TERMS OF SERVICE FOR THE VIDEO HUB SERVICES CAREFULLY BEFORE USING THE VIDEO HUB SERVICES. The Video Hub Services offer a platform for downloading and viewing of movies, television shows, games and other entertainment contents (“Media”) onto and with your mobile telephone or other communications device, as authorized by Samsung (each, an “Authorized Device”). These supplementary terms of service for the Video Hub services (the “Video Hub TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the Video Hub services. The Video Hub Services are provided by Samsung Electronics GmbH, having its registered office in Samsung House, Am Kronberger Hang 6, 65824 Schwalbach / Ts., Germany, VAT registration no. (UST-ID) DE811710402, telephone number (+49-6196-661130) and e-mail address (videohubcs@samsung.com), registered in the commercial register of the local court (Amtsgericht) of Königstein, Germany, under no. HRB 4657. The Video Hub TOS supplements the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to when opening a single sign on user account with Samsung (the "Samsung Account"). For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided through this link or under and open a new Samsung Account before using the Video Hub services. Even though the most critical and important service terms are covered here in the Video Hub TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the Video Hub services are incorporated by reference into this Video Hub TOS. In case of any inconsistency or conflict between the Video Hub TOS and the Service Terms and Conditions, the Video Hub TOS shall prevail in relation to the Video Hub services.
1. Acceptance of the Video Hub TOS

1.1 BY USING THE VIDEO HUB SERVICES, YOU AGREE TO BE BOUND BY THIS VIDEO HUB TOS. IF YOU DO NOT AGREE TO THE VIDEO HUB TOS, PLEASE DO NOT USE THE VIDEO HUB SERVICES.

1.2 THE VIDEO HUB SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 14. IF YOU ARE UNDER 14 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 14 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the Video Hub services, you agree to: (i) exercise supervision over the minor's use of the Video Hub services; (ii) assume all risks associated with the minor’s use of Media or other content received through the Video Hub services including the transmission of materials, content or other information to and from third parties via the internet; (iii) assume liabilities resulting from the minor’s use of the Video Hub services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.


2. Provision of the Video Hub Services by Samsung

2.1 Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the Video Hub services for your personal use only, provided that you comply fully with these Video Hub TOS. You shall not interfere or attempt to interfere with the operation or use of Video Hub services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Video Hub TOS .

2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these Video Hub TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung may: (i) terminate your use of the Video Hub services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Video Hub services and/or the Media, in whole or in part.

2.3 You acknowledge and agree that the Video Hub services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung. You agree that any third party that provides Samsung with Media for distribution via the Video Hub services is hereby deemed an intended third party beneficiary of these Video Hub TOS and shall have the right to enforce any and all obligations of users of the Video Hub services under these Video Hub TOS to the same extent as if such third party Media provider were a party to these Video Hub TOS and in every respect, at law or in equity.

2.4 Use of the Video Hub services requires one or more compatible Authorized Devices, access or connection via mobile network or internet (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Video Hub services involves hardware, software, and internet access, your ability to use the Video Hub services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

3. Your Use of the Video Hub Services

3.1 In order to use the Video Hub services you are required to already have or newly open a Samsung Account. In addition to the registration data provided about yourself when opening the Samsung Account ("Registration Data") you may be required to provide additional information about yourself before you can continue to use the Video Hub services, purchasing Media, or activating pre-loaded or pre-purchased Media through the Video Hub services ("Additional Data"). Such Additional Data may include but shall not be limited to payment information, your identity card number or other age verification information etc. You agree to provide accurate, current, and complete Additional Data and to update your Additional Data as required in order to keep it accurate, current and complete. You agree that Samsung may store and use the Registration Data and the Additional Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for use in maintaining your account and billing fees to you.

3.2 Media may be downloaded via the Video Hub services on a rental basis or on a so-called "electronic sell-through" ("EST") basis. For Media downloaded on a rental basis, a single transaction is the rental and viewing (within the geographic limits described elsewhere in the Video Hub services interface or any related documentation) of an individual Media file for the time period displayed during the rental process. For Media downloaded on an EST basis, a single transaction is retaining a copy of an individual Media file to view, use and privately display solely for non-commercial purposes. Fees associated with a single transaction are non-recurring. In addition, Samsung reserves the right to change the cost of renting or purchasing Media titles from time to time, with or without prior notice, and the fee applicable to your transaction will be the fee that was in effect at the time of the transaction. Each Media title that is downloaded on an EST basis may be viewed on no more than five (5) Authorized Devices concurrently (or such lesser number as required under the license granted by the Media provider).  Samsung reserves the right to limit the number of times you may re-download a Media title after it is initially downloaded.  A rented Media title may be viewed on only one (1) Authorized Device, unless otherwise stated at the time of rental.  If streaming is permitted on the Video Hub services, a Media title may be streamed only to one (1) Authorized Device at a time.  Rented Media can only be accessed on one device at a time (the device you start watching the content on) and must be viewed within thirty (30) days from the date of the rental transaction (or such lesser time as the Media title may be available).  You may stop and restart viewing of rented Media titles, provided however that once you begin to view a rented Media title you will only have forty eight (48) consecutive hours to view the Media title, unless a different time period is stated at the time of rental.  Stopping, pausing or restarting a rented Media title does not extend the available viewing time.  In no event will a rented Media title be available for a period of more than thirty (30) days. Once a Media title is purchased or rented (as applicable) and you receive the Media title, the safekeeping of the Media title from loss, destruction or damage is your responsibility, and Samsung shall be without liability to you in the event of any loss, destruction, or damage.

3.3 The Media is provided by Samsung via the Video Hub services pursuant to agreements between Samsung and Media providers under which the Media providers license certain specific rights related to the Media. These agreements may require Samsung to black-out and restrict the availability of and your access to certain Media, including Media that you have already downloaded, for periods of time determined by Samsung and the Media providers. On occasion, a Media file may become unavailable following a transaction but prior to download. Your sole and exclusive remedy under such circumstances is a refund of the price paid for the unavailable Media.

3.4 The ability to download Media from the Video Hub services may be available to you only in your resident country and not available in any other location. Subject to such territorial restrictions, either imposed by Samsung or Media provider, you agree not to access or use or attempt to access or use the Video Hub services from outside of your country. Samsung may use technologies to verify such compliance.

3.5 You understand that by using the Video Hub services, you may encounter content that may be deemed offensive, indecent, explicit or objectionable. You agree to use the Video Hub services at your sole risk and that Samsung shall have no liability to you for content that may be found to be offensive, indecent, explicit or objectionable. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy.

3.6 Samsung reserves the right to gather data on Video Hub services usage including license key numbers, and other information deemed relevant, to ensure that the Video Hub services is being used in accordance with these Video Hub TOS. Except as permitted in these Video Hub TOS, Samsung expressly prohibits simultaneous, multiple installations of our Video Hub services without prior written approval. Any unauthorized use shall be considered by Samsung to be a violation of these Video Hub TOS. Samsung reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys or access to the Video Hub services to the credit card or wireless carrier account used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the Video Hub TOS. Any blocking of data required for compliance under the Video Hub TOS is considered to be a violation of the Video Hub TOS and may result in immediate termination of your right to use the Video Hub services.

3.7 You may not use the Video Hub services for any purpose that is unlawful or prohibited by the Video Hub TOS. You are specifically prohibited from using the Video Hub services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations.

3.8 Samsung’s software that you utilize for the Video Hub services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the Video Hub services.

3.9 Samsung reserves the right to change the Video Hub services and the Media titles that are available on the Video Hub services without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its licensors reserve the right to change, suspend, remove, or disable access to the Video Hub services, in whole or in part, and/or any Media at any time without notice for any reason or no reason at all, and in no event will Samsung be liable for any claims, costs, or damages caused by or arising out of such actions.


4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the content you upload to the Video Hub services. For information about Samsung’s privacy policy for the Video Hub services, please read the Samsung Account Privacy Policy. You agree that you will comply with the Samsung Account Privacy Policy.

5. Fees

5.1 The Video Hub services will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth by Samsung. The license fees paid by you are paid in consideration of the license granted under this Agreement. You agree to pay the charges that correspond to all content you download through the Video Hub services at the time of the download (including taxes and other applicable fees), and you expressly agree that Samsung may charge such fees and costs to your credit card, wireless carrier account or other payment processor as applicable as they are incurred. You are responsible for the timely payment of all fees and costs and for providing Samsung with valid payment account details for payment of all fees and costs. All charges will be billed to the account you designate during the registration process. If you want to designate a different account or if there is a change in your account status, you must accurately update your payment account information.

5.2 Your total price will include the price of the Media plus any applicable sales or other tax (in effect on the day of download). Samsung reserves the right to change prices for Media offered through the Video Hub services at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

6. Warranties, Representations and Liability

6.1 THE VIDEO HUB SERVICES, AND ALL MEDIA DELIVERED TO YOU VIA THE VIDEO HUB SERVICES, IS PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE”. REGARDING THE VIDEO HUB SERVICES OR ANY MEDIA SAMSUNG'S WARRANTIES, REPRESENTATIONS AND LIABILITY AS SET FORTH IN THE SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE VIDEO HUB SERVICES OR ANY MEDIA BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS. THE SAME APPLIES TO SAMSUNG'S LIABILITY REGARDING THE VIDEO HUB SERVICES OR ANY MEDIA.






SUPPLEMENTARY SAMSUNG LEARNING / LEARNING HUB TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE FOR THE SAMSUNG LEARNING / LEARNING HUB SERVICES CAREFULLY BEFORE USING THE SAMSUNG LEARNING / LEARNING HUB SERVICES. The Samsung Learning / Learning Hub Services offer a platform for downloading, viewing, reading and use of books, instructions and other learning materials (“Contents”) onto and with your mobile telephone or other communications devices, as authorized by Samsung (each, an “Authorized Device”). These supplementary terms of service for the Samsung Learning / Learning Hub services (the “Samsung Learning / Learning Hub TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the Samsung Learning / Learning Hub services. The Samsung Learning / Learning Hub TOS supplements the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this Samsung Learning / Learning Hub TOS) when opening a single sign on user account with Samsung (the "Samsung Account"). For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided through this link and open a new Samsung Account before using the Samsung Learning / Learning Hub services. Even though the most critical and important service terms are covered here in the Samsung Learning / Learning Hub TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the Samsung Learning / Learning Hub services are incorporated by reference into this Samsung Learning / Learning Hub TOS. In case of any inconsistency or conflict between the Samsung Learning / Learning Hub TOS and the Service Terms and Conditions, the Samsung Learning / Learning Hub TOS shall prevail in relation to the Samsung Learning / Learning Hub services.

1. Acceptance of the Samsung Learning / Learning Hub TOS

1.1 BY USING THE SAMSUNG LEARNING / LEARNING HUB SERVICES, YOU AGREE TO BE BOUND BY THIS SAMSUNG LEARNING / LEARNING HUB TOS. IF YOU DO NOT AGREE TO THE SAMSUNG LEARNING / LEARNING HUB TOS, PLEASE DO NOT USE THE SAMSUNG LEARNING / LEARNING HUB SERVICES.

1.2 THE SAMSUNG LEARNING / LEARNING HUB SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the Samsung Learning / Learning Hub services, you agree to: (i) exercise supervision over the minor's use of the Samsung Learning / Learning Hub services; (ii) assume all risks associated with the minor’s use of Contents or other content received through the Samsung Learning / Learning Hub services including the transmission of materials, content or other information to and from third parties via the internet; (iii) assume liabilities resulting from the minor’s use of the Samsung Learning / Learning Hub services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor[SAMSUNG1].

2. Provision of the Samsung Learning / Learning Hub Services by Samsung

2.1 Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the Samsung Learning / Learning Hub services for your personal use only, provided that you comply fully with these Samsung Learning / Learning Hub TOS. You shall not interfere or attempt to interfere with the operation or use of Samsung Learning / Learning Hub services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Samsung Learning / Learning Hub TOS .

2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these Samsung Learning / Learning Hub TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate your use of the Samsung Learning / Learning Hub services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Samsung Learning / Learning Hub services and/or the Contents, in whole or in part.

2.3 You acknowledge and agree that the Samsung Learning / Learning Hub services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung. You agree that any third party that provides Samsung with Contents for distribution via the Samsung Learning / Learning Hub services is hereby deemed an intended third party beneficiary of these Samsung Learning / Learning Hub TOS and shall have the right to enforce any and all obligations of users of the Samsung Learning / Learning Hub services under these Samsung Learning / Learning Hub TOS to the same extent as if such third party Contents provider were a party to these Samsung Learning / Learning Hub TOS and in every respect, at law or in equity.

2.4 Use of the Samsung Learning / Learning Hub services requires one or more compatible Authorized Devices, access or connection via mobile network or Internet (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Samsung Learning / Learning Hub services involves hardware, software, and Internet access, your ability to use the Samsung Learning / Learning Hub services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

3. Your Use of the Samsung Learning / Learning Hub Services

3.1 In order to use the Samsung Learning / Learning Hub services you are required to already have or newly open a Samsung Account. In addition to the registration data provided about yourself when opening the Samsung Account ("Registration Data") you may be required to provide additional information about yourself before you can continue to use the Samsung Learning / Learning Hub services, purchasing Contents, or activating pre-loaded or pre-purchased Contents through the Samsung Learning / Learning Hub services ("Additional Data"). Such Additional Data may include but shall not be limited to payment information, your identity card number or other age verification information etc. You agree to provide accurate, current, and complete Additional Data and to update your Additional Data as required in order to keep it accurate, current and complete. You agree that Samsung may store and use the Registration Data and the Additional Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for use in maintaining your account and billing fees to you.

3.2 You may purchase Contents via the Samsung Learning / Learning Hub services, and you will be able to retain, view, read and use such purchased Contents solely for non-commercial purposes, for the specific period that your purchase qualifies for, either through streaming or downloading, or in combination, as the case may be. Fees associated with such transaction are non-recurring. In addition, Samsung, as agent of the Contents provider, reserves the right to change the cost of purchasing Contents titles from time to time, with or without prior notice, and the fee applicable to your transaction will be the fee that was in effect at the time of the transaction. Each purchased Contents title may be used on no more than 5 Authorized Devices concurrently (or such lesser number as required under the license granted by the Contents provider).  Samsung reserves the right to limit the number of times you may re-download a Contents title after it is initially downloaded.  Unless otherwise stipulated, any Contents title you purchase shall be normally available for re-download for a period of one (1) year. Once a Contents title is purchased and you receive the Contents title, the safekeeping of the Contents title from loss, destruction or damage is your responsibility, and Samsung shall be without liability to you in the event of any loss, destruction, or damage.

3.3 The Contents is provided by Samsung via the Samsung Learning / Learning Hub services pursuant to agreements between Samsung and Contents providers under which the Contents providers license certain specific rights related to the Contents. These agreements may require Samsung to black-out and restrict the availability of and your access to certain Contents, including Contents that you have already downloaded, for periods of time determined by Samsung and the Contents providers. On occasion, a Contents file may become unavailable following a transaction but prior to download. Your sole and exclusive remedy under such circumstances is a refund of the price paid for the unavailable Contents.

3.4 The ability to download Contents from the Samsung Learning / Learning Hub services may be available to you only in your resident country and not available in any other location. If subject to such territorial restrictions, either imposed by Samsung or Contents provider, you agree not to access or use or attempt to access or use the Samsung Learning / Learning Hub services from outside of your country. Samsung may use technologies to verify such compliance.

3.5 You understand that by using the Samsung Learning / Learning Hub services, you may encounter content that may be deemed offensive, indecent, explicit or objectionable. You agree to use the Samsung Learning / Learning Hub services at your sole risk and that Samsung shall have no liability to you for content that may be found to be offensive, indecent, explicit or objectionable. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy. You also agree that some Contents may contain advertising, as originally inserted by the Contents provider. Samsung reserves a right to utilize its advertizing service in conjunction with the Samsung Learning / Learning Hub services.

3.6 Samsung reserves the right to gather data on Samsung Learning / Learning Hub services usage including license key numbers, and other information deemed relevant, to ensure that the Samsung Learning / Learning Hub services is being used in accordance with these Samsung Learning / Learning Hub TOS. Except as permitted in these Samsung Learning / Learning Hub TOS, Samsung expressly prohibits simultaneous, multiple installations of our Samsung Learning / Learning Hub services without prior written approval. Any unauthorized use shall be considered by Samsung to be a violation of these Samsung Learning / Learning Hub TOS. Samsung reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys or access to the Samsung Learning / Learning Hub services to the credit card or wireless carrier account used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the Samsung Learning / Learning Hub TOS. Any blocking of data required for compliance under the Samsung Learning / Learning Hub TOS is considered to be a violation of the Samsung Learning / Learning Hub TOS and may result in immediate termination of your right to use the Samsung Learning / Learning Hub services.

3.7 You may not use the Samsung Learning / Learning Hub services for any purpose that is unlawful or prohibited by the Samsung Learning / Learning Hub TOS. You are specifically prohibited from using the Samsung Learning / Learning Hub services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations.

3.8 Samsung’s software that you utilize for the Samsung Learning / Learning Hub services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the Samsung Learning / Learning Hub services.

3.9 Samsung reserves the right to change the Samsung Learning / Learning Hub services and the Contents titles that are available on the Samsung Learning / Learning Hub services without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its licensors reserve the right to change, suspend, remove, or disable access to the Samsung Learning / Learning Hub services, in whole or in part, and/or any Contents at any time without notice for any reason or no reason at all, and in no event will Samsung be liable for any claims, costs, or damages caused by or arising out of such actions.

4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the content you upload to the Samsung Learning / Learning Hub services. For information about Samsung’s privacy policy for the Samsung Learning / Learning Hub services, please read the Samsung Account Privacy Policy. You agree that you will comply with the Samsung Account Privacy Policy.

5. Fees

5.1 The Samsung Learning / Learning Hub services will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth by Samsung. The license fees paid by you are paid in consideration of the license granted under this Agreement. You agree to pay the charges that correspond to all content you download through the Samsung Learning / Learning Hub services at the time of the download (including taxes and other applicable fees), and you expressly agree that Samsung may charge such fees and costs to your credit card, wireless carrier account or other payment processor as applicable as they are incurred. You are responsible for the timely payment of all fees and costs and for providing Samsung with valid payment account details for payment of all fees and costs. All charges will be billed to the account you designate during the registration process. If you want to designate a different account or if there is a change in your account status, you must accurately update your payment account information.

5.2 Your total price will include the price of the Contents plus any applicable sales or other tax (in effect on the day of download). Samsung reserves the right to change prices for Contents offered through the Samsung Learning / Learning Hub services at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.js

5.3 You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, excise or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transactions contemplated under this Agreement.

6. Warranties, Representations and Liability

6.1 THE SAMSUNG LEARNING / LEARNING HUB SERVICES, AND ALL CONTENTS DELIVERED TO YOU VIA THE SAMSUNG LEARNING / LEARNING HUB SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”. REGARDING THE SAMSUNG LEARNING / LEARNING HUB SERVICES OR ANY CONTENTS SAMSUNG'S WARRANTIES, REPRESENTATIONS AND LIABILITY AS SET FORTH IN THE SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SAMSUNG LEARNING / LEARNING HUB SERVICES OR ANY CONTENTS BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS. THE SAME APPLIES TO SAMSUNG'S LIABILITY REGARDING THE SAMSUNG LEARNING / LEARNING HUB SERVICES OR ANY CONTENTS.



< SUPPLEMENTARY PERSONAL DATA MANAGEMENT TERMS OF SERVICE >

PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR THE PERSONAL DATA MANAGEMENT (“PDM”) SERVICES CAREFULLY BEFORE USING THE PDMSERVICES. The PDMServices offer storing (and automatically transferring to your other PDM-enabled devices) some of your personal content, such as you contacts and calendars, as well as backing-up of some of yourpersonal contents created or received through a qualifying Samsung phone. The contents that qualify for the PDM Services are referred as “Contents”. These supplementary terms of service for the PDM services (the “PDM TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the PDM services. The PDM TOS supplements the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this PDMTOS) when opening a single sign on user account with Samsung (the "Samsung Account"). For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided through this link or under [https://account.samsung.com/membership/terms]and open a new Samsung Account before using the PDM services.Even though the most critical and important service terms are covered here in the PDM TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the PDM servicesare incorporated by reference into this PDM TOS. In case of any inconsistency or conflict between the PDM TOS and theService Terms and Conditions, the PDM TOS shall prevail in relation to the PDM services.

1. Acceptance of the PDM TOS

1.1 BY USING THE PDM SERVICES, YOU AGREE TO BE BOUND BY THIS PDM TOS. IF YOU DO NOT AGREE TO THE PDMTOS, PLEASE DO NOT USE THE PDMSERVICES.

1.2 THE PDMSERVICESARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the PDM services, you agree to: (i) exercise supervision over the minor's use of the PDM services; (ii) assume all risks associated with the minor’s use of Contents or other content received through the PDM services including the transmission of materials, content or other information to and from third parties via the internet; (iii) assume liabilities resulting from the minor’s use of the PDM services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.

2. Provision of the PDM Services by Samsung

2.1 The PDM services are available for qualifying Samsung devices. If your Samsung device qualifies for the PDM services, Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the PDM services for your personal use only, provided that you comply fully with these PDM TOS. You shall not interfere or attempt to interfere with the operation or use of PDM services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the PDMTOS .

2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these PDM TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate your use of the PDM services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the PDM services and/or the Contents, in whole or in part.

2.3 You acknowledge and agree that the PDM services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.

3. Your Use of the PDM Services

3.1 In order to use the PDM services you are required to already have or newly open a Samsung Account. In addition to the registration data provided about yourself when opening the Samsung Account you may be required to provide additional information about yourself before you can continue to use the PDM services.

3.2 The PDM services let you store your Content, such as you contacts, calendars, bookmarks and S-Memos as well as automatically push such stored Content ontoyour mobile telephone or other communications devices, as authorized by Samsung (each, an “Authorized Device”).The PDM services also automatically back-up some of your phone-specific information such as call logs, SMS/MMS and device settings information. Samsung plans to service additional categories of contents, either as part of the PDM Services or in deep integration with the PDM Services.

3.3 Use of the PDM services requires one or more compatible Authorized Devices, access or connection via mobile network or Internet (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the PDM services involves hardware, software, and Internet access, your ability to use the PDM services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

3.4 The PDM services may not be available to you in all languages or in all countries.

3.5 You may not use the PDM services for any purpose that is unlawful or prohibited by the PDM TOS. You are specifically prohibited from using the PDM services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations.

3.6 Samsung’s software that you utilize for the PDM services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the PDM services.

3.7 Samsung reserves the right to change the PDM services without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung reserves the right to change, suspend, remove, or disable access to the PDM services, in whole or in part at any time without notice for any reason or no reason at all, and in no event will Samsung be liable for any claims, costs, or damages caused by or arising out of such actions.

4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the content you upload to the PDM services. For information about Samsung’s privacy policy for the PDM services, please read the Samsung Account Privacy Policy [https://account.samsung.com/membership/pp].You agree that you will comply with the Samsung Account Privacy Policy.

5. Fees

5.1 Even though the PDM services will be initially offered to you free of charge, Samsung reserves a right to add for fee-charging features and functionalities in the future.

6. Warranties, Representations and Liability

6.1 THE PDM SERVICESIS PROVIDED “AS IS” AND “AS AVAILABLE”. REGARDING THE PDM SERVICES SAMSUNG'S WARRANTIES, REPRESENTATIONS AND LIABILITY AS SET FORTH IN THE SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE PDM SERVICES BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS.

6.2 You are responsible for backing up your Contents to your own storage devices or media as Samsung does not guarantee or warrant that you will always be able to retrieve the Content you store or back up through the PDM services. You acknowledge and agree that, despite Samsung’s due care in providing the PDM services, your Contents may be subject to inadvertent corruption or loss.


SUPPLEMENTARY SAMSUNG BOOKS / READERS HUB TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE FOR THE SAMSUNG BOOKS / READERS HUB SERVICES CAREFULLY BEFORE USING THE SAMSUNG BOOKS / READERS HUB SERVICES. The Samsung Books / Readers Hub Services offer a platform for downloading, viewing, reading and use of e-books and other related contents (“Contents”) onto and with your mobile telephone or other communications devices, as authorized by Samsung (each, an “Authorized Device”). These supplementary terms of service for the Samsung Books / Readers Hub services (the “Samsung Books / Readers Hub TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the Samsung Books / Readers Hub services. The Samsung Books / Readers Hub TOS supplements the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this Samsung Books / Readers Hub TOS) when opening a single sign on user account with Samsung (the "Samsung Account"). For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided through this link or under [https://account.samsung.com/membership/terms] and open a new Samsung Account before using the Samsung Books / Readers Hub services. Even though the most critical and important service terms are covered here in the Samsung Books / Readers Hub TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the Samsung Books / Readers Hub services are incorporated by reference into this Samsung Books / Readers Hub TOS. In case of any inconsistency or conflict between the Samsung Books / Readers Hub TOS and the Service Terms and Conditions, the Samsung Books / Readers Hub TOS shall prevail in relation to the Samsung Books / Readers Hub services.

1. Acceptance of the Samsung Books / Readers Hub TOS

1.1 BY USING THE SAMSUNG BOOKS / READERS HUB SERVICES, YOU AGREE TO BE BOUND BY THIS SAMSUNG BOOKS / READERS HUB TOS. IF YOU DO NOT AGREE TO THE SAMSUNG BOOKS / READERS HUB TOS, PLEASE DO NOT USE THE SAMSUNG BOOKS / READERS HUB SERVICES.

1.2 THE SAMSUNG BOOKS / READERS HUB SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the Samsung Books / Readers Hub services, you agree to: (i) exercise supervision over the minor's use of the Samsung Books / Readers Hub services; (ii) assume all risks associated with the minor’s use of Contents or other content received through the Samsung Books / Readers Hub services including the transmission of materials, content or other information to and from third parties via the internet; (iii) assume liabilities resulting from the minor’s use of the Samsung Books / Readers Hub services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.

2. Provision of the Samsung Books / Readers Hub Services by Samsung

2.1 Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the Samsung Books / Readers Hub services for your personal use only, provided that you comply fully with these Samsung Books / Readers Hub TOS. You shall not interfere or attempt to interfere with the operation or use of Samsung Books / Readers Hub services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Samsung Books / Readers Hub TOS .

2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these Samsung Books / Readers Hub TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate your use of the Samsung Books / Readers Hub services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Samsung Books / Readers Hub services and/or the Contents, in whole or in part.

2.3 You acknowledge and agree that the Samsung Books / Readers Hub services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung. You agree that any third party that provides Samsung with Contents for distribution via the Samsung Books / Readers Hub services is hereby deemed an intended third party beneficiary of these Samsung Books / Readers Hub TOS and shall have the right to enforce any and all obligations of users of the Samsung Books / Readers Hub services under these Samsung Books / Readers Hub TOS to the same extent as if such third party Contents provider were a party to these Samsung Books / Readers Hub TOS and in every respect, at law or in equity. You acknowledge that any Content provided by third parties are licensed to you by such third parties. You can check the licensing third parties for each Content at the Content detail page.

2.4 Use of the Samsung Books / Readers Hub services requires one or more compatible Authorized Devices, access or connection via mobile network or Internet (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Samsung Books / Readers Hub services involves hardware, software, and Internet access, your ability to use the Samsung Books / Readers Hub services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

3. Your Use of the Samsung Books / Readers Hub Services

3.1 In order to use the Samsung Books / Readers Hub services you are required to already have or newly open a Samsung Account. In addition to the registration data provided about yourself when opening the Samsung Account ("Registration Data") you may be required to provide additional information about yourself before you can continue to use the Samsung Books / Readers Hub services, purchasing Contents, or activating pre-loaded or pre-purchased Contents through the Samsung Books / Readers Hub services ("Additional Data"). Such Additional Data may include but shall not be limited to your name, gender, resident country, birth date, payment information or other age verification information etc. You agree to provide accurate, current, and complete Additional Data and to update your Additional Data as required in order to keep it accurate, current and complete. You agree that Samsung may store and use the Registration Data and the Additional Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for use in maintaining your account and billing fees to you.

3.2 You may purchase Contents via the Samsung Books / Readers Hub services, and you will be able to retain, view, read and use such purchased Contents solely for non-commercial purposes. Fees associated with such transaction are non-recurring. In addition, Samsung, as agent of the Contents provider, reserves the right to change the cost of purchasing Contents titles from time to time, with or without prior notice, and the fee applicable to your transaction will be the fee that was in effect at the time of the transaction. Each purchased Contents title may be used on no more than five (5) Authorized Devices concurrently).  Samsung reserves the right to limit the number of times you may re-download a Contents title after it is initially downloaded.  Once a Contents title is purchased and you receive the Contents title, the safekeeping of the Contents title from loss, destruction or damage is your responsibility, and Samsung shall be without liability to you in the event of any loss, destruction, or damage.

3.3 The Contents is provided by Samsung via the Samsung Books / Readers Hub services pursuant to agreements between Samsung and Contents providers under which the Contents providers license certain specific rights related to the Contents. These agreements may require Samsung to black-out and restrict the availability of and your access to certain Contents, including Contents that you have already downloaded, for periods of time determined by Samsung and the Contents providers. On occasion, a Contents file may become unavailable following a transaction but prior to download. Your sole and exclusive remedy under such circumstances is a refund of the price paid for the unavailable Contents. If the Content has a material defect, the Content will be replaced, downloaded again or a voucher will be provided for an equivalent value to the purchase.

3.4 The ability to purchase and download Contents from the Samsung Books / Readers Hub services may be available to you only in your resident country and not available in any other location. If subject to such territorial restrictions, either imposed by Samsung or Contents provider, you agree not to access or use or attempt to access or use the Samsung Books / Readers Hub services from outside of your country. Samsung may use technologies to verify such compliance.

3.5 You understand that by using the Samsung Books / Readers Hub services, you may encounter content that may be deemed offensive, indecent, explicit or objectionable. You agree to use the Samsung Books / Readers Hub services at your sole risk and that Samsung shall have no liability to you for content that may be found to be offensive, indecent, explicit or objectionable. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy. You also agree that some Contents may contain advertising, as originally inserted by the Contents provider. Samsung reserves a right to utilize its advertizing service in conjunction with the Samsung Books / Readers Hub services.

3.6 Samsung reserves the right to gather data on Samsung Books / Readers Hub services usage including license key numbers, and other information deemed relevant, to ensure that the Samsung Books / Readers Hub services is being used in accordance with these Samsung Books / Readers Hub TOS. Except as permitted in these Samsung Books / Readers Hub TOS, Samsung expressly prohibits simultaneous, multiple installations of our Samsung Books / Readers Hub services without prior written approval. Any unauthorized use shall be considered by Samsung to be a violation of these Samsung Books / Readers Hub TOS. Samsung reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys or access to the Samsung Books / Readers Hub services to the credit card or wireless carrier account used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the Samsung Books / Readers Hub TOS. Any blocking of data required for compliance under the Samsung Books / Readers Hub TOS is considered to be a violation of the Samsung Books / Readers Hub TOS and may result in immediate termination of your right to use the Samsung Books / Readers Hub services.

3.7 You may not use the Samsung Books / Readers Hub services for any purpose that is unlawful or prohibited by the Samsung Books / Readers Hub TOS. You are specifically prohibited from using the Samsung Books / Readers Hub services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations.

3.8 Samsung’s software that you utilize for the Samsung Books / Readers Hub services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the Samsung Books / Readers Hub services.

3.9 Samsung reserves the right to change the Samsung Books / Readers Hub services and the Contents titles that are available on the Samsung Books / Readers Hub services without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its licensors reserve the right to change, suspend, remove, or disable access to the Samsung Books / Readers Hub services, in whole or in part, and/or any Contents at any time without notice for any reason or no reason at all, and in no event will Samsung be liable for any claims, costs, or damages caused by or arising out of such actions.

4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the content you upload to the Samsung Books / Readers Hub services. For information about Samsung’s privacy policy for the Samsung Books / Readers Hub services, please read the Samsung Account Privacy Policy [ https://account.samsung.com/membership/pp]. You agree that you will comply with the Samsung Account Privacy Policy.

5. Fees

5.1 Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth by Samsung. The license fees paid by you are paid in consideration of the license granted under this Agreement. You agree to pay the charges that correspond to all Content you purchase through the Samsung Books / Readers Hub services at the time of the purchase (including taxes and other applicable fees), and you expressly agree that Samsung may charge such fees and costs to your credit card or other payment processor as applicable as they are incurred. You are responsible for the timely payment of all fees and costs and for providing Samsung with valid payment account details for payment of all fees and costs. All charges will be billed to the account you designate during the registration process. If you want to designate a different account or if there is a change in your account status, you must accurately update your payment account information.

5.2 Your total price will include the price of the Contents plus any applicable sales or other tax (in effect on the day of download). Samsung, as agent of the Contents provider, reserves the right to change prices for Contents offered through the Samsung Books / Readers Hub services at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

5.3 You shall, in addition to the Contents price required under this Agreement, pay all applicable sales, use, transfer, excise or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transactions contemplated under this Agreement.

6. Warranties, Representations and Liability

6.1 THE SAMSUNG BOOKS / READERS HUB SERVICES, AND ALL CONTENTS DELIVERED TO YOU VIA THE SAMSUNG BOOKS / READERS HUB SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”. REGARDING THE SAMSUNG BOOKS / READERS HUB SERVICES OR ANY CONTENTS SAMSUNG'S WARRANTIES, REPRESENTATIONS AND LIABILITY AS SET FORTH IN THE SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SAMSUNG BOOKS / READERS HUB SERVICES OR ANY CONTENTS BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS. THE SAME APPLIES TO SAMSUNG'S LIABILITY REGARDING THE SAMSUNG BOOKS / READERS HUB SERVICES OR ANY CONTENTS.


[End of Supplementary Samsung Books / Readers Hub Terms of Service]



Samsung Service Terms and Conditions
The terms and conditions ("Terms and Conditions") in this document ("Agreement") describe and stipulate the provisions which govern and regulate the legal relationship between Samsung Electronics Co., Ltd. (“Samsung”) and/or Samsung's Subsidiaries as provider of the Services and you as user of the Services ("You" or "User").
You should read these Terms and Conditions carefully and should not accept these Terms and Conditions or register for, access or use the Services (collectively as "Use" of the Services) unless You agree to the Terms and Conditions. Samsung does not store an individual copy of this Agreement entered into with You and we recommend that You save a local copy of this Agreement for Your own record.
You may not Use the Services if You are a (a) person who is not of legal age to form a binding contract with Samsung or (b) person who is barred from receiving the Services under the laws of any country including the country in which You are a resident or from which You are using the Services.
In this Agreement:
"Services" or "Service" means all services provided through http://eu.samsungsmartappliance.com, as updated from time to time, and excluding any service rendered or provided to You under a separate agreement; and
"Samsung's Subsidiaries" means all legal entities, companies, corporations, firms, partnerships or other entities that are controlled by Samsung or are under common control with Samsung. The term "controlled" means the ability to direct the management of the relevant entity.
How You may accept the Terms and Conditions,
How Samsung may change the Terms and Conditions, and
How You or Samsung may terminate the Terms and Conditions
1. Acceptance of the Terms and Conditions
1.1. Before You are permitted to Use the Services You are required to accept the Terms and Conditions and any Special Terms, as the case may be. Typically, Terms and Conditions and any Special Terms are accepted by clicking or tabbing the "accept" button if such button or function is available or present via the user interface for the respective Service.
1.2. You also accept the Terms and Conditions or any Special Terms when You actually start to Use the Services. In this case You understand that You are bound by and Samsung will treat You as bound by the Terms and Conditions from the moment You start using the Services.
2. Changes to the Terms and Conditions
2.1. Samsung is permitted to amend or alter the Terms and Conditions from time to time.
2.2. Samsung will notify You with at least 15 days prior notice ("Notification Period") of any material changes of the Terms and Conditions and will provide You with a copy of the revised Terms and Conditions either under http://eu.samsungsmartappliance.com/UserMgr/terms, by the use of Your email address provided to Samsung as part of the Registration Data or by any other suitable means which ensure that You will be able to take notice of the revised Terms and Conditions.
2.3. After the Notification Period has passed You will be prompted to accept the revised Terms and Conditions, typically by clicking or tabbing the "accept" button if such button or function is available or present via the user interface for the respective Service. You may not continue to Use the Services unless You accept the revised Terms and Conditions and You understand that due to the SingleSignOn process (see clause 12.2 below) You will not be able to continue to Use any of the Services unless you accept the revised Terms and Conditions.
2.4. You also accept the revised Terms and Conditions when You continue to Use the Services after the Notification Period has passed. In this case You are bound by and Samsung will treat You as bound by the revised Terms and Conditions from the date on which the revised Terms and Conditions entered into effect. You are free to end this Agreement at any time should You choose not to accept the revised Terms and Conditions.
3. Termination of the Terms and Conditions; Consequences of termination
3.1. This Agreement remains in effect unless and until terminated either by You or Samsung, as the case may be.
3.2. You can terminate this Agreement at any time by closing Your User account for the Services.
3.3. Samsung may terminate this Agreement at any time by providing a 30 days prior written notice of cancellation to the email address provided to Samsung as part of Your Registration Data or by any other suitable means which ensure that You will be able to take notice of the cancellation.
3.4. Samsung is entitled to terminate this Agreement at any time and without observing any notice period if:
a. You are in breach of the Terms and Conditions;
b. You have clearly demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with the Terms and Conditions;
c. Samsung, (including Samsung's Subsidiaries) or any supplier or partner of Samsung providing the Services to or together with Samsung decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of Samsung decides to terminate the entire relationship with Samsung and regardless of the reason of such termination, including where Samsung or any supplier or partner of Samsung are of the opinion that the provision of the Services or parts thereof to You or to Samsung or together with Samsung are no longer commercially feasible; and
d. Samsung (including Samsung's Subsidiaries) or any supplier or partner of Samsung providing the Services to or together with Samsung are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful).
3.5. The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You or Samsung have accrued or incurred during the term of this Agreement.
3.6. You are not permitted to Use the Services if You do not accept the revised Terms and Conditions or after this Agreement comes to an end, for example, due to termination by either You or Samsung.
3.7. Samsung will, however, allow You to backup Your User Content stored with Samsung through the Use of the Services should You choose not to accept the revised Terms and Conditions or if You terminate this Agreement pursuant to clause 3.2. You understand that Samsung may delete Your User Content after a reasonable backup period has lapsed ("Backup Grace Period"). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content.
How You may Use the Services and
How Samsung may use Your content or how You may use Samsung's content
4. Provision of the Services and limitations of usage
4.1. The Services are provided to You by Samsung and Samsung's Subsidiaries.
4.2. Unless otherwise specified in this Agreement You are permitted to Use the Services for personal and non-commercial use and purposes only and You will not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof.
4.3. When You Use the Services You will at all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Services.
4.4. Samsung may at any time and in its sole discretion without prior warning or notice:
a. change the Services or suspend and/or cease providing the Services or any part of the Services;
b. disable or suspend Your Use of the Services including access to Your User account(s) and any files or other content contained in Your account(s) either temporarily or permanently;
c. set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and
d. pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.
4.5. Samsung will use commercially reasonable efforts to (a) ensure that the Services are available to You without undue disruption, interruption or delay and (b) keep any disruption, interruption or delay of the Services to a minimum.
4.6. You are not permitted to Use any of the Services (including any attempts to do so) other than through the interface made available to You by Samsung and You will not Use the Services (including any attempts to do so) through any automated tools (including software and/or hardware), functions, services or otherwise (including scripts or web crawlers).
4.7. You will comply with and follow all instructions made available to You by Samsung in connection with the Services and You will not engage in any activity that may cause interference with or disruption to the Services or any servers, networks or other equipment connected to the Services.
4.8. Some of the Services can be used or are particularly useful when used over mobile networks. You should be aware that Your network provider may charge You for access to its network, the duration of Your mobile phone's/ mobile device's connection to the network and the data volume used to Use the Services. You are entirely responsible to check with Your network provider whether any such costs may apply before Using the Services in this respect.
5. Advertisements
5.1. You agree that Samsung, as part of the Services, places or displays to You advertisements, promotion materials or other content and materials or products for promotional purposes.
5.2. In any event, Samsung will only send You marketing emails or newsletters and will only try to contact You directly by phone for marketing purposes where you have explicitly opted to receive such information and communication, for example, when You registered for the Services.
6. Software and software updates and updates to the Services
Samsung may automatically download and install updates from time to time (including firmware updates for the devices you registered with the Services) ("Software Updates"). Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Services or any product or device used to access the Services. Such updates may include bug fixes, enhancements to the Services or parts thereof, products or devices and updates and enhancements to any software previously installed (including entirely new versions).
7. Content provided in the Services and content rights
7.1. All content that is made available in the Services or accessible as part of or by the Use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is entirely the responsibility of the originator of such Content. The Content may include advertisements, promotional material and documents or other sponsored Content.
7.2. The Content may be protected by proprietary or intellectual property rights of third parties (such as partners, advertisers and sponsors or their agents who provide such Content to Samsung). You are not permitted to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) or to grant licenses in the Content.
7.3. You understand that by using the Services You are exposed to the risk that You may find some Content offensive, indecent or objectionable and that any Use of the Services as regards such exposure is entirely at Your own risk.
8. User Content and User Content License
8.1. By uploading, transmitting, creating, posting, displaying or otherwise providing any information, materials, documents, media files or other content on or through the Services ("User Content") You permit Samsung, Samsung's Subsidiaries and other Users of the Services to use the User Content to the extent that this is required for the provision of the Services, and in this respect grant Samsung, Samsung's Subsidiaries and other Users of the Services an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, publicly perform and publicly display the User Content ("User Content License"), such User Content License in any event to be limited, however, to the purposes of the Services.
8.2. The User Content License shall include a right for Samsung and Samsung's Subsidiaries to (a) perform all technical steps necessary to process and prepare the User Content for use in the Services, including any modification and/or adaption required to provide the Services to Users and/or to transmit or distribute the User Content over public networks and in media and (b) make available and sublicense the User Content to third parties for the use of the User Content in connection with the provision of the respective services by these third parties.
8.3. Samsung does not claim ownership of the User Content and You will retain any copyright and any other rights to any User Content provided by You on or through the Services.
8.4. Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely Your responsibility and Samsung is not obliged to protect and enforce the User Content on Your behalf.
8.5. You are entirely responsible to backup Your User Content stored with Samsung or through the Services to another location outside the Services (e.g. by means of creating local copies or backups with specialized online backup services) to avoid loss of Your User Content and other data.
9. Samsung Services License
9.1. Samsung, Samsung's Subsidiaries and/or any supplier or licensor of Samsung are the owners and shall be entitled to all proprietary rights which may exist in the Services, including all legal right, title and interest in and to the Services, and all intellectual property rights worldwide, regardless of whether registered/legally secured or not.
9.2. Samsung grants You a worldwide, non-transferrable, non-assignable, non-exclusive, personal and royalty free license to Use the Services (including any software, products or materials provided to You as part of the Services) and in the form provided to You by Samsung ("Samsung License"). The Samsung License entitles You to enjoy the benefits of the Services in accordance with these Terms and Conditions.
9.3. Except for the rights granted to You in this Agreement, Samsung retains all rights in or pertaining to the Services.
9.4. You are not permitted to (a) grant any other User or third party a license to Use the Services or otherwise to access Your account or the Services, (b) Use the Services to provide services to other Users or any other third parties or (c) otherwise assign, grant a sublicense in, or grant a security interest in or over the Samsung License or any rights under it, loan or lease the Services and/or the Samsung License, or otherwise transfer the Samsung License or any rights under it to any third party.
9.5. You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Samsung Services (or any part of it), unless expressly permitted by Samsung in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so.
10. Trademarks
10.1. You are not entitled to use any of Samsung's (including Samsung's Subsidiaries) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features ("Samsung's Brands") without Samsung's prior written consent. To the extent that You are entitled to use Samsung's Brands under a separate written agreement with Samsung, such use is only permitted in accordance with such separate agreement.
10.2. You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of Samsung, Samsung's Subsidiaries or any third party (including copyright and trade mark notices) which pertain to, are affixed to or which are contained within the Services and You agree not to use any such signs, trademarks, service marks, trade names, logos or other marks of Samsung, Samsung's Subsidiaries or any third party in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorized User, as the case may be, of such marks, names or logos.
What You should know about your Registration Data, Account Data and privacy
11. Registration data and Users account
11.1. When You Use the Services You may be required to provide information about Yourself before You can continue to Use the Services ("Registration Data").
11.2. You agree to provide accurate, current and complete Registration Data and to update Your Registration Data as required in order to keep it accurate, current and complete.
12. Passwords and account security
12.1. In order to Use the Services You are required to open a User account and to provide a User ID and password ("Account Data").
12.2. Samsung implemented an integrated registration solution through a single sign on process ("SingleSignOn"). SingleSignOn means that once You open a User account with Samsung You automatically register for all Services which, amongst others, eliminates the need to maintain separate User accounts and User ID's for each individual Service. SingleSignOn also allows You to sign in and sign off from all Services and through all devices at once.
12.3. You will keep your Account Data safe and secure at all times and prevent unauthorised access to your Account Data and your account by third parties, in particular by avoiding obvious User IDs or passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other User or third party access to your Account Data or your account.
12.4. Samsung may follow any instructions given by You and may regard any instructions (a) received from or issued by a User or third party using or providing your Account Data or (b) which are attributable to You or Your Account Data as Your instructions.
12.5. You agree not to use any Account Data or account of any other User or person than Yourself without permission of the User or person holding the respective account.
12.6. You will notify Samsung immediately by email to appliance@samsung.com upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security.
12.7. You can access and change Your Registration Data or Account Data at any time by either accessing the respective Samsung account application on your device or by visiting http://localhost:1010/UserMgr/UserInfo .
13. Privacy and protection of personal data
13.1. Samsung is committed to the protection of Your personal data. See our privacy policy URL http://eu.samsungsmartappliance.com/UserMgr/privacypolicy to learn more about how Samsung protects and handles Your personal data and information when You Use the Services. You agree to the Use of Your Registration Data, personal data and information in accordance with Samsung's privacy policy.
How You and Samsung are liable under these Terms and Conditions
14. YOUR WARRANTIES AND REPRESENTATIONS
14.1. YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY SAMSUNG AND SAMSUNG'S SUBSIDIARIES). IN PARTICULAR, YOU WARRANT AND REPRESENT TO SAMSUNG THAT:
A. YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT SAMSUNG THE USER CONTENT LICENSE;
B. THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS;
C. THE USER CONTENT WILL NOT CONTAIN ANY MATERIAL WHICH IS HARMFUL, INACCURATE, PORNOGRAPHIC, ABUSIVE, OBSCENE, THREATENING, DEFAMATORY, OR WHICH IS OTHERWISE ILLEGAL OR WHICH DOES NOT COMPLY WITH APPLICABLE LAW OR SAMSUNG'S CONTENT GUIDELINES;
D. THE USER CONTENT WILL NOT CONTAIN ANY VIRUSES OR OTHER HARMFUL SOFTWARE, CODE OR SIMILAR MEANS AND DEVICES WHICH COULD DAMAGE, HARM, DISABLE OR OTHERWISE IMPACT OR LIMIT THE FUNCTION AND PERFORMANCE OF THE SERVICES AND/OR ANY DEVICE ACCESSING SUCH USER CONTENT. REGARDLESS OF WHETHER THIS DEVICE BELONGS TO SAMSUNG OR ANY OTHER USER OR THIRD PARTY INCLUDING SERVER, NETWORKS NODES OR ANY SIMILAR EQUIPMENT;
E. THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER THE LAWS OF ANY COUNTRY, INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE USING THE SERVICES; AND
F. THE USE OF THE USER CONTENT BY SAMSUNG OR SAMSUNG'S SUBSIDIARIES WILL NOT IMPOSE ANY OBLIGATION UPON SAMSUNG OR SAMSUNG'S SUBSIDIARIES TO PAY ANY KIND OF MONETARY CONTRIBUTION (INCLUDING LICENSE FEES, DUES OR OTHERWISE) TO ANY THIRD PARTY (IN PARTICULAR COLLECTING SOCIETIES).
14.2. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SAMSUNG AND THE SAMSUNG SUBSIDIARIES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY SAMSUNG AND THE SAMSUNG SUBSIDIARIES AS A RESULT OF ANY BREACH OF THESE WARRANTIES.
15. SAMSUNG'S WARRANTIES AND REPRESENTATIONS
15.1. UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, SAMSUNG, THE SAMSUNG SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS PROVIDE THE SERVICES ON BEST EFFORT BASIS ONLY AND EXCLUDE ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSLY OR IMPLIED. IN PARTICULAR BUT WITHOUT LIMITATION, SAMSUNG, THE SAMSUNG SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS DO NOT WARRANT OR REPRESENT THAT:
A. THE SERVICES ARE FIT FOR ANY PURPOSE OR MEET YOUR REQUIREMENTS OR ARE PROVIDED TO YOU WITHOUT ANY ERRORS OR DEFICIENCIES OR THAT THEY ARE IN COMPLIANCE WITH ANY QUALITY LEVELS, AS THE CASE MAY BE;
B. THE SERVICES ARE AVAILABLE TO YOU AT ANY TIME AND PROVIDED TO YOU WITHOUT DISRUPTION, INTERRUPTION OR DELAY;
C. THE SERVICES DO NOT INFRINGE ANY COPYRIGHT OR VIOLATE ANY LAWS WHETHER IN THE COUNTRY WHERE YOU ARE A RESIDENT OR ELSEWHERE IN THE WORLD;
D. ANY INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM SAMSUNG OR AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING ANY MATERIALS OR PRODUCTS) WILL BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE; AND
E. THAT ANY DEFICIENCIES IN THE SERVICES, INCLUDING ANY DEFECTS IN PERFORMANCE, OPERATION OR FUNCTIONALITY OF THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE FIXED, CORRECTED OR OTHERWISE REMEDIED.
15.2. ANY DOCUMENTS OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATES) DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE PROVIDED BY SAMSUNG "AS IS" AND AT YOUR OWN RISK. SAMSUNG IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR MOBILE PHONE'S, SOFTWARE, COMPUTER SYSTEM OR OTHER DEVICE OR DEVICE'S SOFTWARE OR ANY LOSS OF DATA THAT IS CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH DOCUMENTS AND/OR MATERIAL.
16. YOUR LIABILITY
16.1. YOU ARE ENTIRELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER
A. THESE TERMS AND CONDITIONS; AND
B. ANY APPLICABLE LAW OR REGULATION IN THE RELEVANT JURISDICTIONS, INCLUDING THE JURISDICTION WHERE YOU ARE A RESIDENT OR FROM WHERE YOU ARE USING THE SERVICES
AND FOR THE CONSEQUENCES OF ANY SUCH BREACH, INCLUDING ANY LOSS OR DAMAGE WHICH SAMSUNG OR ANY THIRD PARTY MAY INCUR OR SUFFER. SAMSUNG WILL HAVE NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY IN RESPECT OF SUCH BREACH.
17. SAMSUNG'S LIABILITY
17.1. SUBJECT TO CLAUSE 17.3, SAMSUNG AND THE SAMSUNG SUBSIDIARIES ARE NOT LIABLE TO YOU, REGARDLESS OF THE LEGAL GROUNDS, IN PARTICULAR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO SAMSUNG, FOR:
A. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
B. ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT);
C. ANY DAMAGE TO AND/OR CORRUPTION OR LOSS OF DATA (WHETHER DIRECT OR INDIRECT);
D. ANY LOSS OR DAMAGE AS A RESULT OF:
I. ANY BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN SAMSUNG AND YOU WHICH IS ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF SAMSUNG, THE SAMSUNG SUBSIDIARIES AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS;
II. ANY RELIANCE PLACED BY YOU ON THE SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR EXISTENCE OF ANY (A) SERVICES (INCLUDING ANY SOFTWARE, INFORMATION, DOCUMENTS, MATERIALS MADE AVAILABLE TO YOU AS PART OR IN COURSE OF THE USAGE OF THE SERVICES) OR (B) ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING (INCLUDING ANY PROMOTIONAL MATERIAL) IS MADE AVAILABLE ON OR BY YOUR USE OF THE SERVICES;
III. ANY CHANGES, MODIFICATIONS, EXTENSIONS OR LIMITATIONS (INCLUDING ANY SUSPENSION OF YOUR USE OF THE SERVICES, ACCESS TO YOUR ACCOUNT AND ACCOUNT DATA OR YOUR REGISTRATION DATA) TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM); OR
IV. THE USE OF YOUR ACCOUNT DATA BY ANY OTHER PERSON THAN YOURSELF (REGARDLESS OF WHETHER WITH OR WITHOUT YOUR KNOWLEDGE). YOU ARE FULLY RESPONSIBLE AND LIABLE TO COMPENSATE SAMSUNG FOR ANY DAMAGE AND/OR LOSS INCURRED DUE TO THE USE OF YOUR ACCOUNT DATA BY SOMEONE ELSE.
17.2. IN THE EVENT THAT SAMSUNG OR THE SAMSUNG SUBSIDIARIES ARE LIABLE FOR A BREACH OF THESE TERMS AND CONDITIONS, SAMSUNG'S LIABILITY SHALL BE LIMITED TO DAMAGES WHICH SAMSUNG MUST TYPICALLY EXPECT AT THE TIME OF THE CONCLUSION OF THIS AGREEMENT DUE TO THE CIRCUMSTANCES KNOWN AT THE TIME.
17.3. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT SAMSUNG'S
A. LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OR IN ACCORDANCE WITH ANY PRODUCT LIABILITY ACT; AND
B. WARRANTY OR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER'S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND SAMSUNG'S LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Force Majeure
18.1. Samsung is not liable or responsible for any failure to perform, or delay in performance of any of Samsung's obligations under this Agreement that is caused by events outside Samsung's reasonable control ("Force Majeure Event"), in particular (without limitation) (a) unavailability of public or private telecommunication networks (b) acts, decrees, legislation, regulations or restrictions of any government or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.
18.2. Samsung's performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and Samsung will have an extension of time for performance for the duration of that period.
18.3. Samsung will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which Samsung's obligations under this Agreement may be performed despite the Force Majeure Event.
19. Links to third party sites and other content
19.1. The Services may contain hyper links to content resources and services of third parties, including other websites ("External Resources"). Samsung is not responsible for and has no control over the content (including advertisements, products and other materials) provided, made available and/or displayed to You under these External Resources and is not liable for any damage or loss incurred by You due to or as a result of the content (including any reliance by You on the availability, accuracy, applicability or completeness of the content) which is made available to You, provided to You or displayed to You under these External Resources.
19.2. You may from time to time and as a result of or through the Use of the Services purchase or avail Yourself of services, goods or software which is provided to You by a third party. Your use of such other services, goods or software may be subject to separate terms and conditions between You and the respective third party. This Agreement does not affect Your legal relationship with that third party and Samsung is not liable or responsible for any services, goods or software provided to You by any third party.
What else You should know and understand
20. Special terms and conditions
20.1. When You register for a Service You may be presented with special terms and conditions which, among others, describe specific features and characteristics of the Service and may stipulate additional legal provisions (collectively referred to as "Special Terms").
20.2. Any Special Terms apply in addition and in conjunction with these Terms and Conditions. In the event of a conflict between these Terms and Conditions and any of the Special Terms, the Special Terms shall take precedence over these Terms and Conditions.
21. Language of this Agreement
Samsung may provide You with a translation of the English version of this Agreement. This translation is provided for Your convenience only. In the event of any conflict between the English language version and the translation version of these Terms and Conditions and to the extent permissible by applicable law, the English language version takes precedence over any translation version.
22. Procedure for making claims and notices regarding infringement of intellectual property rights and other rights
22.1. Samsung may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of Users who repeatedly infringe copyright laws or violate other applicable law.
22.2. Any notices regarding any copyright infringement or violation of other laws by the Services, any content provided with or displayed in the Services or any User Content should be sent to appliance@samsung.com .
23. Confidentiality
23.1. The Services may contain information which is confidential to Samsung including, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to You as confidential.
23.2. Unless stated otherwise in these Terms and Conditions You will (a) keep such information confidential for an unlimited period of time and not disclose such information without Samsung's prior written consent and (b) neither record or otherwise utilise such information unless required for the purposes of this Agreement.
23.3. Clause 23.1 shall not apply in the event that You are required to disclose information which is confidential to Samsung according to applicable law. In this case and to the extent permissible by applicable law, You will notify Samsung immediately of any disclosure of any information which is confidential to Samsung.
24. General provisions
24.1. Samsung will rely only on the written Terms and Conditions. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards Samsung unless expressly confirmed in writing by Samsung to You.
24.2. Samsung may provide You with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via the Services.
24.3. If Samsung does not exercise or enforce any legal right or remedy which is set out in this Agreement or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung's rights or remedies and such rights or remedies will remain available to Samsung.
24.4. If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
24.5. Each of the Samsung's Subsidiaries shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce and rely upon any provision of this Agreement which confers a benefit on (or rights in favour of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement.
24.6. You are not permitted to transfer, assign or otherwise dispose of this Agreement which is personal to You, or any of Your rights or obligations arising under this Agreement without the prior written consent of Samsung.
24.7. This Agreement and Your relationship with Samsung under this Agreement shall be governed and construed in accordance with the laws of the jurisdiction where You are a resident, without regard to its conflict of law provisions and subject to the non-exclusive jurisdiction of the courts of such jurisdiction, to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

DISCLAIMER
The access to services provided through http://eu.samsungsmartappliance.com (“Services”) may be discontinued without notice and Samsung is not responsible for such discontinuation.
The access to Services may be provided free of charge. However, in the event Samsung provides free access to Services, Samsung may discontinue free access and/or convert the free-access services into fee-based services at Samsung’s discretion.
The access to Services requires access to data network and you may be charged by network provider depending on your data plan. The access to Services may be delayed, interrupted, and/or unavailable depending on the network condition of your network provider.
Any information provided as a part of the Services, including but not limited to, information regarding (i) current status of devices connected to the Services and (ii) history of service use, are computed based on the information collected through http://eu.samsungsmartappliance.com and Samsung does not warrant the accuracy of such information.
Security breach caused by loss or theft of log-in information, such as access ID and password, and/or intentional attack to servers, such as hacking, may allow a third party to access the Services connected with your registered account, and allow a third party to remotely control connected devices installed in your home (“Security Breach”). Users must take appropriate steps to keep the log-in information safe and secure, and not to disclose the log-in information or grant any other person to user account. Samsung is not responsible for Security Breach.
-END-

2012-02-07


CHATON TERMS OF SERVICE


PLEASE READ THESE TERMS OF SERVICE FOR THE CHATON SERVICES CAREFULLY BEFORE USING THE CHATON SERVICES. ChatON is a software application for mobile devices and other internet-connected devices that allows the users to send and receive messages, information and contents (“Messages”) and is available for both Samsung and non-Samsung products. These terms of service for the ChatON services (the “ChatON TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the ChatON services. The ChatON TOS incorporates the Samsung Service Terms and Conditions (“Service Terms and Conditions”) that you have already agreed to if you have a single-sign-on user account with Samsung (the “Samsung Account”). For those of you who do not have a Samsung Account yet, we recommend that you open one this time even though use of ChatON through your mobile phones does not require Samsung Account membership. If you access and use the ChatON Services through your Samsung Account, then you need to be a Samsung Account member. Whether you use ChatON through Samsung Account membership or not, please read the Samsung Service Terms and Conditions that are provided through this link [https://account.samsung.com/membership/terms]. Even though the most critical and important service terms are covered here in the ChatON TOS, you acknowledge and agree that the general and more detailed service terms from the Samsung Service Terms and Conditions that are applicable to the ChatON services are incorporated by reference into these ChatON TOS. In case of any inconsistency or conflict between the ChatON TOS and the Samsung Service Terms and Conditions, the ChatON TOS shall prevail in relation to the ChatON services.



1. Acceptance of the ChatON TOS
1.1 BY USING THE CHATON SERVICES, YOU AGREE TO BE BOUND BY THESE CHATON TOS. IF YOU DO NOT AGREE TO THE CHATON TOS, PLEASE DO NOT USE THE CHATON SERVICES.
1.2 THE CHATON SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the ChatON services, you agree to: (i) exercise supervision over the minor's use of the ChatON services; (ii) assume all risks associated with the minor’s use of the ChatON services including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume liabilities resulting from the minor’s use of the ChatON services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.
1.3 If you access and use ChatON through you mobile phone number, you agree to enter your own mobile phone number and provide accurate information about yourself.



2. Provision of the ChatON Services by Samsung
2.1 Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the ChatON services for your personal use only, provided that you comply fully with these ChatON TOS. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the ChatON TOS.
2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these ChatON TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate your use of the ChatON services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the ChatON services.
2.3 You acknowledge and agree that the ChatON services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
2.4 Use of the ChatON services may require your devices to have access or connection via mobile network or Internet (fees may apply), and certain software, and may require obtaining updates or upgrades from time to time. Because use of the ChatON services involves hardware, software, and Internet access, your ability to use the ChatON services may be affected by the suitability and performance of such system requirements. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the ChatON services will not be available in all countries or on all devices, and the ChatON services may be subject to restrictions imposed by your network or internet provider.
2.5 Samsung’s software that you utilize for the ChatON services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the ChatON services. While such updates are for enhancements of the ChatON services, in some circumstances some features may be discontinued. You agree that Samsung may modify or discontinue ChatON or its features with or without notice to you.



3. Your Use of the ChatON Services
3.1 In order to use the ChatON services you are required to provide information about yourself before you can continue to use the ChatON services, either as part of your Samsung Account registration or ChatON services registration ("Registration Data"). You agree to provide accurate, current, and complete Registration Data and to update your Registration Data as required in order to keep it accurate, current and complete. In case Samsung adds fee-charging features to ChatON, you agree that Samsung may store and use the Registration Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for the purpose of account maintenance and billing.
3.2 You understand that certain functions of the ChatON services are linked to other Samsung or third-party services (“Linked Services”). By using any Linked Service, you permit such Linked Service to access and store some of your Registration Data, including but not limited to your mobile phone number, username and your buddy list for the sole purpose of providing such service. Your use of any Linked Service is subject to the terms and conditions of use established by the respective Linked Service provider.
3.3 You understand that by using the ChatON services, you may encounter Messages that may be deemed offensive, indecent, explicit or objectionable. You agree to use the ChatON services at your sole risk and that Samsung shall have no liability to you for Messages that may be found to be offensive, indecent, explicit or objectionable.
3.4 You may not use the ChatON services for any purpose that is unlawful or prohibited by the ChatON TOS. You are specifically prohibited from using the ChatON services in connection with any contents that (i) are in violation of any third party’s rights, including intellectual property rights; (ii) are pornographic, abusive, threatening, defamatory, or otherwise illegal or in non-conformance with Samsung’s content guidelines; or (iii) contain viruses or other harmful software, code or other means that impact or limit the ChatON services or the devices running the services. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. For a serious or repeated violation of third party’s intellectual property rights, Samsung reserves the right, at its sole discretion, to terminate your right to use the ChatON services.
3.5 You may not interfere or attempt to interfere with the operation or use of ChatON services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not collect or harvest personal information, including account names and phone numbers, using the ChatON software and services.


4. Protection of Privacy and Content
4.1 Samsung is committed to the protection of your personal data, including the content you upload to the ChatON services. For information about Samsung’s privacy policy for the ChatON services, please read the Samsung Account Privacy Policy [http://account.samsung.com/legal/pp]. You agree that you will comply with the Samsung Account Privacy Policy.
4.2 You agree and acknowledge that you may be asked to provide certain personal information such as your telephone number, user name, profile photos, and other personally identifiable information as well as the telephone numbers on your contact list when you register for the services.
4.3 You agree that you do not own your ChatON username. Samsung reserves the right to reclaim your ChatON username is case you discontinue your use of ChatON or any user with trademark or other legal rights demands use of such username.


5. Fees and Advertisement
5.1 Even though the ChatON services will be initially offered to you only with free-of-charge features, Samsung reserves the right to add fee-charging features and functionalities in the future. Samsung also reserves the right to display advertisements in connection with the provision of the ChatON services.


6. Voice and Video Communication
6.1 For some Samsung devices, we may make voice and video communications available to you as part of the ChatON services, subject to your network carrier’s policies and restrictions. The added call functionality does not purport to be a replacement for your ordinary mobile or fixed-line telephone services. In particular, it does not enable you to make an emergency call to various emergency services.
6.2 ChatON’s voice and video communication function is available only between registered Samsung Account members.



7. Warranties, Representations and Liability

7.1 THE CHATON SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. REGARDING THE CHATON SERVICES SAMSUNG'S WARRANTIES, REPRESENTATIONS AND LIABILITY AS SET FORTH IN THE SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE CHATON SERVICES BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS.



S SUGGEST TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE S SUGGEST SERVICES.

The S Suggest services present recommendations for popular applications available for users of Samsung Products, including but not limited to Samsung smartphones. (“Recommendations”). These terms of service for the S Suggest services (the “S Suggest TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the S Suggest services.
The S Suggest TOS incorporates the Samsung Service Terms and Conditions (“Service Terms and Conditions”) that you have already agreed to with your Samsung Account.
For those of you who do not have a Samsung Account yet, we recommend that you open one - even though S Suggest does not require Samsung Account membership.
Whether you decide to become a new Samsung Account member or not, please read the Samsung Service Terms and Conditions that are provided through this link [http://static.bada.com/contents/legal/gbr/eng/allinone.txt]
Even though the most critical and important service terms are covered here in the S Suggest TOS, you acknowledge and agree that the general and more detailed service terms from the Samsung Service Terms and Conditions that are applicable to the S Suggest services are incorporated by reference into this S Suggest TOS. In case of any inconsistency or conflict between the S Suggest TOS and the Samsung Service Terms and Conditions, the S Suggest TOS shall prevail in relation to the S Suggest services.

1. Acceptance of the S Suggest TOS

1.1 BY USING THE S SUGGEST SERVICES, YOU AGREE TO BE BOUND BY THIS S SUGGEST TOS. IF YOU DO NOT AGREE TO THE S SUGGEST TOS, PLEASE DO NOT USE THE S SUGGEST SERVICES.

1.2 THE S SUGGEST SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you over the age of 13 but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of 18, majority in his or her resident country (i.e. a "minor") to use the S Suggest services, you agree to: (i) exercise supervision over the minor's use of the S Suggest services; (ii) assume all risks associated with the minor’s use of the S Suggest services including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume liabilities resulting from the minor’s use of the S Suggest services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.

2. Provision of the S Suggest Services by Samsung

2.1 Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the S Suggest services for your personal use only, provided that you comply fully with these S Suggest TOS. You shall not interfere or attempt to interfere with the operation or use of S Suggest services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the S Suggest TOS.

2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these S Suggest TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate your use of the S Suggest services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the S Suggest services.

2.3 You acknowledge and agree that the S Suggest services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.

2.4 Use of the S Suggest services may require your devices to have access or connection via mobile network or Internet (fees may apply), and certain software, and may require obtaining updates or upgrades from time to time. Because use of the S Suggest services involves hardware, software, and Internet access, your ability to use the S Suggest services may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, are your responsibility and that your use of any third-party services are subject to the terms and conditions of use established by the respective third-party service providers.

3. Your Use of the S Suggest Services

3.1 You understand that certain functions of the S Suggest services are linked to your Facebook account or other Social Network Service account (“SNS”). By choosing to utilize the “Friends” option, you will be entitled to view the applications that your SNS friends, who have likewise chosen to utilize the “Friends” option, have on their S Suggest-installed devices. You also understand that you could make your applications partially anonymous by choosing the “Anonymous” option, which will let you enjoy the “Friends” function while showing the applications that you have on your S Suggest-installed devices as an anonymous person. You understand that the degree of your anonymity depends on the types of applications you have and the number of your Facebook friends utilizing the S Suggest services. You acknowledge that your use of the “Friends” option or any other S Suggest functionality linked to Facebook or any other third-party services are subject to the terms and conditions of use established by the respective third-party service provider.

3.2 You understand that by using the S Suggest services, you may encounter Recommendations that may be deemed offensive, indecent, explicit or objectionable. You agree to use the S Suggest services at your sole risk and that Samsung shall have no liability to you for Recommendations that may be found to be offensive, indecent, explicit or objectionable.

3.3 You may not use the S Suggest services for any purpose that is unlawful or prohibited by the S Suggest TOS. You are specifically prohibited from using the S Suggest services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations.

3.4 Samsung’s software that you utilize for the S Suggest services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the S Suggest services.

4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the content you upload to the S Suggest services. For information about Samsung’s privacy policy for the S Suggest services, please read the Samsung Account Privacy Policy [http://static.bada.com/contents/legal/gbr/eng/allinone.txt]. You agree that you will comply with the Samsung Account Privacy Policy.

4.2 You agree and acknowledge certain personal information regarding your use of your S Suggest-installed devices, particularly the applications that you have on such devices, are accessed by Samsung for the provision of the S Suggest services and shared with your Facebook friends when you choose to utilize the “Friends” function.




Last Updated:04.09.2012

[End of S Suggest Terms of Service]


SUPPLEMENTARY “Samsung WatchON(TV=Movies & TV Shows)” TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE FOR THE SAMSUNG WATCHON SERVICES CAREFULLY BEFORE USING THE SAMSUNG WATCHON SERVICES. The Samsung WatchON services offer a platform for downloading and viewing of movies, television shows, games and other entertainment contents (“Media”) as well as personalized recommendations for Media selections (“Recommendations”) onto and with your mobile telephone or other communications device, as authorized by Samsung (each, an “Authorized Device”). The Samsung WatchON Services are provided by Samsung Electronics GmbH (“Samsung” or “we”), having its registered office in Samsung House, Am Kronberger Hang 6, 65824 Schwalbach / Ts., Germany, VAT registration no. (UST-ID) DE811710402, registered in the commercial register of the local court (Amtsgericht) of Königstein, Germany, under no. HRB 4657. These supplementary terms of service for the Samsung WatchON services (the “Samsung WatchON TOS”) govern and regulate the legal relationship between Samsung and you as user of the Samsung WatchON services. The Samsung WatchON TOS supplement the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this Samsung WatchON TOS) when opening a single sign on user account with Samsung Electronics Co., Ltd. (the "Samsung Account"), which shall formally become part of the legal relationship between you and Samsung. For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided through this link or under https://account.samsung.com/membership/terms) and open a new Samsung Account before using the Samsung WatchON services. Even though the most critical and important service terms are covered here in the Samsung WatchON TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the Samsung WatchON services are incorporated by reference into this Samsung WatchON TOS. In case of any inconsistency or conflict between the Samsung WatchON TOS and the Service Terms and Conditions, the Samsung WatchON TOS shall prevail in relation to the Samsung WatchON services.

1. Acceptance of the Samsung WatchON TOS

1.1 BY USING THE SAMSUNG WATCHON SERVICES, YOU AGREE TO BE BOUND BY THIS SAMSUNG WATCHON TOS. IF YOU DO NOT AGREE TO THE SAMSUNG WATCHON TOS, PLEASE DO NOT USE THE SAMSUNG WATCHON SERVICES.

1.2 THE SAMSUNG WATCHON SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 14. IF YOU ARE UNDER 14 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 14 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the Samsung WatchON services, you agree to: (i) exercise supervision over the minor's use of the Samsung WatchON services; (ii) assume all risks associated with the minor’s use of Media or other content received through the Samsung WatchON services including the transmission of materials, content or other information to and from third parties via the internet; (iii) assume liabilities resulting from the minor’s use of the Samsung WatchON services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.


2. Provision of the Samsung WatchON Services by Samsung

2.1 Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the Samsung WatchON services for your personal use only, provided that you comply fully with these Samsung WatchON TOS. You shall not interfere or attempt to interfere with the operation or use of Samsung WatchON services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Samsung WatchON TOS at no cost for you.

2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these Samsung WatchON TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung may: (i) terminate your use of the Samsung WatchON services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Samsung WatchON services and/or the Media, in whole or in part.

2.4 You also acknowledge that the Media will be provided to you either by Samsung’s own video-on-demand services (“Samsung VOD Services”) or any of third-party content partner services (the “Partner Services”). You agree to abide by the applicable terms of service for such Samsung VOD Services or Partner Services in connection with your use of the Media. If you use Media of a Partner Services you will contract with such Partner Services for the Media solely on the basis of the Partner Services' terms and conditions.

2.5 You agree that any third party, including the Samsung WatchON partners providing the Partner Services, that provides Samsung with Media for distribution via the Samsung WatchON services is hereby deemed an intended third party beneficiary of these Samsung WatchON TOS and shall have the right to enforce any and all obligations of users of the Samsung WatchON services under these Samsung WatchON TOS to the same extent as if such third party Media provider were a party to these Samsung WatchON TOS and in every respect, at law or in equity.

2.6 Use of the Samsung WatchON services requires one or more compatible Authorized Devices, access or connection via mobile network or Internet (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Samsung WatchON services involves hardware, software, and Internet access, your ability to use the Samsung WatchON services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

2.7 You understand that by using the Samsung WatchON services, you may encounter Recommendations that may be deemed offensive, indecent, explicit or objectionable. You agree to use the Samsung WatchON services at your sole risk and that Samsung shall have no liability to you for Recommendations that may be found to be offensive, indecent, explicit or objectionable.


3. Your Use of the Samsung WatchON Services

3.1 In order to use the Samsung WatchON services you are required to already have or newly open a Samsung Account. In addition to the registration data provided about yourself when opening the Samsung Account ("Registration Data"), you may be required to provide additional information about yourself before you can continue to use the Samsung WatchON services or purchasing Media ("Additional Data"). Such Additional Data may include but shall not be limited to payment information, your identity card number or other age verification information etc. You agree to provide accurate, current, and complete Additional Data and to update your Additional Data as required in order to keep it accurate, current and complete. You agree that Samsung may store and use the Registration Data and the Additional Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for use in maintaining your account and billing fees to you.

3.2 The ability to download Media from the Samsung WatchON services may be available to you only in your resident country and not available in any other location. If subject to such territorial restrictions, either imposed by Samsung or Media provider, you agree not to access or use or attempt to access or use the Samsung WatchON services from outside of your country. Samsung may use technologies to verify such compliance.

3.3 You understand that by using the Samsung WatchON services, you may encounter content that may be deemed offensive, indecent, explicit or objectionable. You agree to use the Samsung WatchON services at your sole risk and that Samsung shall have no liability to you for content that may be found to be offensive, indecent, explicit or objectionable. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy.

3.4 You may not use the Samsung WatchON services for any purpose that is unlawful or prohibited by the Samsung WatchON TOS. You are specifically prohibited from using the Samsung WatchON services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations.

3.5 Samsung’s software that you utilize for the Samsung WatchON services may automatically download and install updates from time to time at no cost for you. You agree to such downloading and installation of updates as part of your use of the Samsung WatchON services.

3.6 Samsung reserves the right to change the Samsung WatchON services, including but not limited to Samsung VOD Services or Partner Services that are available on the Samsung WatchON services, without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its Partner Services providers reserve the right to change, suspend, remove, or disable access to the Samsung WatchON services, in whole or in part, and/or any Media, and in no event will Samsung be liable for any claims, costs, or damages caused by or arising out of such actions.

4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the content you upload to the Samsung WatchON services. For information about Samsung’s privacy policy for the Samsung WatchON services, please read the Samsung Account Privacy Policy https://account.samsung.com/membership/pp. You agree to be bound by the Samsung Account Privacy Policy when you register for a Samsung Account.

4.2 You agree and acknowledge that certain information regarding your use of your Samsung WatchON services, particularly the Contents you access, will be automatically processed and analyzed to provide recommendations as part of your use of the Samsung WatchON services.

4.3 Samsung may disclose limited information about you in accordance with the applicable data protection rules.

4.4 In case you decide to become a Partner Services member, you agree that Samsung may pre-populate some of your Samsung Account registration information onto the Partner Services registration site. For the purpose of your use of Partner Services from or through the Samsung WatchON services, you agree to the cross-service usage data synchronization between the accounts.


5. Fees

5.1 The Samsung WatchON services will do all the billing for the fees for your use of any Media through your Samsung Account, whether provided through the Partner Services or Samsung VOD Services. If the Media was provided through the Partner Services the Samsung WatchON services will act in the name and on behalf of the Partner Services for billing and payment processing purposes. You agree to pay the charges that correspond to all content you download through the Samsung WatchON services at the time of the download (all prices already including taxes and other applicable fees), and you expressly agree that Samsung may charge such fees and costs to your credit card, wireless carrier account or other payment processor as applicable as they are incurred. You are responsible for the timely payment of the charges and for providing Samsung with valid payment account details for payment of the charges. The charges will be billed to the account you designate during the registration process. If you want to designate a different account or if there is a change in your account status, you must accurately update your payment account information in your Samsung Account.


5.2 You agree that Samsung through the Samsung WatchON services provides only the billing services in connection with your use of the Partner Services. Any customer inquiries or questions, including but not limited to any billing-related questions or service quality issues regarding Media provided through Partner Services, should be solely directed towards the applicable Partner Services provider.


6. Warranties, Representations and Liability

6.1 REGARDING THE SAMSUNG WATCHON SERVICES OR ANY MEDIA SAMSUNG'S WARRANTIES, REPRESENTATIONS AND LIABILITY AS SET FORTH IN THE SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SAMSUNG WATCHON SERVICES OR ANY MEDIA BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS. THE SAME APPLIES TO SAMSUNG'S LIABILITY REGARDING THE SAMSUNG WATCHON SERVICES OR ANY MEDIA.

6.2 Samsung expressly disclaims any liability in connection with your use of the Media provided by the Partner Services. In connection with the Media provided by any Partner Service, you may bring any claim to or seek remedies only from the applicable Partner Service provider.



S TRANSLATOR TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE FOR THE S TRANSLATOR SERVICES CAREFULLY BEFORE USING THE S TRANSLATOR SERVICES. The S Translator services offers limited translation services for the text and speech content you provide to the S Translator services (the “Content”). These terms of service for the S Translator services (the “S Translator TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the S Translator services. The S Translator TOS supplements the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this S Translator TOS) when opening a single sign on user account with Samsung (the "Samsung Account"). For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided at [https://account.samsung.com] and open a new Samsung Account before using the S Translator services. Even though the most critical and important service terms are covered here in the S Translator TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the S Translator services are incorporated by reference into this S Translator TOS.

1. Acceptance of the S Translator TOS

1.1 BY USING THE S TRANSLATOR SERVICES, YOU AGREE TO BE BOUND BY THIS S TRANSLATOR TOS. IF YOU DO NOT AGREE TO THE S TRANSLATOR TOS, PLEASE DO NOT USE THE S TRANSLATOR SERVICES.

2. Provision of the S Translator Services by Samsung

2.1 You acknowledge and agree that the S Translator services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.

2.2 Use of the S Translator services requires your devices to have access or connection via mobile network or Internet (fees may apply), and certain software, and may require obtaining updates or upgrades from time to time. Because use of the S Translator services involves hardware, software, and Internet access, your ability to use the S Translator services may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, are your responsibility and that your use of any third-party services are subject to the terms and conditions of use established by the respective third-party service providers.

3. Your Use of the S Translator Services

3.1 You acknowledge that the S Translator services are available for a limited set of languages. You also acknowledge that the S Translator services are provided on an “AS IS” basis. Samsung does not guarantee that the translation results will be accurate or error-free. You agree to use the S Translator services at your sole risk and that Samsung and Nuance (as provider of the Speech Recognition Service, as described in Section 5) shall have no liability to you for your use of the Content which is translated by use of the S Translator services. Without limiting the generality of the foregoing and to the extent permitted by applicable laws, in no event shall Samsung or Nuance be liable for any direct, special, indirect or consequential damages, including, but not limited to, loss of revenues and/or loss of profits.

3.2 You may not use the S Translator services for any purpose that is unlawful or prohibited by the S Translator TOS. You are specifically prohibited from using the S Translator services in connection with any contents that (i) are in violation of any third party’s rights, including intellectual property rights; (ii) are pornographic, abusive, threatening, defamatory, or otherwise illegal or in non-conformance with Samsung’s content guidelines; or (iii) contain viruses or other harmful software, code or other means that impact or limit the S Translator services or the devices running the services.

3.3 Samsung’s software that you utilize for the S Translator services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the S Translator services.

4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the Content you translate through the S Translator services. For information about Samsung’s privacy policy for the S Translator services, please read the Samsung Account Privacy Policy [please insert the link to the Samsung Account Privacy Policy]. You agree that you will comply with the Samsung Account Privacy Policy.

5. S Translator and Use of a Speech Recognition Service

5.1 The S Translator service uses speech recognition technology as a component of the translation service. You acknowledge that Samsung may utilize a speech recognition service (the “Speech Recognition Service”) provided by a third party, Nuance Communications Inc. (“Nuance”), and you acknowledge and agree to the following in connection with your use of the S Translator service.

5.2 You agree not to submit any automated or recorded requests to the S Translator service.

5.3 You acknowledge that the words you dictate to the S Translator service (including audio recordings of such words, associated transcriptions and log files) (“Speech Data”) will be collected by Nuance in providing the Speech Recognition Service. If you use the S Translator service to translate Content which contains personal information, Speech Data may contain such personal information.

5.4 You consent and agree that in providing the Speech Recognition Service, Nuance may collect Speech Data which may be used by Nuance and its third party partners to tune, enhance and improve (a) the Speech Recognition Service and (b) other Nuance products and services.

5.5 You acknowledge and agree that your Speech Data may be transferred to the United States and/or other countries for storage, processing and use by Nuance and its third party partners as set forth in Section 5.4.

5.6 Any and all Speech Data that you provide will remain confidential and will be used in accordance with applicable law but may be disclosed by Nuance, if so required, to meet legal or regulatory requirements, such as under a court order or to a government agency if required or authorized by law, or to a third party which acquires or merges with Nuance.


2012-12-20

개인정보처리방침 (삼성서비스용)
("삼성전자"는 고객의 개인정보를 소중히 생각하며 가장 적극적이고 효과적으로 취급하기 위해 최선을 다해 노력하고 있습니다.)
 
□ 개인정보처리방침
- 삼성전자주식회사(이하 "삼성전자")는 고객의 개인정보를 소중하게 생각하며, '개인정보보호법' 등 관련법규를 준수하기 위해 '삼성전자 개인정보처리방침'을 제정하고 이를 준수하고 있습니다.
- "삼성전자" 개인정보처리방침(삼성서비스용)은 법률의 제·개정, 정부의 정책 변경, "삼성전자" 내부 방침의 변경에 따라 바뀔 수 있습니다.
- "삼성전자"는 개인정보처리방침(삼성서비스용)을 개정하는 경우 "삼성전자" 삼성서비스 홈페이지 (http://account.samsung.com) 공지사항을 통하여 공지(또는 개별공지)할 것입니다.
- 고객 여러분들께서는 "삼성전자" 삼성서비스 홈페이지(http://account.samsung.com) 방문 시 수시로 확인해 주시길 바랍니다.
- 본 개인정보처리방침(삼성서비스용)과 "삼성전자" 홈페이지(http://www.samsung.com/sec)에 게시된 개인정보처리방침의 내용이 다를 경우에는 본 개인정보처리방침(삼성서비스용)이 우선 적용됩니다.
- "삼성전자"의 개인정보처리방침(삼성서비스용)은 다음과 같은 내용을 담고 있습니다.
　 · 제 1조 : 총칙
　 · 제 2조 : 수집하는 개인정보의 항목 및 수집 방법
　 · 제 3조 : 개인정보의 수집 및 이용목적
　 · 제 4조 : 개인정보의 이용·제공 및 공유
　 · 제 5조 : 수집한 개인정보의 처리위탁
　 · 제 6조 : 개인정보의 보유, 이용기간 및 파기
　 · 제 7조 : 이용자 및 법정대리인의 권리·의무와 그 행사방법
　 · 제 8조 : 개인정보 보호책임자
　 · 제 9조 : 개인정보 보호를 위한 안전성 확보조치
　 · 제10조 : 광고성 정보 전송
　 · 제11조 : 개인정보처리방침 변경에 따른 고지


□ 제1조 : 총칙
 
1) 개인정보란 생존하는 개인에 관한 정보로서 당해 정보에 포함되어 있는 성명, 주민등록번호 등의 사항에 의하여 당해 개인을 식별할 수 있는 정보(당해 정보만으로는 특정 개인을 식별할 수 없더라도 다른 정보와 용이하게 결합하여 식별할 수 있는 것을 포함)를 말합니다.
 
2) "삼성전자"는 고객의 개인정보보호를 매우 중요시하며, "개인정보보호법" 상의 개인정보보호규정 및 행정안전부가 제정한 "개인정보보호지침"을 준수하고 있습니다. "삼성전자"는 개인정보처리방침을 통하여 고객께서 제공하시는 개인정보가 어떠한 용도의 방식으로 이용되고 있으며 개인정보보호를 위해 어떠한 조치가 취해지고 있는지 알려 드립니다.

3) "삼성전자"는 개인정보처리방침을 홈페이지 첫 화면에 공개함으로써 고객께서 언제나 용이하게 보실 수 있도록 조치하고 있습니다.

4) "삼성전자"는 개인정보처리방침의 지속적인 개선을 위하여 개인정보처리방침을 개정하는데 필요한 절차를 정하고 있습니다. 그리고 개인정보처리방침을 개정하는 경우 버전번호 등을 부여하여 개정된 사항을 고객께서 쉽게 알아볼 수 있도록 하고 있습니다.


□ 제2조 : 수집하는 개인정보의 항목 및 수집 방법
 
"삼성전자"는 고객에게 서비스 제공에 관한 계약 이행 및 서비스 제공에 따른 요금정산, 회원 관리, 마케팅 및 광고 등 다양하고 편리한 서비스를 제공하고, 고객 본인확인을 위해 다음의 방법을 통해 개인정보를 수집하고 있습니다.

1) 수집하는 개인정보의 항목
- 필수항목 : 이메일주소(ID), 비밀번호, 생년월일, 이메일 수신동의, 이름, 성별, 서비스 이용기록(로그데이터, 쿠키 및 웹비콘, 이용시간 등), 접속IP정보, 국가코드, 위치정보, 단말모델정보, 단말OS정보, 단말고유정보(IMEI, DUID, Mac Address 등), 환경설정정보

- 선택항목 : 우편번호, 주소, 휴대폰 번호, 이동통신사, 휴대폰에 저장된 제3자의 전화번호, 프로필 사진, 상태메시지, SNS사이트의 계정 정보

2) 개인정보의 수집방법
- 홈페이지 회원가입, 생성정보 수집 툴을 통한 수집, 서비스 이용
- "삼성전자"는 고객께서 "삼성전자"의 개인정보 수집·이용 동의서 각각의 내용에 대해 "동의" 또는 "동의하지 않음"을 선택할 수 있는 절차를 마련하고 있습니다.


□ 제3조 : 개인정보의 수집 및 이용목적

1) "삼성전자"는 만족스러운 서비스 제공을 위해 필요한 최소한의 범위 내에서 다음 각 항목과 같은 목적으로 개인정보를 수집하고 있습니다.
- 개인정보 수집항목
　· 필수 항목 : 이메일 주소, 비밀번호, 국가, 생년월일, 이메일 수신동의, 이름, 성별
　· 선택 항목 : 우편번호, 주소, 휴대폰 번호, 서비스 이용기록, 접속로그, 쿠키정보, 접속IP정보, 위치정보, 이동통신사, 단말고유번호, 휴대폰에 저장된 제3자의 전화번호, 프로필 사진, 상태메시지, SNS 사이트의 계정 정보
- 수집 목적 :
· 개인정보 처리 및 정보주체의 개인정보 열람, 정정, 삭제, 처리정지 요구時 본인확인을 위함
　· 서비스 제공에 관한 계약 이행 및 서비스 제공에 따른 요금정산: 콘텐츠 제공, 구매 및 요금 결제
　· 회원제 서비스 이용에 따른 본인확인, 개인 식별, 불량회원의 부정 이용 방지와 비인가 사용 방지, 가입 의사 확인, 연령확인, 불만처리 등 민원처리, 고지사항 전달
　· 신규 서비스(제품) 개발 및 특화, 이벤트 등 광고성 정보 전달, 인구통계학적 특성에 따른 서비스 제공 및 광고 게재, 접속 빈도 파악 또는 회원의 서비스 이용에 대한 통계, 시장 트렌드 유추
· 삼성 어카운트로 연결된 다양한 기기에서 동일한 사용환경 제공
- 보유 및 이용기간 : 고객 동의 철회 요청시 까지

2) 단, 고객의 기본적 인권 침해의 우려가 있는 민감한 개인정보(인종 및  민족, 사상 및 신조, 출신지 및 본적지, 정치적 성향 및 범죄기록, 건강상태 및 성생활 등)는 수집하지 않습니다.


□ 제4조 : 개인정보의 이용·제공 및 공유
 
1) "삼성전자"는 고객의 동의가 있거나 관련 법령의 규정에 의한 경우를 제외하고는 어떠한 경우에도 제3조 "개인정보의 수집목적 및 이용목적"에서 고지한 범위를 넘어 고객의 개인정보를 이용하거나 타인 또는 타기업·기관에 제공하지 않습니다. 다만 다음의 경우는 주의를 기울여 개인정보를 이용 및 제공하고 있습니다.
- 매각, 인수합병 등 서비스 제공자의 권리와 의무가 완전 승계, 이전되는 경우 반드시 사전에 정당한 사유와 절차에 대해 상세하게 고지할 것이며 고객의 개인정보에 대한 동의 철회의 선택권을 부여합니다.
- 이 외에 고객의 개인정보를 제공하거나 공유하는 경우에는 사전에 고객에게 제공 받거나 공유하는 자, 제공받거나 공유하는 자의 이용 목적, 제공 또는 공유되는 개인정보 항목, 동의를 거부할 권리가 있다는 사실 및 동의거부에 따른 불이익이 있는 경우에는 그 불이익의 내용 등에 대해 이메일 또는 서면 등을 통해 고지한 후 이에 대한 동의를 구합니다.
 
2) 다음의 경우에는 관련 법령의 규정에 의해 고객의 동의 없이 개인정보를 제공하는 것이 가능합니다.
- 서비스 제공에 관한 계약 이행
- 관련 법령의 규정에 의하거나, 수사 목적으로 법령에 정해진 절차와 방법에 따라 수사기관의 요구가 있는 경우
- 통계작성, 학술연구나 시장조사를 위해 특정 개인을 식별할 수 없는 형태로 가공하여 제공하는 경우


□ 제5조 : 수집한 개인정보의 처리위탁
 
1) "삼성전자"는 서비스 이행을 위해 다음과 같이 개인정보 처리 업무를 외부 전문업체에 위탁하여 운영하고 있습니다.
- 수탁 업체 : 위탁 업무내용
　· 삼성에스디에스 : 회원관리 회원제 서비스 이용에 따른 본인확인,고지사항 전달 ,웹사이트 및 시스템 관리
　· 삼성전자서비스㈜, ㈜IBM : 불만처리 등 민원처리
　· ㈜이니시스, ㈜다날 : 구매 및 요금 결제

2) 개인정보의 처리를 위탁하는 경우에는 개인정보 보호의 안전을 기하기 위하여 개인정보보호 관련 지시엄수, 개인정보에 대한 비밀유지, 제3자 제공의 금지 및 사고시의 책임부담, 위탁기간, 처리 종료 후의 개인정보의 반환 또는 파기 등을 명확히 규정하고 당해 계약내용을 서면 또는 전자적으로 보관하고 있습니다.

3) 업체, 위탁하는 업무의 내용이 변경될 경우, 서면·이메일·전화·SMS 또는 이와 유사한 방법 중 1개 이상의 방법으로 고지하겠습니다.


□ 제6조 : 개인정보의 보유, 이용기간 및 파기
 
1) "삼성전자"는 개인정보의 수집목적 또는 제공받은 목적이 달성된 때에는 고객의 개인정보를 지체 없이 파기합니다.

2) 단, 상법 등 관련법령의 규정 및 내부 방침에 의해 다음과 같이 거래 관련 권리 의무 관계의 확인 등을 이유로 일정기간 보유해야 할 필요가 있을 경우에는 일정기간 보유합니다.
※ 관련 법령(상법, 국세기본법, 법인세법, 전자상거래 등에서의 소비자 보호에 관한 법률 등)에 의한 정보 보유
- 보유 사항 (보존 기간)
· 계약 또는 청약철회 등에 관련 기록 (5년)
· 대금결제 및 재화 등의 공급에 관한 기록 (5년)
· 소비자의 불만 또는 분쟁처리에 관한 기록 (3년)
· 서비스 이용에 관한 기록 : (3개월)
· 본인확인에 관한 기록 : (6개월)

3) 파기 절차 및 방법
- 파기 절차 : 고객의 개인정보는 목적이 달성된 후 별도의 DB로 옮겨져 내부 방침 및 기타 관련 법령에 의한 정보보호 사유에 따라 (보유 및 이용기간 참조) 일정 기간 보관 후 파기되며, 동 개인정보는 법률에 의한 경우가 아니고서는 보유되는 것 이외의 다른 목적으로 이용되지 않습니다.
- 파기 방법 : 종이에 출력된 개인정보는 분쇄기로 분쇄하거나 소각을 통해 파기합니다. 전자적 파일형태로 저장된 개인정보는 기록을 재생할 수 없는 기술적 방법을 사용하여 삭제합니다.
 
 
□ 제7조 : 이용자 및 법정대리인의 권리·의무와 그 행사방법
 
1) 고객은 언제든지 등록되어 있는 고객의 개인정보를 열람하거나 정정·삭제, 처리정지, 동의철회를 요청하실 수 있습니다. 개인정보 열람, 정정·삭제, 처리정지, 동의철회를 하고자 할 경우에는 대표전화(1588-3366) 또는 개인정보 보호책임자 및 담당자에게 서면, 전화 또는 이메일로 연락하시면 본인 확인 절차를 거쳐 지체 없이 조치하겠습니다.
 
2) 고객이 개인정보의 오류에 대한 정정을 요청하신 경우에는 정정을 완료하기 전까지 당해 개인정보를 이용 또는 제공하지 않습니다. 또한 잘못된 개인정보를 제3자에게 이미 제공한 경우에는 정정 처리결과를 제3자에게 지체 없이 통지하여 정정이 이루어지도록 조치하겠습니다.
 
3) "삼성전자"는 고객에 의해 삭제 요청된 개인정보는 "삼성전자"가 수집하는 개인정보의 보유 및 이용 기간, 다른 법령에 명시된 바에 따라 처리하고 그 외의 용도로 열람 또는 이용할 수 없도록 처리하고 있습니다.
 
4) 고객의 개인정보를 최신의 상태로 정확하게 입력하여 불의의 사고를 예방하여 주시기 바랍니다. 고객이 입력한 부정확한 정보로 인하여 발생하는 사고의 책임은 고객 자신에게 있으며 타인 정보의 도용 등 허위정보를 입력할 경우 회원자격이 상실될 수 있습니다.
 
5) 고객은 개인정보를 보호받을 권리와 함께 스스로를 보호하고 타인의 정보를 침해하지 않을 의무도 가지고 있습니다. 고객의 개인정보가 유출되지 않도록 조심하시고 게시물을 포함한 타인의 개인정보를 훼손하지 않도록 유의하여 주십시오. 만약 이 같은 책임을 다하지 못하고 타인의 개인정보 및 존엄성을 훼손할 시에는 관련법령에 의하여 처벌받을 수 있습니다.
 
6) 미성년자의 개인정보 보호
- "삼성전자"는 원칙적으로 고객께서 미성년자일 경우 개인정보를 수집하지 않습니다.
- 부득이 제품의 대금 결제 및 배송업무 등의 필요로 인해 미성년자의 개인정보를 수집할 때에는 사전에 법정대리인의 동의를 구하고 관련 업무가 종료됨과 동시에 정보를 지체 없이 파기토록 하겠으며 업무가 진행되는 동안 개인정보를 철저히 관리토록 하겠습니다.
 
 
□ 제8조 : 개인정보 보호책임자
 
1) "삼성전자"는 고객의 개인정보를 보호하고 개인정보와 관련한 불만사항 및 문의를 처리하기 위해 다음과 같이 관련부서 및 개인정보 보호책임자를 지정하고 있습니다.
- 개인정보 보호책임자
· 성명 : 황기영
· 소속 : 경영지원실
· 전화 : 1588-4730
· 직위 : 상무
  · 이메일 : privacy.sec@samsung.com
- 개인정보 보호담당자
· 성명 : 이재용 부장
· 소속 : MSC Big Data분석 그룹
· 전화 : 1588-4730
· 직위 : 부장
  · 이메일 : help.content.samsung.com
 
2) 기타 개인정보침해에 대한 신고나 상담이 필요하신 경우에는 아래 기관에 문의하시기 바랍니다.
- 개인정보침해신고센터(www.118.or.kr / 118)
- 정보보호마크인증위원회(www.eprivacy.or.kr / 02-580-0533~4)
- 대검찰청 첨단범죄수사과(www.spo.go.kr / 02-3480-2000)
- 경찰청 사이버테러대응센터(www.ctrc.go.kr / 02-392-0330)
 
 
□ 제9조 : 개인정보 보호를 위한 안전성 확보조치
 
"삼성전자"는 고객의 개인정보를 취급함에 있어 개인정보가 분실, 도난, 누출, 변조 또는 훼손되지 않도록 안전성 확보를 위해 다음과 같은 기술적, 관리적, 물리적 대책을 강구하고 있습니다.
 
1) "삼성전자"는 중요 개인정보에 대해 암호화하여 저장 및 관리하고 있습니다.
 
2) 해킹 등에 대비한 대책
- "삼성전자"는 해킹이나 컴퓨터 바이러스 등에 의해 고객의 개인정보가 유출되거나 훼손되는 것을 막기 위해 최선을 다하고 있습니다.
- 개인정보의 훼손에 대비하여 자료를 수시적으로 백업하고 있고, 최신 백신프로그램을 이용하여 고객의 개인정보나 자료가 누출되거나 손상되지 않도록 방지하고 있으며, 암호화 통신 등을 통하여 네트워크상에서 개인정보를 안전하게 전송할 수 있도록 하고 있습니다.
- 그리고 침입차단시스템을 이용하고 외부로부터 무단 접근을 통제하고 있으며, 기타 시스템적으로 보안성을 확보하기 위한 가능한 모든 기술적 장치를 갖추려 노력하고 있습니다.
 
3) 취급 직원의 최소화 및 교육
- "삼성전자"의 개인정보 관련 취급 직원은 담당자에 한정시키고 있고, 이를 위한 별도의 비밀번호를 부여하여 정기적으로 갱신하고 있으며, 담당자에 대한 수시 교육을 통해 개인정보를 안전하게 관리하고 있습니다.
- 개인정보 관련 취급자의 업무 인수인계는 보안이 유지된 상태에서 철저하게 이루어지고 있으며, 입사 및 퇴사 후 개인정보 사고에 대한 책임을 명확화하고 있습니다.
- 전산실 및 자료 보관실 등을 특별 보호구역으로 설정하여 출입을 철저히 통제하고 있습니다.

4) 개인정보보호 전담기구의 운영
 - 사내 개인정보보호 전담기구 등을 통해 개인정보보호조치의 이행사항 및 담당자의 준수여부를 확인하여 문제 발견 시 즉시 시정 조치하도록 하고 있습니다. 단, 고객 개인의 부주의나 인터넷 상의 문제로 개인정보가 유출되어 발생한 문제에 대해서는 "삼성전자"가 일체의 책임을 지지 않습니다.
 

□ 제10조 : 광고성 정보 전송
 
1) "삼성전자"는 고객의 명시적인 수신거부의사에 반하여 영리목적의 광고성 정보를 전송하지 않습니다.
 
2) “삼성전자”는 제품정보 안내 등 온라인 마케팅을 위해 광고성 정보를 이메일 등으로 전송하는 경우 이메일 제목란 및 본문란에 다음 사항과 같이 고객께서 쉽게 알아 볼 수 있도록 조치합니다.
- 이메일 제목란 : (광고)라는 문구를 제목란에 표시하지 않을 수 있으며 이메일 본문란의 주요 내용을 표시합니다.
- 이메일 본문란 : 이용자가 수신거부의 의사표시를 할 수 있는 전송자의 명칭, 이메일 주소, 전화번호 및 주소를 명시합니다. 이용자가 수신거부의 의사를 쉽게 표시할 수 있는 방법을 각각 명시합니다.
 

□ 제11조 : 개인정보처리방침 변경에 따른 고지
 
본 개인정보처리방침은 2011년 11월 30일 제정되었으며, 법률의 제·개정, 정부의 정책 변경, "삼성전자" 내부방침의 변경 또는 보안기술의 변경에 따라 내용의 추가, 삭제 및 수정이 있을 시에는 개정 최소 7일 전부터 홈페이지를 통해 변경이유 및 내용 등을 공지하도록 하겠습니다. 단, 개인정보의 제3자 제공, 수집·이용목적 변경, 보유기간 변경 등 중요한 사항이 변경되는 경우에는 고객의 동의를 얻도록 하겠습니다.
 
 
개인정보처리방침 버전번호 : V 1.0
개인정보처리방침 시행일자 : 2011년 11월 30일

2012-12-20

2012-12-20

2012-12-20